Attachment K - SPE601-24-R-0306 Aerospace Clauses - CO2.pdf

SPE601-24-R-0306 DLA ENERGY AEROSPACE CLAUSES

SCHEDULE OF SUPPLIES/SERVICES

B0001 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 provisions 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 provision.

(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 provision

(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 provision, as contained in the solicitation and any resultant contract. See [buyer fills in the appropriate EPA clause or contract provision].

(6) [ ] 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).

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

(8) [ X ] 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) 0001-0007.

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

See attachments for Supplemental Quality Assurance Provisions.

ENERGY QAP C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY DEC 2016)

ENERGY QAP E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY) (DLA ENERGY SEP 2013)

ENERGY QAP E6 CERTIFICATE OF CONFORMANCE (AUG 2015)

ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY AUG 2016)

ENERGY QAP E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) (DLA ENERGY JUL 2008) *PLEASE

USE FILL-PAGES.

ENERGY QAP E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

C0001 QAP C1.01 SPECIFICATIONS (DLA ENERGY APR 1984)

Product(s) to be supplied shall fully meet the requirements of the applicable specification(s).

PACKING AND MARKING

D0001 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.

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

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

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

(8) ASME MH 1.8, Wood Pallets.

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

D0002 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.

INSPECTION AND ACCEPTANCE

E0001 ENERGY QAP E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (JP-10/RP-1) (AEROSPACE ENERGY) (DLA

ENERGY MAR 2015)

E0002 ENERGY QAP E6 CERTIFICATE OF CONFORMANCE (AUG 2015)

E0003 ENERGY QAP E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY AUG 2016)

E0004 ENERGY QAP E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) (DLA ENERGY JUL 2008)

*PLEASE USE FILL-PAGES.

DELIVERIES AND PERFORMANCE

F0001 F1.09-6 DETERMINATION OF QUANTITY (JP-10/RP-1) (AEROSPACE ENERGY) (DLA ENERGY JUN 2013)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) DELIVERIES F.O.B. ORIGIN INTO U.S. GOVERNMENT-OWNED OR LEASED STORAGE TANK(S).

(i) The quantity shall be determined by one of the following methods.

(A) Level determination by properly calibrated and certified level meter or manual hand gauge and converted to volume on the basis of certified capacity tables;

(B) Weight measurement through the use of certified load cells on the storage tank and converted to gallons; or

(C) Other means approved by the DLA Energy Contracting Officer.

(D) The Government has the right to have a representative present to witness the measurement of quantity.

(2) DELIVERIES F.O.B. ORIGIN INTO OR BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(i) The quantity shall be determined by one of the following methods:

(A) Certified capacity table of the conveyance loaded;

(B) Calibrated meter; or

(C) Weight, using calibrated scales.

(D) The Government has the right to have a representative present to witness the measurement of quantity.

(ii) WATER BOTTOMS.

(A) Every delivery must be free of all water bottoms prior to discharge; and

(B) The Contractor is responsible for water bottom removal and disposal.

(b) VOLUME CORRECTION. Volume correction to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius) is required for—

(1) All product volumes measured in storage tanks; and

(2) All other volumes of fuels and fuel oils measured in tank trucks, trucks and trailers, and tank wagons.

(c) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200/ISO 91-1). Either the printed version or the computer subroutine versions of the standard may be used. In case of disputes, the computer subroutine shall be the referee method.

(i) Use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

(ii) For JP-10 and RP-1, the quantity reported on all shipment paperwork should be reflected in U.S. gallons, so if the original measurement is by weight, then convert via—

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

(2) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation. If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.

(3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter.

F0002 F7 DELAY OF CARRIER EQUIPMENT (DETENTION) (AEROSPACE ENERGY) (DLA ENERGY APR 2006) Detention charges at the Contractor’s facility for delay of the carrier’s equipment in excess of the carrier’s tariff/tender allowable free time is to be documented on the carrier’s Transport Equipment Delay Certificate. Both the carrier driver and the Contractor must sign the certificate.

