Attachment B Aerospace Contract Text SPE60123R0307.pdf

SPE601-23-R-0307

AEROSPACE CONTRACT TEXT

PART I – THE SCHEUDLE

SECTION B- SUPPLIES/SERVICES

B-0001 B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DLA ENERGY JAN

2012)

(a) This is an indefinite quantity contract for the purchase of supplies (and/or services, if applicable) to be furnished during the contract term. The delivery points, methods of delivery, and estimated quantities are specified in the Schedule as contract line item numbers (CLINs). The quantities shown are best estimates of required Government quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered/loaded may be greater than or less than such quantities as allowed by the VARIATION IN QUANTITY clause.

(b) The following contract text apply ONLY if the applicable box is checked:

(1) [ X ] This is a REQUIREMENTS-TYPE contract. The Government agrees to order from the Contractor and the

Contractor shall deliver, if orders are placed by the DLA Energy Contracting Officer during the contract period, all items awarded under this contract, as allowed by the REQUIREMENTS clause. A Blanket Delivery Order is considered “an order”, for the purposes of this contract text.

(2) [ ] This is an INDEFINITE DELIVERY/INDEFINITE QUANTITY contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the Contracting Officer during the contract period, at least the quantity of supplies or services designated in the Schedule as the “minimum”, as allowed by the INDEFINITE QUANTITY clause. A Blanket Delivery Order is considered “an order”, for the purposes of this contract text

(3) [ X ] Orders issued by the Ordering Officer at the destination location are considered extensions of the Blanket Delivery Order issued by the DLA Energy Contracting Officer and, as such, may be issued orally, by facsimile or by electronic commerce methods, as allowed by the ORDERING clause.

(4) [ X ] The unit prices specified below shall be fixed for the term of the contract.

(5) [ X ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause or contract text, as contained in the solicitation and any resultant contract.

(6) [ X ] Items of this contract call for f.o.b. destination delivery, unless the item specifies otherwise. The destination for each item is the point of delivery shown in the particular item. Inspection for quality will be at origin with final acceptance at destination. Applicable to CLIN(s) See Schedule.

(7) [ ] F.o.b. destination item(s) called for under this contract shall have shipment quantity determinations performed at destination.

(8) [ ] Items of this contract call for f.o.b. origin delivery, unless the item specifies otherwise. Inspection and acceptance will be at origin. Applicable to CLIN(s)

(9) [ ] Any offers received for less than the full quantity for each line item will be rejected by the Government.

(10) [ X] A copy of the certified weight ticket shall accompany each shipment.

(11) [ X ] A copy of the Certificate of Analysis shall accompany each shipment.

(12) [ ] An original and one copy of the H-14 Transport Equipment Delay Certificate shall be provided with each shipment, if applicable.

SECTION C – DESCRIPTION/SPECIFICATIONS

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016) (AEROSPACE ENERGY) Quality Assurance Provisions (QAPs) See Attachment 2

SECTION D – PACKING AND MARKING

D-0001 D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DLA ENERGY MAR 2009)

(a) The Contractor shall be responsible for ensuring the hazardous materials shipment is in full compliance with all applicable packaging/packing, marking, labeling, placarding, blocking and bracing, and palletizing and shipping certifications in force and effect on the date of the shipment in accordance with the following applicable rules and regulations for the individual hazard, ultimate destination, and mode of transportation:

(1) Title 49 of the Code of Federal Regulations (49 CFR) -- Packaging.

(2) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(3) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(4) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of Dangerous Goods by Air.

International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

(1) MIL-STD 129, Standard Practice for Military Marking (for military destinations).

(2) MIL-STD-147, Department of Defense Standard Practice, Palletized Unit Loads.

(3) ASME MH 1.8, Wood Pallets.

(b) Contractor commercial packaging (ASTM D 3951) shall also be in compliance with the requirements listed.

D-0002 D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) (DLA ENERGY OCT 2006)

(a) The Contractor shall place tamper indicating devices (TIDs) such as a seal or cap on the shipping container(s) immediately after filling and sampling. The TIDs shall be placed on the containers in such a manner that pilferage or tampering of the product could only be accomplished by breaking or otherwise destroying the TID. This may require the application of several TIDs on each shipment container.

