SOW DRAFT.docx

1. INTERPRETATION OF CONTRACT REQUIREMENT

No interpretation of any provision of this Blanket Purchase Agreement, including applicable specifications, shall be binding on the government unless furnished or agreed to in writing by the Contracting Officer or his/her designated representative.

2. CHANGES, MODIFICATIONS OR DEVIATIONS

The contractor shall make no changes, modifications or deviations in contract requirements without written approval by the Contracting Officer

3. NONREPAIRABLE GOVERNMENT PROPERTY

Prior to disposing of non-repairable government owned cylinders, parts, fittings and appurtenances, the contractor shall contact the ordering (owning) activity. Contractor shall make disposition in accordance with agency instructions. Any cost incurred by the contractor, in processing non-repairable government owned cylinders, except for handling charges normally incurred by the contractor, shall be absorbed by the agency as follows:

(a). Contractors will be paid for all services performed, at the prices listed in the “Price of Services for Government-Owned Cylinders” paragraph, up to determination that a cylinder is non-repairable.

(b) . Contractor will be paid for disposal or return of non-repairable/unserviceable cylinders.

1. Up to 25% of cylinders on a single order that are non-repairable.

2. 26% to 50% of cylinders on a single order that are non-repairable.

3. 51% or more cylinders on a single order that are non-repairable

4. LAWS AND REGULATIONS

Cylinders and other containers for gaseous and liquid forms of gases shall comply with the Department of Transportation (DOT) specifications and shall be maintained, filled, marked, labeled and shipped to comply with current DOT regulations (Title 49 – Transportation Code of Federal Regulations [CFR]).

5. MARKING

(a). In addition to the marking required by the aforementioned laws and regulations and the provisions of the clause entitled “Marking” in GSA Form 3507, Supply Contract Clauses, marking shall comply with the second edition of the Compressed Gas Association (CGA) Pamphlet C-4, “Method of Marking Portable Compressed Gas Containers to identify the Material Contained.”

(b). All unauthorized or inapplicable markings, tags and labels shall be removed. A tag complying with MIL-STD- 129L dated October 15, 1990, or Federal Standard 123F dated May 15, 1991, shall be attached to each cylinder so as to be protected by the valve protection cap. The contract data markings required by the applicable standard shall be applied to one side of the tag and the identification markings on the reverse side. Cosigned markings may be omitted when shipment is by contractor’s truck. When shipment is by commercial carrier, shipping tags complying with the applicable standard shall be attached to valve protector caps.

6. VALVES

Valves shall comply with American National Standard B57, 1-1965, “Compressed Gas Cylinder Valve Outlet and inlet Connectors.” In addition, valves replaced in cylinders owned by Department of Defense (DOD) activities shall comply with Military Specification (MIL-SPEC) MIL-V-2D dated September 9, 1970, and Amendment 3 dated February 18,1981, titled “Valve, cylinder, Gas (for Compressed and Liquefied Gases), general Specification for,” and the current applicable detail specification under MIL-V-2D and Amendment 3. Valve protection caps for cylinders designed to receive such caps shall be securely attached to the cylinder in a manner to protect the valves from injury during transit and delivery to the purchaser’s receiving area. (Refer to 49 CFR 173.301 (g)).

7. CYLINDER SIZE

Cylinder sizes shown on the price list indicate product capacity of the cylinder. All capacities are approximate, and the government shall be billed only for the actual amount of gas delivered.

8. COLOR CODING

(a). Government-Owned Cylinders. Cylinders owned by the Department of Defense (DOD) activities shall be color-coded in accordance with military Standard MIL-STD-101B, dated December 3, 1970, titled “Color code for pipelines and for Compressed Gas cylinders. Color – coding of cylinders owned by other than government activities shall be specified by the ordering activity.

(b). Contractor-Owned Cylinders. Unless otherwise specified by the ordering activity, colors normally used by the contractor will be acceptable on contractor-owned cylinders. Any other color-coding specified by the ordering activity that necessitates painting of contractor-owned cylinders will be paid for by the ordering activity at the contract price for painting of government-owned cylinders.