Documentation shall include the time and date the carrier driver arrived, the time and date the carrier driver departed, and the reason(s) for the delay.

Documentation shall be provided to the carrier driver prior to his departure from the facility.

F0003 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.

CONTRACT ADMINISTRATION DATA

Not Applicable

SPECIAL CONTRACT REQUIREMENTS

H0001 H15 TRANSPORTATION REQUIREMENTS FOR F.O.B. ORIGIN SHIPMENTS BY TANK TRUCK, TRUCKLOAD, AND/OR LESS THAN TRUCKLOAD (CYLINDER/DRUM) (AEROSPACE ENERGY) (DLA ENERGY MAR 2016)

(a) The address for the Transportation Office (TO) referred to in this contract text is—

ATTN: DLA ENERGY-QEMC

BUILDING 5730

1525 WURTSMITH STREET

JBSA-LACKLAND, TX 78236

PHONE: (210) 780-5031 / DSN 392-780-5031

FAX: (210) 925-8048

(b) For the purposes of this contract text and shipments made under the contract, a cylinder/drum may be considered “truckload” or “less than a truckload.”

(c) Shipments will be made on Commercial Bills of Lading (CBLs) in accordance with appropriate regulations. A CBL will be furnished by the TO in advance of the anticipated shipping date. In the event that a CBL is not provided prior to the shipment and under the direction of the TO, a carrier/contractor bill of lading may be used. The Contractor shall complete and distribute the CBLs as noted on the routing instructions furnished by the TO. The Contractor shall annotate on the CBL the weight/gallons, seal numbers, and signature of the agent. The Contractor shall fax the completed CBL to the TO.

(d) The Contractor is responsible for—

(1) Contacting and scheduling the carrier in for loading, when directed by the TO in the routing instructions;

(2) Inspecting all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver; and

(3) Loading of transport equipment shall be in accordance with 49 CFR. The Contractor is liable for reimbursement to the Government for damage to any equipment caused by the failure to load, block, and brace the shipment in accordance with acceptable standards set forth therein.

(4) DD Form 626, Motor Vehicle Inspection (Transporting Hazardous Materials). The Contractor is required to fill out the DD Form 626 using one of the options provided below for all shipments of hazardous materials:

(i) The carrier will submit a copy of the vehicle mechanical inspection performed at the carrier’s terminal. Annotate in Block 15 of the DD Form 626 that “the carrier performed the vehicle mechanical inspection (Section II) and a copy of the inspection is attached to the DD Form 626” (making sure the shipper knows he/she is to attach the inspection to the DD Form 626). The Contractor is required to sign in Block 16.

(ii) If the carrier does not have a copy of the vehicle mechanical inspection, the Contractor should annotate in Block 15 of the DD Form 626 that “the vehicle mechanical inspection (Section II) was performed by the carrier” and the driver shall sign the DD Form 626.

(iii) A copy of the signed and dated DD Form 626, along with a completed CBL, shall be faxed or emailed to the TO.

(5) On the day of shipment, the Contractor shall provide a Report of Shipment within 4 hours of departure or within 2 hours the next day (if contact cannot be made on the day of shipment) to the TO. The Report of Shipment may be made by fax or phone and must include the following information:

(i) CBL Number.

(ii) Name of Carrier.

(iii) Carrier Progressive (Pro) Number.

(iv) Tractor and Trailer Name.

(v) Departure Date and Time.

PART II - CONTRACT CLAUSES

CONTRACT CLAUSES

I0001 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.

I0002 I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011) (DEVIATION)

(a) As used in this contract provision--

(1) After-imposed tax means any new or increased Federal, State, or local tax that the Contractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative action taking effect after the contract date.

(2) After-relieved tax means any amount of Federal, State, or local tax that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear the burden of, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.

(3) All applicable Federal and State taxes means all excise taxes that the taxing authority is imposing and collecting on the transactions or property covered by this contract pursuant to written ruling or regulation in effect on the contract date.

(4) Contract date means the date set for bid opening or, if this is a negotiated contract or a modification, the date set for final revised prices.