(b) Where possible, the TID shall be printed with a serial number. The container number and TID number(s) shall be recorded on the certificate of analysis and on the shipping documents. Monthly equipment inventory reports provided to DLA Energy by the Contractor shall include container numbers as well as corresponding TID numbers.

(c) TIDs shall not be removed from a container unless authorized by DLA Energy. If a TID is broken or no longer intact, the Contractor shall contact the Contracting Officer for further instructions. If the Contractor is instructed to place a new TID on the container, the new TID number (if applicable) shall be noted, along with the container number, as stated in paragraph (b) above.

SECTION F – DELIVERIES AND PERFORMANCE

F0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

THIS CONTRACT TEXT ONLY APPLIES TO DLA FUNDED LINE ITEMS.

(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.

(b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for

DIBBS.

(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week).

The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information:

Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.

(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.

(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor.

The order number on the written order will take precedence over the interim order number, if different.

(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.

(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message.

The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and https://www.dibbs.bsm.dla.mil/ http://www.sam.gov/ quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS AND GASES) (AEROSPACE

ENERGY) (DLA ENERGY APR 2006)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined according to one of the following methods:

(1) DELIVERIES INTO OR BY PIPELINE.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's terminal or plant, the quantity shall be determined by a calibrated flow meter.

(B) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity determinations will be made at the receiving activity on the basis of a calibrated flow meter.

(B) The Contractor has the right to have a representative witness quantity measurements performed by the Government.

(C) If the Government does not opt to perform quantity determinations at the destination (see schedule), the Contractor shall determine quantity on the basis of a calibrated flow meter.

(D) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(2) DELIVERIES BY OTHER THAN PIPELINE.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's terminal or plant, the quantity shall be determined (at the Contractor's option) on the basis of--

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

(c) Pressure Temperature Fill Charts/Calculations (for gaseous cylinders and tube trailers).

(B) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity determinations will be made at the receiving activity on the basis of—

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

(c) Pressure Temperature Fill Charts/Calculations (for gaseous cylinders and tube trailers).

(B) The Contractor has the right to have a representative witness quantity measurements performed by the Government.

(C) If the Government does not opt to perform quantity determinations at the destination (see Schedule), the Contractor shall determine quantity on the basis of--

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

(c) Pressure Temperature Fill Charts/Calculations (for gaseous cylinders and tube trailers).

(D) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(b) MEASUREMENT STANDARDS. Weight scales used in determining net shipping volumes shall be certified as calibrated within the frequency required by local regulation. If no local regulation exists, the frequency of calibration shall be conducted in accordance with weight scale manufacturer recommendation or every six months, whichever is more frequent. All flow meters used in determining product volume shall be calibrated within the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every six months, whichever is more frequent. Pressure gauges and thermometers used to calculate fill quantities for gaseous cylinders and tube trailers shall be calibrated at least every six months. The net quantity shipped shall be reported on the DD Form 250 or commercial equivalent, whichever is applicable.

F-0003 F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) (DLA ENERGY APR 2006) The Contractor shall be responsible for ensuring the transportation of hazardous materials is in full compliance with all applicable rules and regulations below that are in force and effect on the date of the shipment for the individual hazard, ultimate destination, and mode of transportation:

(a) Title 49 of the Code of Federal Regulations (49 CFR) -- Transportation.

(b) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(c) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(d) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of Dangerous

Goods by Air.

(e) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

F-0005 F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY May 2009)

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery Schedule or date, it shall immediately notify the Contracting Officer, in writing, giving pertinent details. This data shall not be construed as a waiver by the Government of any delivery Schedule or date or of any rights or remedies provided by law or under this contract.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLASUES

I-0001 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY

FEB 1996)

(a) In the event this contract is terminated for cause, in whole or in part, the Government will incur administrative costs.