9. INDIVIDUAL AGENCY OWNERSHIP OF CYLINDERS

Government-owned cylinders shall remain the property of the individual ordering (owning) agency and shall not be exchanged for other cylinders, either government owned or contractor owned, without authorization of the ordering agency.

10. PRICES OF SERVICES FOR GOVERNMENT-OWNED CYLINDERS

(a). Services included in the price of gas. The bidder’s price for gas shall include the furnishing at no additional cost, of all services that are required at each and every filling of a cylinder to comply with applicable regulations, specification and normal good practices. Such services shall include, but not be limited to, inspection, testing, evacuation and cleaning services required at each filling; pin-indexing, when required; attaching government-furnished warning tags, when required. Contractor at no additional cost shall, also perform attaching of oxygen cylinders to manifold systems, when required.

(b) Services not included in the price of gas. When required, the contactor shall perform additional services as described below at the prices listed. The contractor shall furnish all materials and components.

SERVICE NUMBER DESCRIRPTION (PARTS REPLACEMENT) PRICE PER CYLINDER

1a Value (when old value is returned to agency) 1b Value (when contactor does not return old valve to agency) 2 Dip (siphon) tube, including retreating 3 Collar 4 Valve hood 5 Safety device cap 6 Outlet cap or plug, plastic (not permitted for oxygen service) 7 Outlet cap or plug with retaining chain and clip 8 Frangible disc 9 Fusible plug-in valve 10 Fusible plug-in cylinder 11 Valve stem 12 Valve packing

CYLINDER SERVICES:

Stripping and painting: This item includes all lettering, stenciling affixing of decals, metal lettering and/or number stamping when required by applicable regulation. Cylinders shall be primed prior to painting with primer meeting the salt spray resistance requirement of SSPC-PAINT 22 dated November 1, 1982 (copies available from Steel Structures Painting Council, 4400 Fifth Ave, Pittsburgh, PA 15213). The paint shall meet the requirements of Federal Specification TT-E-489 or, where not permitted or normally used because of local environmental laws or concerns, shall be the best quality paint used in normal commercial practice under the local laws and regulations.

Grit Blast or Caustic Strip, Prime and Paint

SERVICE NUMBER DESCRIPTION (PARTS INCLUDING REPLACEMENT) PRICE PER CYLINDER

13 One color 14 Each additional color

Wire Brush, Prime and Paint

SERVICE NUMBER DESCRIPTION (PARTS REPLACEMENT) PRICE PER CYLINDER

15 One Color 16 Each additional color 17 Stenciling, miscellaneous (applicable to stenciling required on cylinders that do not require stripping or painting) 18 *Hydrostatic test cylinders according to DOT regulations including removing the valve, testing, indenting new test date, drying interior and resetting valve 19 Modified hydrostatic test, where permitted by DOT regulations 20 Visual inspection in lieu of hydrostatic test, where permitted by DOT regulations 21 Dehydrating cylinders (except in conjunction with hydrostatic testing) 22 Internally clean cylinders prior to hydrostatic tests, to include purge, clean and drying (price included in hydrostatic test) 23 Internally clean contaminated cylinders as required by applicable specifications. To include pressure test evacuation, purge as many times as required, pressure analyze to assure contamination is removed 24 Removal of fractured, rusted, or damaged cylinder caps, valves or plugs 25 Stamping nomenclature of gas on valve

(INCLUDED)

*Contractor will be required to perform hydrostatic test when requested by the using agency on or before the required test date.

11. METHOD OF SHIPMENT

Government-owned cylinders shall be transported in a vertical position, secured in a manner that will prevent movement, which might damage the cylinder or its paintings or marking.

12. HYDROSTATIC TESTING

(1). Retest date. If applicable DOT regulations would require re-testing of cylinder within three (3) months after scheduled date of shipment to Continental United States destination, or within six (6) months after scheduled date of shipment to overseas destination cylinder shall be retested.