(5) Local taxes means taxes levied by the political subdivisions of the States, District of Columbia, or outlying areas of the United States, e.g., cities and counties.

(6) Outlying areas means—

(i) Commonwealths. Puerto Rico and the Northern Mariana Islands;

(ii) Territories. American Samoa, Guam, and the U.S. Virgin Islands; and

(iii) Minor outlying islands. Baker Island; Howland Island, Jarvis Island; Johnston Atoll; Kingman Reef; Midway Islands;

Navassa Island; Palmyra Atoll; and Wake Atoll.

(7) State taxes means taxes levied by the States, the District of Columbia, or outlying areas of the United States.

(8) Tax means taxes, duties and environmental or inspection fees, except social security or other employment taxes.

(b) The contract price includes all applicable Federal, State, and local taxes, except as otherwise provided. (See either the FEDERAL AND STATE TAXES/FEES or FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision.)

(c) The contract price shall be increased by the amount of any after-imposed tax if the Contractor states in writing that the contract price does not include any contingency for such tax.

(d) The contract price shall be decreased by the amount of any after-relieved tax.

(e) The contract price shall also be decreased by the amount of any tax that the Contractor is required to pay or bear the burden of, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.

(f) The Contractor shall promptly notify the Contracting Officer of all matters relating to any tax that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.

(g) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

I0003 I116.05 RESPONSIBILITY FOR GOVERNMENT-OWNED ENERGY AEROSPACE PRODUCTS (DLA ENERGY

AUG 2022)

(a) Title to any Government-owned Energy Aerospace products in the possession of or under the custody of the Contractor by reason of this contract, which is hereinafter referred to in this provision as "Government-owned product," shall at all times remain in the Government, and Government-owned product shall be used only for the purposes set forth in this contract. The Government shall always have access to the premises wherein any Government-owned product is located.

(b) The Contractor shall protect and preserve Government-owned product in a manner consistent with sound industrial practice.

(c) Government-owned product shall not be commingled in the same tank, truck, or any other storage container with non- Government-owned product. Actual physical segregation of Government-owned product shall be maintained in addition to separate inventory accountability for Government-owned product.

(d) The Contractor shall not be liable for loss of or damage to Government-owned product while in the possession of or under the custody of the Contractor by reason of this contract, or for expenses incidental to such loss or damage, except that the Contractor shall be liable for any such loss or damage (including expenses incidental thereto)--

(1) Which results from negligence, or bad faith, or willful misconduct of the Contractor, its employees, or agents; or

(2) Which results from a risk that is in fact covered by insurance or for which the Contractor is otherwise reimbursed, but the Contractor in such case shall be responsible only to the extent of such insurance or reimbursement.

(e) The Contractor represents and warrants that the prices stated in the Schedule do not include the cost of insurance covering risk or loss of or damage to Government-owned product while in the possession of or under the custody of the Contractor by reason of this contract, nor any provision for a reserve to cover such risk. In the event the Contractor is reimbursed or compensated for any loss or damage to Government-owned product, it shall reimburse the Government. The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any such loss or damage and, upon the request of the Contracting Officer, shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(f) In order to maintain accountability and control over Government-owned product and other property located at the Contractor’s facility, it is necessary to designate the Contractor’s facility as a Energy Aerospace Support Point (EASP). As a designated EASP, the Contractor will be required to submit DD Form 2924, Monthly Inventory Transactions Report (MITR). Entries on the MITR must be supported by DD Form 2913, Missile Propellants Consolidation and Reporting of Sales; DD From 1348-7 and 1348-8, DoD MILSPETS EASP Shipment and Receipt Document; DD Form 1898 Fuel Sale Slip; and DD Form 250, Material Inspection and Receiving Report, as appropriate. The MITR package will be emailed to the Energy Aerospace Resolution Specialist no later than the 10th calendar day of the following month.

(1) The applicable Customer Account Specialist issue the DD Form 1149, Requisition, and Invoice/Shipping Document, for all issues and distribution of Energy Aerospace products from inventory in storage. The DD Form 1149 will be issued at least seven days prior to loading bulk and non-bulk (cylinder or drum) shipments. The Contractor shall provide points of contact, alternate points of contact, and an emergency point of contact for scheduling shipments.