(b) The Contractor agrees to pay all administrative costs associated with a contract termination action. The minimum amount the Contractor shall pay for each termination action is $500. This payment for administrative costs is in addition to any excess re-procurement costs and any other remedies or damages resulting from the termination.

(c) The term termination action, as used herein, means the termination for cause, including any associated re-procurement effort, involving--

(1) Any single order or any group of orders terminated together;

(2) Any item or group of items terminated together; or

(3) The entire contract.

I-0002 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR2006)

(a) The Contractor agrees to submit to the Contracting Officer, upon request, a Material Safety Data Sheet (MSDS) that meets the requirements of 29 CFR 1910.1200(g) and the latest revision of Federal Standard No. 313 for all requested contract items. MSDSs must cite the contract number, the applicable CAGE code of the manufacturer, and, where so identified, the National Stock Number (NSN).

(b) The data on the MSDSs must be current and complete, reflecting the final composition of the product supplied.

Should the description/composition of the product change in any manner from a previously submitted MSDS, the Contractor shall promptly provide a new MSDS to the Contracting Officer.

I-0003 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

(a) The Government shall have the right to extend this contract on the same terms and conditions one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor not later than 30 days prior to expiration of the contract ordering period or any extension thereof. Nothing in this contract provision precludes the Contractor from agreeing to an extension of the contract if the DLA Energy Contracting Officer fails to issue the notice prior to 30 days before the end of the ordering period.

(b) Extension of this contract shall be considered to have been accomplished at the time the DLA Energy Contracting Officer provides written notification to the Contractor.

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K-0002 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

The Defense Logistics Agency Energy (DLA Energy) will release prices of successful Offerors after contract award pursuant to 10 U.S.C. 2305(g) (2), FAR 15.506(d) (2) and 32 CFR 286h-3. Prices are the bottom-line price and do not include any breakout of costs, such as transportation or overhead, and do not disclose the Offeror’s anticipated profit or any pricing factors.

K-0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

The Offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

K-0004 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

(a) When a vendor becomes aware that an invoice was submitted for a price or quantity that is lower than the correct amount, the following needs to be done:

(1) The vendor will go to WAWF and try to recall the invoice and do changes in price or quantity. If the vendor is unable to recall the invoice:

(2) The vendor will submit via fax (Fuels EDM FAX Line: 614-701-2638 or DSN 791-2638/ Toll Free 855-234-

5592) a manual invoice to the payment office, SL4701, which identifies the invoice as an adjustment with an invoice number that is a derivation of the original invoice number that was submitted and paid. (For example, if the original invoice number was 12345, then adjustment invoice number shall be 12345ADJ).

(3) The adjustment invoice should have the original price or quantity cited as well as the corrected price or quantity and the net adjustment,

(4) All other proper invoice criteria, in accordance with the Prompt Payment Act, remain required for adjustment invoices.

(5) The vendor can print the WAWF invoice and use it to make the adjustments as described above.

If a vendor has payment status questions, they may contact either DFAS-Customer Service at DFAS-CO_LC@DFAS.MIL or dial 1- 800-756-4571 option 2, or contact their DLA Energy Contracting Officer, to obtain contract information from their contract.

Note: The aforementioned email address contains an underscore “_” between the “CO” and “LC”.

mailto:DFAS-CO_LC@DFAS.MIL

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

(a) Acceptance period, as used in this contract text, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of proposals.

(b) This contract text supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of 120 calendar days.

(d) If the Offeror specifies an acceptance period which is less than that required by the Government, such offer may be rejected.

(e) The Offeror agrees to execute all that it has undertaken to do, in compliance with its offer, if such offer is acceptable to the Government and is accepted within the acceptance period stated in (c) above or within any extension thereof that has been agreed to by the Offeror.

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

(a) Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.

(b) E-mail receiving data and compatibility characteristics are as follows:

(1) E-mail address: tammie.campbell@dla.mil

(2) The DLA Energy accepts attachments in—

(i) Adobe Acrobat;

(ii) Microsoft Excel; (Unlocked Pricing Worksheet)

(iii) Microsoft Word; and

(iv) Microsoft PowerPoint.