(2). Method. Government-owned Cylinders, which are eligible for extended hydrostatic retest period, testing by modified hydrostatic method, or visual inspection in lieu of hydrostatic testing, shall be serviced by the most economical means, which will comply with Department of Transportation regulations (49 CFR 173.34) unless otherwise specified by the ordering activity. When modified or reduced DOT test requirements are contingent upon past usage of the cylinders, a written statement from the ordering activity indicating that the cylinders have been used exclusively for a specific gas may be considered acceptable evidence of the cylinder’s eligibility for modified testing and inspection. Hydrostatic testing shall be performed in accordance with method 1,2 or 3 described in “Methods of Hydrostatic Testing of Compressed Gas Cylinders”, Pamphlet C-1-1970, Compressed Gas Association, Inc. Testing by the modified hydrostatic method, where permitted by DOT regulations, shall be performed in accordance with “Standard of Visual Inspection of Compressed Gas Cylinders”, Pamphlet C-6-1972, Compressed Gas Association Inc. All cylinders authorized for ten (10) percent overfill by DOT regulations shall be tested for overfill.

(3). Inspection and Maintenance of compressed Gas Cylinders: In addition to DOT requirements, Government owned cylinders shall be inspected, maintained, and charged in accordance with MIL-STD-1411 dated August 6, 1976 and Change Notices 1 dated September 8,1981, Military Standard, Inspection and Maintenance of Compressed Gas Cylinders.

13. RESPONSIBILITY OF CONTRACTOR

(a). Responsibility for Government Property. The contractor assumes full responsibility for and shall indemnify the government for any loss or damage of whatsoever kind and nature to any and all government property. This includes any equipment, supplies, accessories or parts furnished while in the contractor’s custody and care for storage, repairs or services to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the contractor, any subcontractor or any employee, agent or representative of the contractor or subcontractor.

(b). Hold Harmless and Indemnification Agreement. The contractor shall save and hold harmless and indemnify the government against any and all liability, claims and costs of whatsoever kind and nature for injury to or death of any person or persons, and or damage to any properly occurring in connection with or in any way incident to or arising out of occupancy, use, service, operations or performance or work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the contractor, any subcontractor or any employee, agent or representative of the contractor or subcontractor.

(c). Damage to Government Property from Causes Other than Contractor’s Negligence. Nothing in the proceeding paragraphs shall be considered to preclude the government from receiving the benefits of any insurance the contractor may carry that provides for indemnification for any loss or destruction or damage to property in the custody and care of the contractor where such loss, destruction, or damage is to government property. The contractor shall do nothing to prejudice the government’s right to recover against third parties for any loss or destruction of or damage to government property. Upon the request of the contracting officer the contractor shall, at the government’s expense, furnish to the government all reasonable assistance and cooperation in obtaining recovery (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the government).

14. MATERIAL SAFETY DATA SHEETS (MSDS)

The contractor must prepare an MSDS for each hazardous item as prescribed in Federal Standard No. 313C dated March 1, 1988 and ensure that the contract number, part number/trade name, National Stock Number (NSN) or Local Stock Number (LSN), Temporary Stock Number (TSN), Activity Control Number (CAN) and complete specification reference including type, grade and class are included on the MSDS. The contractor must include a copy of the MSDS with the packing list or other suitable shipping document that accompanies each shipment.

15. RENTAL ON CONTRACTOR-OWNED CYLINDERS

(1). Cylinders picked up by contractor-owned truck: Ordering activities shall notify the Contractor of the number and type of empty cylinders ready for return. The contractor has 10 business days to fulfill the order placed by the requestor. If the Contractor is verbally notified of empty cylinders, ordering activities will make a record, of the date, time and Contractor’s representative contacted.

(2). Loss of Contractor-Owned cylinders: In the event that a cylinder becomes lost, or damaged, due to the fault or negligence of the Government, the issuing activity will arrange an equitable adjustment with the Contractor.