(2) Net inventory determinations of Government-owned product shall be performed on the first workday of each month.

(i) Quantity calculations shall be in accordance with the DETERMINATION OF QUANTITY provision.

(ii) DD Form 2924 shall be prepared by the Contractor at the first of each month to include the beginning inventory, receipts, sales, transfers, losses/gains, and the ending inventory of the previous month. Bulk, drum, cylinder, and/or GPTU inventories shall be reported under separate columns on the DD Form 2924 and will be reported each month in the appropriate unit of issue, NSN, and nomenclature.

(iii) The monthly inventory variance percentage shall be calculated when the MITR is prepared. To calculate the inventory variance percentage, determine the difference between the ending book and ending physical inventory for the month and divide by the sum of the beginning physical inventory and receipts, transfers in, regrade increases and determinable gains. Multiply the result by 100 to determine the percentage. A variance percentage in excess of authorized percentages shall be _10___ % and will require investigation and a written explanation to accompany the associated MITR.

(g) All information reported on DD Form 2924 shall be considered proprietary data and shall not be released to any activity or organization outside DLA/DLA Energy.

(h) All records and documents identified above are DLA/DLA Energy-accountable records and must be retained in accordance with contract clause I119.03.

I-0004 I119.03 INVENTORY CONTROL RECORDS AND SYSTEMS OF RECORD AT CONTRACTOR ENERGY AEROSPACE SUPPORT POINTS (EASPs) (ENERGY AEROSPACE AUG 2022)

(a) INTRODUCTION. The Contractor shall prepare all documentation and systemically process related transactions in accordance with the information and instructions provided herein as well as the Energy Aerospace-Volume 7, Section 7 to DODM 4140.25, DoD Management of Bulk Petroleum Products, Natural Gas, and Coal, and DLA Energy-Aerospace interim guidance P-11. Both guidelines will be provided to the Energy Aerospace Support Point (EASP). In addition, as the Energy Aerospace Business Unit (DLA Energy-FEM) continues to implement DLA’s web-based Enterprise Business System (EBS), the Contractor shall conform its processes to that automated system as well. All documents are subject to change and the vendor is responsible for implementing the required changes within 30 days of publication or later if agreed upon by the Government. Unless the Government has specifically stated it will provide the hardware, the

Contractor shall provide requisite hardware (specifications will be provided by the Government) capable of processing all applicable inventory and accounting transactions on a daily basis (weekdays excluding weekend and holidays) through DLA Energy-provided applications or software. At a minimum, EBS applications shall require the Contractor to provide and have on-site high-speed internet access with a static Internet Protocol (IP) address, electronic mail (e-mail) with individual user accounts, the current (i.e. most up to date) version of Adobe Acrobat, and Microsoft Office. DLA Energy web-based applications will use the DoD Public Key Infrastructure (PKI) compliant web browser which will be provided by the contractor. These web-based applications require user identifications and passwords in accordance with DoD Automated Data Processing (ADP) Level III systems access. The Contractor shall be responsible for (in conjunction with DLA Energy/DLA) identifying employees who will be processing inventory/accounting transactions and for obtaining requisite systems access for those employees. It should be noted that DoD ADP Level III systems access requires a National Agency Check Investigation (NACI). Those contractors that have not had a NACI will be provided guidance and direction to the investigation, which DLA will initiate. The Contractor shall immediately notify DLA Energy when Contractor personnel with access privileges no longer work at the contract facility or no longer require access to the EBS systems or web-based systems. System access request will be provided by DLA Energy upon system implementation.