(c) Initial proposals, modifications and proposal revisions submitted via e-mail must contain Offeror's signature included in the attachment to the e-mail communication.

(d) Attachments that are not in .pdf file format must be sent password protected for “read only” to ensure the integrity of the data submitted.

(e) Proposals submitted electronically through a single e-mail must be no more than 10 MB. DLA Energy’s mail server will reject messages larger than 10 MB.

(f) The DLA Energy e-mail filter will scan the incoming e-mail and attachments for viruses and key words. Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s adult content library and may result in the e-mail delivery being delayed. Offerors are encouraged to verify receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.

(g) If any portion of an e-mail proposal received by the Contracting Officer is unreadable, the Contracting Officer will immediately notify the Offeror and permit the Offeror to resubmit the proposal. The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the Offeror and the resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the Offeror complied with the e-mail submissions instructions provided in this paragraph and with the time and format requirements for resubmission prescribed by the Contracting Officer.

(h) The Government reserves the right to make award solely on the e-mail proposal. However, if requested to do so by the Contracting Officer, the apparently successful Offeror promptly shall submit the complete signed original proposal.

mailto:tammie.campbell@dla.mil

L-0003 L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012)

(a) All proposals shall consist of a Price Proposal. In addition, a Technical Proposal shall be submitted if indicated in paragraph (c) below.

(b) PRICE PROPOSAL.

(1) In the Schedule, Section B, Supplies or Services and Prices/Costs, offered prices shall be completed for each

Contract Line Item Number (CLIN) unless the Schedule notes that multiple awards will be made. In that case, the offeror may select which CLINs or groups of CLINs, such as those applying to a specific customer location, against which to submit an offer;

(2) For each applicable box checked below, unit prices shall be formulated, as specified:

[X ] (i) Product with no Monthly Facility Fee (MFF). The offeror shall include all fixed, variable and incremental costs to produce and prepare product for Government inspection and acceptance. Include all transportation and shipping costs to deliver the product to the specified customer location if the product CLIN is designation as f.o.b. destination. For this solicitation, the applicable CLINs are 0001, 0002, 0007, 0008, 0009, 0010, 0011, 0012, 0013, 0015, 0016, 0017, 0018, 0019, 0020, 0021, 0022, 0023, 0058, 0061, 0064, 0067, 0070, 0071.

[ ] (ii) Product with an MFF CLIN. The offeror shall include only the variable and incremental costs to produce and prepare the product for Government inspection and acceptance in the product CLIN. All fixed costs associated with the facility shall be included in the MFF, to include storage and distribution of Government-owned product, if required by the Statement of Objectives (SOO).

For this solicitation, the applicable CLINs are N/A.

[ ] (iii) Services CLIN(s), such as maintenance and repair of containers. The offeror shall include all variable and fixed costs associated with the service, as described in the SOO, unless otherwise noted herein that those costs should be included in another CLIN: For this solicitation, the applicable Services CLINS are:.

[ ] (iv) Repair Parts Specifically Identified in the Schedule. Where the Government specifically identifies repair parts which will be reimbursed under the Contract, the offeror shall include in its offered price, on a per unit basis, all costs associated with that repair part, to include the applicable labor costs to install it. For this solicitation, the applicable CLINS are N/A.

[ ] (v) Contractor-Provided Tank(s) CLIN(s). The offeror shall include in each applicable CLIN all fixed and variable costs associated with leasing of a tank or multiple tanks to the Government under the contract. Separate CLINS have been established for the costs associated with the leasing of the tank(s) as compared to the costs associated with the tank(s) installation and removal. Where the incumbent is offering the same number and size of tanks previously provided under the previous contract, the incumbent need not propose a price for tank(s) installation. However, the incumbent shall propose a price for tank(s) removal. For this solicitation, the applicable CLINs are N/A.

[ ] (vi) Contractor provided equipment CLIN(s). Where the SOO requires specific contractor-provided equipment for which a separate CLIN has been established for reimbursement under the resultant contract, the offeror shall include all fixed and variable costs associated with providing such equipment, to include but not limited to delivery, installation, calibration, maintenance and repair throughout the contract term, and removal at the expiration of the contract. For this solicitation, the applicable CLINS are N/A.

