Attachment L - Addendum FAR 52.212-4.pdf
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- Solicitation number
- SPE60126R0302
- Issued by
-
Defense Logistics Agency Energy
About this file
This document is an addendum to FAR 52.212-4 that establishes contract terms and conditions for the supply of aviator's breathing oxygen and liquid nitrogen to U.S. Government locations.
The addendum specifies quantity determination procedures differentiated by geographic location. For CONUS deliveries, quantities are measured using contractor-furnished, truck/trailer-mounted calibrated flow meters at the receiving activity. For OCONUS deliveries, quantities may be determined using either calibrated flow meters or calibrated weight scales. The Government reserves the right to have a representative witness all quantity measurements. All measurement equipment must be calibrated according to local regulations or, if no local regulation exists, per manufacturer recommendations or every 12 months, whichever is more frequent. Net quantities must be reported in whole gallons on DD Form 250 or a commercial equivalent. The addendum provides specific conversion factors for both products: for aviator's breathing oxygen, standard cubic feet divide by 115.1, normal cubic meters divide by 3.025, liters (as liquid) divide by 3.785, pounds divide by 9.527, and kilograms divide by 4.321; for liquid nitrogen, standard cubic feet divide by 93.11, normal cubic meters divide by 2.447, liters (as liquid) divide by 3.785, pounds divide by 6.746, and kilograms divide by 3.060.
The addendum also establishes free time and detention rate procedures for transport equipment. The Government provides a minimum of two hours free time commencing when the contractor's transport truck or truck/trailer arrives at the delivery destination and ending when the carrier is released. Detention beyond free time for Government-caused delays is compensable to the contractor at rates comparable to regulated tariffs in the local receiving area, stated by quarter-hour increments. Delays must be documented on Form H-14, Transport Equipment Delay Certificate, signed by both the driver and unloading personnel, with copies sent to DLA Energy-QEMC at JBSA-Lackland, Texas. For contractor facility delays, detention charges must likewise be documented on the Transport Equipment Delay Certificate with signatures from both the carrier driver and contractor, including arrival/departure times and delay reasons, provided to the driver prior to departure.
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Text version
ADDENDUM TO FAR 52.212-4
ADDENDUM to FAR 52.212-4: Contract Terms and Conditions – Commercial Products and Commercial Services
DETERMINATION OF QUANTITY FOR AVIATOR’S BREATHING OXYGEN
AND LIQUID NITROGEN
(a) CONUS QUANTITY DETERMINATIONS. The quantity of supplies furnished to CONUS locations under this contract shall be determined at the receiving activity on the basis of a Contractor-furnished (truck/trailer mounted) calibrated flow meter.
(b) OCONUS QUANTITY DETERMINATIONS. The quantity of supplies furnished to OCONUS locations under this contract shall be determined at the receiving activity on the basis of a Contractor-furnished (truck/trailer mounted) calibrated flow meter or weight using calibrated weight scales.
(c) The Government retains the right to have a Government representative witness quantity measurements performed by the Contractor.
(d) MEASUREMENT STANDARDS. All flow meters and weight scales 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 or scale manufacturer or every 12 months, whichever is more frequent. The net quantity shipped shall be reported in whole gallons on the DD Form 250 or commercial equivalent, whichever is applicable.
(e) CONVERSION FACTORS. When meters or weight scales are used to measure in units other than gallons, a conversion to gallons will be calculated using the below conversion factors:
For Aviator’s Breathing Oxygen.
To convert from -- Divide by -- Standard cubic feet* 115.1
Normal cubic meters* 3.025 Liters (as liquid) 3.785 Pounds 9.527 Kilograms 4.321
(2) For Liquid Nitrogen.
To convert from -- Divide by -- Standard cubic feet* 93.11 Normal cubic meters* 2.447 Liters (as liquid) 3.785 Pounds 6.746 Kilograms 3.060
TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND
DETENTION RATES
(a) The Contractor shall be paid for detention beyond free time for delays caused by the Government. Free time will commence at the time the Contractor’s transport truck or truck and trailer arrives at the delivery destination (receiving tank identified in the contract) and will end when the carrier is released. For items involving multiple drops, time between drops will not be included in the free time. The attached Form H-14, Transport Equipment Delay Certificate, shall be completed to show the date and time the carrier arrived and departed and the reason(s) for the delays. This form must be signed by both the driver and unloading personnel. A signed copy of this form must be sent to--
ATTN: DLA ENERGY-QEMC
1525 WURTSMITH STREET
BLDG 5730
JBSA-LACKLAND, TX 78236
(b) A minimum of two hours’ time is required by the Government. If Contractor free time is beyond two hours, indicate here:
• The rate for detention shall be comparable to regulated tariffs governing the local area of the receiving activity. The rate for detention shall be stated by quarter hour.
(c) Detention Costs: Invoices for detention costs will be forwarded directly to the address stated above.
DELAY OF CARRIER EQUIPMENT (DETENTION)
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.
File details come from the government source that posted it. Updated .