(b) AUTOMATED FUEL INVENTORY REPORTING REQUIREMENTS. This section applies only after the Fuels Manager Defense

(FMD) is fielded and transactions are automated. Prior to that implementation reporting should be accomplished using the process in the interim guidance P-11. Contractor shall prepare all documentation and systemically process each transaction affecting inventory of Government-owned products in its possession by virtue of this contract in accordance with the information and instructions provided herein and Department of Defense Manual DODM 4140.25, DLA Energy interim guidance P-11. Within one business day of each transaction/business event (next business day for transactions/events on weekends and holidays), the Contractor shall input transaction data into the automated inventory and accounting system(s) or applications designated by the Government. Initial training for inputting transactional data will be provided by the Government via on-site support or via electronic means (e.g., user manuals or on-line support/tutorials), after which the Contractor assumes all responsibility for timeliness and accuracy of transaction data input by its employees. The Contractor shall prepare and report each transaction in accordance with guidance provided during the training. The Government will advise the Contractor in writing of any changes in processing and reporting procedures. The Government reserves the right to telephone the Contractor on a daily basis (excluding weekends and holidays) to obtain information concerning processed transactions to monitor transactions using identified processing systems.

NOTE: DOCUMENTATION REQUIREMENTS. The following lists the documentation requirements for transactions: In accordance with the Aerospace Energy Chapter to DoD 4140.25-M and/or applicable interim guidance, the EASP Manager shall be assigned the responsibilities parallel to those of a Government Responsible Office for Defense Working Capital Fund (DWCF) owned Energy Aerospace products. The EASP Manager, on behalf of the Contractor, shall adhere to the requirements of DoD 4140.25-M, applicable interim guidance at all times.

NOTE: Refer to DLA Energy Aerospace interim guidance P-11 for a list of required forms.

(c) OTHER REQUIREMENTS.

(1) STORAGE TANK OUT OF SERVICE. Prior to removing a storage tank or any other storage container from service, the Contractor shall immediately notify the Energy Aerospace Accountable Officer (AO) by telephone, with follow-up confirmation in writing, providing the date and time the tank is scheduled to be removed from service. In addition, the Contractor shall provide the Energy Aerospace AO with a written estimate of unrecoverable product. The estimate will be reviewed and approved by the AO prior to taking any tank or storage container that stores DLA-owned products out of service.

(2) UNRECOVERABLE PRODUCT. Prior to the end of the contract period, the Contractor shall provide the AO a written estimate of unrecoverable product remaining in any storage container. The estimate will be reviewed and approved by the AO prior to the expiration of the contract period.

(3) STATEMENT OF AUTHORIZED SIGNATURES. The Contractor shall furnish the AO a statement containing the names and handwritten signatures of persons authorized by the Contractor to receive and accept Government-owned product or property. In addition, the Contractor is required to provide the DLA Energy Aerospace AO with written notification when previously authorized persons depart (leave, quit, transfer, etc.,) and new personnel are appointed to these positions.

(4) CHANGE IN EASP OPERATOR. Transfer of residual inventory from expired contracts will be made regardless of whether there is a change in contractors. The transfer of EASP product will be accomplished as follows:

(i) The outgoing Contractor, the new Contractor, and a designated Government representative will jointly inventory all on-hand inventories for each product and document these inventories on DD Forms 2917 and 2924. Each DD Form 2917 will be signed by the incoming and outgoing EASP Managers and Accountable Officials.

(ii) Upon completion of the inventory transfer, a summary DD Form 1348-8, reflecting both outgoing and incoming Contractor signatures verifying accuracy of the inventory summary, supported by the applicable DD Forms 2917 and 2924, will be completed for each product.

(iii) The following certification will be typed in the Memo block of each DD Form 1348-8, EASP Inventory Accounting Document and End of Month Report, and signed by the appropriate individuals:

"The inventory recorded on this DD Form 1348-8 has been transferred from contract

(old number) to contract (new number) on (date) .

Signature (Outgoing Contractor) / (New Contractor)

Typed/Printed Name and Titles (Outgoing Contractor) / (New Contractor)

(iv) The Contractor shall provide this information to the AO by telephone and by emailing one copy of each DD Form 2917, 2924, and 1348-8.

(v) The AO will email copies of the inventory documents covering the transfer month to the outgoing Contractor. The outgoing Contractor shall apply appropriate certification to the inventory documents and retain one copy, provide one copy to the new Contractor, and return the third copy to the AO.