[X ] (vii) Expedited/Emergency Delivery CLIN(s). Where the Schedule has a CLIN for Expedited and/or Emergency delivery, as defined in the SOO, the offeror shall include all costs associated with such delivery on a per shipment basis. This encompasses additional labor and transportation costs anticipated to be incurred over and above normal delivery costs. Any product ordered with an Expedited and/or Emergency delivery shall be paid at the unit price of the applicable product CLIN. For this solicitation, the applicable CLINS are 0003, 0005, 0024, 0025, 0026, 0027, 0028, 0029, 0030, 0031, 0032, 0033, 0034, 0035, 0036, 0038, 0055, 0056, 0059, 0062, 0065, 0068, 0072, 0074 .

[ ] (viii) Hot Fill CLIN(s). If the solicitation includes a “Hot Fill” CLIN, the offeror shall propose a per Hot Fill Unit

Price. Examples of costs that should be included in the offeror’s per Hot Fill Unit Price but not limited to these, are additional support personnel required to accomplish the Hot Fill or additional time required at the delivery location in support of the Hot Fill. The per Hot Fill Unit Price shall not include the cost of the product consumed during the Hot Fill since the Contractor will be paid for the amount of product consumed under the applicable product CLIN. For this solicitation, the applicable CLINs is N/A.

[X ] (ix) Additional CLIN(s) not described above to be priced by the offeror. For this solicitation, the applicable are CLINS: Evacuate and Purge Cyl/Drums/Container – 0004, 0006, 0039, 0040, 0041, 0042, 0043, 0044, 0045, 0046, 0047, 0048, 0049, 0050, 0051, 0052, 0054, 0057, 0060, 0063, 0066, 0069, 0073, and 0075.

[ ] (x) Not Separately Priced (NSP) CLIN(s). For CLINs shown as NSP, the offeror shall include the costs associated with that CLIN in the designated CLIN’s unit price. For this solicitation, the applicable Services CLINs are N/A.

[ ] (xi) To Be Negotiated (TBN) CLIN(s). For those CLINs designated as TBN, the Government will negotiate a unit price on a case-by-case basis, if and when requirements under the CLIN materialize. In order for the Government to add such a requirement to the contract under the TBN CLIN, the unit price must be determined fair and reasonable. For this solicitation, the applicable CLINs are N/A.

[ ] (xii) Exceptions to the above. .

(3) The Standard Form 1449 must be completed, as well as the MANUFACTURING AND FILLING POINTS and

TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (AEROSPACE ENERGY) contract text , if included, and all certifications and representations contained in Section K of the solicitation.

(c) TECHNICAL PROPOSAL.

(1) A Technical Proposal IS required. If a Technical Proposal is required, the two non-cost factors will be Technical

Capability and Past Performance.

(2) TECHNICAL CAPABILITY. The offeror shall provide a technical proposal by completing the required fill-in data only if the applicable box is checked. The offeror may submit continuation sheets with this fill-in contract text to provide additional technical narrative, however, the complete technical proposal, exclusive of any résumés, drawings, or blueprints, shall not exceed 12 pages.

The proposal will be evaluated strictly on technical merit and should describe and justify the offeror's technical approach to the requirements of the work to be performed and/or delivery of product under the contract. The technical proposal should be specific and provide concise, straight-forward descriptions of the offeror's capability to perform the requirements of the contract. Proposals that are unrealistic in terms of the description of the offeror’s technical capability may be considered indicative of a lack of understanding of the solicitation’s requirements. :

[X] (i) General description of how the offeror will ensure a reliable supply of on-spec product and/or service to meet the Government’s requirements as stated in the solicitation.

[ X ] (A) Production capability per day of proposed fill plant (s).

[X] (B) Plant storage capacity for product offered.

[ ] (C) If the offeror will be making deliveries to customers, describe type, number and size of containers that will be used for delivery of product to each customer location that the offeror proposes on.

[X ] (D) If the contract requires maintenance and repair of Government-owned equipment, such as repairs to cylinders or tube trailers, describe how such services will be performed to meet solicitation requirements.

[X] (E) Describe the in-process quality control procedures that will ensure the production and delivery of on-spec product.

[X] (F) Describe offeror’s proposed quality sampling plan that will be implemented to assure individual shipments made under this solicitation meet the product quality requirements stated in the applicable specification or product describe.

[ ] (G) In accordance with Statement of Objectives location (s) with Government-Owned tanks require “non-pump assisted off-loads”, tank vent valves are required to be fully open during receipt operations, and are equipped with a 10 micron filter installed in-line with receiving connection which acts as a restriction orifice and mitigates tank pressure build up. At the Supplier’s expense it is acceptable to equip conveyance or servicing hose with a tank over pressurization control device or shall use a conveyance without pump assisted off load. Describe offeror’s proposed process to meet solicitation requirements.

[] (ii) Description of Contractor-furnished equipment at a location other than the Contractor’s facility (e.g., on Government property) such as storage tanks.

[] (A) Describe all Contractor provided equipment to include a description of size, certifications, instrumentation (including alarms), design parameters, etc.

[] (B) Include a timeline for the purchase, installation, testing and commissioning of the equipment.

[X ] (iii) Describe the method for securing delivery container(s) and/or cargo tank openings with tamper indicating devices (i.e., seals) to prevent tampering and/or pilferage from the time the cargo tank is loaded until it is delivered to its destination. (Refer to the CONTRACTOR SEAL REQUIREMENT contract text.)

[X ] (iv) For solicitations containing product CLINs, if the offeror is not the manufacturer of the product to be delivered under the contract or is otherwise proposing to provide product from a fill plant or production facility other than one owned and operated by the offeror, the offeror shall provide a written supply commitment letter from the owner of the fill plant or production facility from where the product will be obtained in performance of any resultant contract. The written supply commitment letter shall clearly indicate:

[X ] (A) The owner of the fill plant or production facility is willing to provide the products and/or services required to be delivered/performed under any resultant contract for the duration of the delivery period shown in the Schedule; and

[X ] (B) Confirmation of the quantity and specification of the products to be delivered;

[] (v) This paragraph describes additional information for the Technical Proposal not asked for in above paragraphs.

(d) PAST PERFORMANCE. Past Performance information is required in response to all solicitations. For solicitations that require only a Price Proposal, past performance information will be used in the Contracting Officer’s responsibility determination of individual offerors, as required by FAR Part 9. For those solicitations that require a Technical Proposal, past performance information will be used to evaluate past performance as the second non-cost factor in addition to Technical Capability. The offeror shall submit information regarding its past performance on the form entitled Contractor Performance Data Report, as attached to the solicitation. All contracts and subcontracts (completed or in progress) for the last three years awarded by DLA Energy as well as other (completed or in progress) Government agencies or the private sector that are related to the proposed contract shall be included on the form. Failure to submit a complete list may reflect adversely on the offeror. The number of relevant past performance efforts submitted in accordance with the attachment shall not exceed five for the prime offeror. The Government reserves the right to make telephone contact with offerors, proposed subcontractors and references in order to confirm and/or clarify the past performance information submitted. The Government has the option to consider information from these sources, and any others that may be available, that it deems necessary in order to make an accurate assessment of the offeror’s past performance. In addition, the offeror should provide additional information on any significant problems encountered and corrective actions taken under contract(s).

(e) ADDITIONAL INFORMATION. For solicitations containing product CLINs that do not otherwise require a Technical Proposal, if the offeror is not the manufacturer of the product to be delivered under the contract or is proposing to provide product from a fill point or production facility other than one owned and operated by the offeror, the offeror shall provide a written supply commitment letter from the owner of the fill plant or production facility from where the product will be obtained in performance of any resultant contract. This information will be used in the Contracting Officer’s responsibility determination as required by FAR Part 9. The written supply commitment letter must clearly indicate--

[ ] (A) The owner of the fill plant or production facility is willing to provide the products and/or services required to be delivered/performed under any resultant contract for the duration of the delivery period shown in the Schedule; and

[ ] (B) Confirmation of the quantity and specification of the products to be delivered;

(f) EXCEPTIONS. Exceptions (price or technical) taken to the terms and conditions of the solicitation and/or any of its formal attachments shall be identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain the impact, if any, on the performance, price, and specific requirements of the solicitation. Failure to agree to the terms and conditions of the solicitation may result in the offeror being removed from consideration for award.