(5) RETENTION OF ACCOUNTABLE RECORDS AND DOCUMENTS. To satisfy auditability requirements, EASPs shall retain a minimum of three years (current fiscal year plus two additional years) of Inventory Documentation/Data on location.

Source documents and data requiring retention beyond the three-year point shall be retired to a records retention center. EASPs shall contact the Resolution Specialist or AO via e-mail for disposition instructions at the provided emails. All records are DLA Energy-accountable records and must be retained as follows:

RECORDS RETENTION PERIOD

Appointment letters, e.g., RO/TM/PA appointments, etc. Three years

Receipts from a DLA Energy Procurement Contract File by date of acceptance, by calendar year, maintain 6 years 3 months after cutoff, or IAW contract requirements if it exceeds NARA and/or Audit Readiness requirements.

Sales/Issues and Returns (with credit) 10 years (2 years maintained in active local file and 1 year in an inactive locally stored file), or IAW contract requirements if it exceeds NARA and/or Audit

Report(s) of Survey (ROS) and all supporting Six years, three months after documentation completion of ROS

Returns without credit 10 years (2 years maintained in active local file and 1 year in an inactive locally stored file), or IAW contract requirements if it exceeds NARA and/or Audit

Shipments between DFSPs 10 years or IAW contract requirements if it exceeds NARA and/or Audit Readiness requirements

Physical inventory data/documentation 3 years (2 years maintained in local file and 1 year in an inactive file), or IAW contract requirements if it exceeds NARA and/or Audit Readiness requirements

All inventory adjustment documentation 3 years (2 years maintained in local file and 1 year in

Product condition or identity changes, lab analysis 3 years (2 years maintained in local file and 1 year in

Contract modifications or change orders Retained locally, three years after expiration of the contract

If a criminal or accountability investigation is initiated due to loss, damage or theft of fuel, the records shall be retained until that investigation and any subsequent criminal or civil prosecution are completed.

I0005 I180.02 ENVIRONMENTAL PROTECTION (STORAGE) (DLA ENERGY JAN 2012)

The Contractor agrees to conform to all laws and regulations relating to the protection of the environment in effect on the date the contract is awarded, which are applicable to its operation in the performance of this contract. The Contractor further agrees to conform to any laws or regulations enacted after contract award that are applicable to its operation in the performance of this contract. In the event that conformance with any such new laws or regulations causes an increase or decrease in the operating cost, the Contractor and the Government will negotiate an equitable adjustment in the contract price. Failure to agree on an equitable adjustment in the contract price shall be a dispute concerning a question of fact within the meaning of the DISPUTES clause of this contract; however, nothing in this provision shall excuse the Contractor from implementing any such laws or regulations. The Contractor shall proceed with performance of this contract, unless so advised in writing by the Contracting Officer.

I0006 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006)

(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.

I0007 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 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 – SOLICITATION PROVISIONS

L0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

(a) Acceptance period, as used in this provision, 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 provision 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.

L0002 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: as listed in SAM.GOV

(2) The DLA Energy accepts attachments in—

(i) Adobe Acrobat;

(ii) Microsoft Excel;

(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.

L0003 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:

CLIN 0001 Liquid Carbon Dioxide, CO2 (NSN 6830-01-650-4710) shall meet the requirements of Grade H, IAW Compressed Gas Association (CGA), Specification CGA-G-6.2.

[ ] (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 .

[ ] (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

[ ] (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 .

[ ] (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:

[ ] (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:

[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: CLIN

[ X ] (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_0004.

[ X ] (ix) Additional CLIN(s) not described above to be priced by the offeror.

[ ] (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 [Buyer fill in the CLIN(s)]

[ ] (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 .

[ ] (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 provisions, 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 provision 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.

[ 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.

[ ] (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.

[ ] (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 provision.)

[ ] (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 shall 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;

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

• Product(s) to be supplied shall fully meet the requirements of the applicable specification(s) as stated in the Statement of Objectives (SOO), unless otherwise modified elsewhere in this solicitation and/or the resultant contract.

• The offeror shall…