SECTION M – EVALUATION FACTORS FOR AWARD

M-0001 M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009)

(a) For solicitations that require submission of a Technical Proposal, award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the specific evaluation criteria contained in the solicitation. Non-cost factors to be evaluated shall be technical capability and past performance. In accordance with FAR 15.101-2(b)(3), proposals will be evaluated for acceptability but not ranked using the non-cost/price factors.

(1) Technical capability will be measured against requirements specified in the solicitation. As such, technical capability is considered acceptable when the offeror’s proposal is in compliance with the requirements of the solicitation.

Specific criteria used to judge acceptability are as follows and apply ONLY if the applicable box is checked:

[X] (i) Acceptability of the narrative describing how the offeror will ensure a reliable supply of on-spec product and/or services to meet the annual estimated quantities in the RFP’s Schedule.

[ ] (ii) Acceptability of the narrative describing any Contractor-furnished equipment at a location other than the Contractor’s facility (e.g., on Government property).

[X] (iii) Acceptability of method for securing delivery container and/or cargo tank openings with indicating devices (i.e., seals) to prevent tampering and/or pilferage from the time the cargo tank is loaded until it is delivered to its destination.

[X] (iv) Acceptability of the offeror’s description of here the product(s) will be obtained and any written supply commitments if the offeror is not the producer of the product to be delivered under the contract.

[] (v) This paragraph describes additional criteria used to evaluate technical capability not described in the above paragraphs, if applicable.

(2) Past performance shall generally include verification of performance with the offeror’s past and current customers, to include Federal, State, and local governments as well as private entities. The form entitled Contractor Performance Data Sheet, located in Section J of the solicitation, may be used to provide relevant performance history pursuant to this solicitation. In accordance with FAR 15.305(a)(2)(iv), offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance.

Additionally, past performance data may be obtained through the Past Performance Information Retrieval System, similar systems or other Government departments and agencies, questionnaires tailored to the circumstances of this acquisition, Defense Contract Management Agency channels, interviews with program managers and contracting officers, and other sources known to the Government (including commercial sources). Offerors will be given the opportunity to address any negative performance information resulting from the past performance assessment inquiries.

(3) An offeror whose proposal is evaluated as acceptable from both a technical capability perspective as well as for past performance will be considered technically acceptable.

(b) Regardless of whether a Technical Proposal is required or not, the following price evaluation procedure(s) apply if the applicable box is checked:

[ ](1) For F.O.B. Origin product CLINs. For price evaluation purposes, the evaluated price of each CLIN or subCLIN for product CLINs to be delivered on an f.o.b. origin basis will be calculated by multiplying the estimated quantity by the proposed unit price of the product. To each CLIN/subCLIN, the Government will add as an “other price- related factor,” the Government’s estimated costs for transporting the product from the offeror’s proposed fill plant, production facility, and/or storage facility, as stated in the offeror’s proposal, to the individual customer locations designated in an attachment to the solicitation. The estimated number of shipments shown in the attachment will also apply. The lowest laid down price is calculated by adding the sum of the evaluated prices for each CLIN/subCLIN to the Government’s total estimated cost for transportation and the total of all “other price related factors”, if any, as described in the paragraph below. Transportation rates are derived from-- [] (i) For CONUS locations, the Surface Deployment and Distribution Command’s (SDDC’s) competitively awarded contracts will be used.

[ ] (ii) For OCONUS locations, the Government rates for both air and sea transportation will be taken from the DoD’s Single Mobility System (SMS) Air Cargo/PAX Cost Calculator.

[X ] (2) For F.O.B. Destination product CLINs. For price evaluation purposes, the evaluated price of each CLIN or subCLIN for product CLINs (All Product CLINs) will be calculated by multiplying the estimated quantity by the proposed unit price of the product(s), which should include all costs associated with the offeror’s delivery of product to the location specified in the Schedule. F.o.b. destination CLINs are normally individual DLA Energy customer locations, unless otherwise specified.

[X] (3) Non-product CLINs/subCLINs. For price evaluation purposes, the following non-product CLINS/subCLINs will be evaluated for award: (All Service CLINs) Each non-product CLIN/subCLIN’s evaluated price will be calculated by multiplying the estimated quantity by the offered unit price. Offerors who do not propose on all non-product CLINs and subCLINs stated in the Schedule (where one award will be made), or where a group of CLINs/subCLINs will be evaluated for award, or where the Schedule contains specific customer locations to be evaluated and awarded, may not be considered for evaluation and award unless the offeror proposes prices on all applicable CLINs/subCLINs.

[ ] (4) This paragraph describes the evaluation process for product or non-product CLINs/subCLINs or additional “other price related factors” not otherwise described in any of the above paragraphs, if applicable. N/A

[ ] (5) The offered prices for the following CLINs/subCLINs will not be included in the evaluation for award, but will be evaluated for price reasonableness and included as a CLIN/subCLIN in each contract award N/A.

[] (6) Lowest Total Evaluated Price for F.O.B. Origin Requirements. If Schedule B includes both f.o.b. origin product CLINs as well as non-product CLINs that are to be evaluated in accordance with this contract text, the evaluated prices for all the non-product CLINs will be added to the lowest laid down price of all the product CLINs that are otherwise designated as one group, such as in a region, to determine the lowest total evaluated price. Otherwise, only the product CLINs (or those applicable to the designated group) will be added to determine the lowest total evaluated price. If no region or group is designated in the Schedule, all the evaluated prices of all the CLINs in the solicitation will be added together for determination of the lowest total evaluated price.

[X ] (7) Lowest Total Evaluated Price for F.O.B. Destination Requirements. If Schedule B includes both f.o.b. destination product CLINs as well as non-product CLINs that are to be evaluated in accordance with this contract text, the evaluated prices for all the non-product CLINs will be added to the evaluated price(s) of the applicable f.o.b. destination product CLINs to determine the lowest total evaluated price. Otherwise, only the product CLINs applicable to the group or designated customer location will be added to determine the lowest total evaluated price. Where more than one customer location is contained in the Schedule, the lowest total evaluated price shall be all product CLINs and non-product CLINS for a specific customer location, added together. NOTE: Pricing shall not include transportation costs, the Government will responsible for trailer shipments to/from vendor authorized fill-point/plant(s).

[ ] (8) If Schedule B is for services only and as such does not include any product CLINs, the total evaluated price will be the total of the evaluated prices for all the services CLINs, as designated in paragraph (e)(3) above.

(c) If options are included, the Government will evaluate offered prices by using the same price evaluation procedures as described above, except, as follows:

I-0004 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012) allows the Government to extend the period of performance for up to six (6) months on a unilateral basis. The method for evaluating the extension period and its associated quantities is to multiply an additional six months of requirements by the offered unit price and then to add that total evaluated price to the existing evaluated price for each line item.

The Government may determine that an offered price under an option CLIN is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(d) BASIS FOR AWARD. For solicitations requiring a Technical Proposal, the Contracting Officer will award to the responsible, technically acceptable offeror with the lowest total evaluated price for the designated group of CLINs and/or customer locations, including options, if contained in the solicitation. If group(s) of CLINs or individual customer locations are not otherwise designated in the Schedule, only one contract will be awarded for all the CLINs specified in the Schedule. Where the Government is soliciting for a group of CLINs, such as on a regional basis, as well as for individual customer locations on a f.o.b. destination basis, more than one contract award may be made as price evaluation and award will be made on a customer location by customer location basis.

(e) A written notice of award or acceptance of offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.