SOW_for_RFQ.pdf

Request for Quotation Number SB1341-15-RQ-0469

Statement of Work

BACKGROUND

Liquid helium (LHe) is used for cryogenic applications in over 35 programs across the

National Institute of Standards and Technology (NIST) (including standards development and dissemination, initiatives, Innovations in Measurement Science (IMS) projects, and other agency projects). LHe has several unique properties, including an extremely low boiling point and its non-reactivity, so it cannot be replaced by other gases easily.

NIST Gaithersburg purchases and consumes significant quantities of LHe each year

(approximately 105,000 and up to 130,000 liters per year).

Helium is a non-renewable resource that is only found naturally in some natural gas deposits. Therefore, the LHe supply is limited, both in quantity and location. LHe is volatile and must be used within a narrow window of time from delivery, typically within one to two weeks before significant loss of product.

PURPOSE

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to supply LHe in 30, 60, 100, and 250 liter Contractor-owned dewars, on an as-needed basis, for a one-year base period, and four (4) one-year option periods.

Liquid helium shall be provided to NIST, 100 Bureau Drive, Gaithersburg, MD.

FEDERAL ACQUISITION REGULATION REQUIREMENT

In accordance with FAR 52.208-8 Required Sources for Helium and Helium Usage Data:

Contractors must purchase major helium requirements from Federal Helium Suppliers (FHS), to the extent that supplies are available. “Federal helium supplier” means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land

Management (BLM) and that is on the BLM Amarillo Field Office’s Authorized List of

Federal Helium Suppliers available via the Internet at http://blm.gov/8pjd.

MEMORANDUM OF UNDERSTANDING - ALLOCATION

In September 2014, NIST executed a memorandum of understanding (MOU) with the Bureau of

Land Management (BLM). Under this MOU, the BLM agreed to allocate (not transfer or sell) in-kind helium to the federal helium supplier that is awarded any competitive contract awarded by NIST, in the month the helium is required to be delivered. The intent of the

MOU is to encourage FHSs to respond to solicitations for helium solicited by NIST.

Historically, FHSs haven’t responded to solicitations for helium contracts because they were already allocating their other customers and do not receive their allocation of in-kind helium from the BLM until about six months after delivery.

This requirement and FAR 52.208-8 shall flow-down to all subcontractors under the contract.

GENERAL REQUIREMENTS

Dewar size indicates product capacity of the dewar. The total quantity of LHe required is estimated at an average of 105,000 liters per year for each of the five years of the contract (if all options are exercised). The Contractor shall be paid for the quantity of LHe actually ordered and delivered. Demurrage charges shall be paid in accordance with the timelines and rates negotiated.

As a guide, the following numbers of dewars were ordered per week during the representative years of FY 2011, FY 2013, and FY 2014. The total volume of LHe was approximately 107,000 liters in 2011, approximately 96,000 liters in 2013, and approximately 66,000 liters in 2014.

Dewar

Size

(L)

Total Ordered (#)

FY 2011 FY 2013 FY 2014

http://blm.gov/8pjd

250 71 112 45

100 771 599 533

60 172 90 56

30 33 6 8

Totals 1047 807 642

(L)

Avg. Weekly Order (#)

FY 2011 FY 2013 FY 2014

250 1 2 1

100 15 12 10

60 3 2 1

30 1 0 0

Totals 20 16 12

(L)

Peak Weekly Order for Dewar Size

Represents a 1 week period

FY 2011 FY 2013 FY 2014

250 3 8 2

100 33 20 18

60 7 7 5

30 5 1 3

The Contractor shall provide all services that are required to comply with applicable regulations, specifications, and normal good practices and standards of the Compressed

Gas Association.

NIST consists of multiple buildings and laboratories spread across an extensive campus.

LHe orders shall be placed by NIST authorized personnel and will serve the entire NIST complex. Personnel placing orders will not be the end-user ultimately utilizing the LHe.

Many of the end-users for the LHe are researchers that do not have specific knowledge of the general ordering and receiving process. The end-user is the scientist or technical representative at NIST for whom the specific delivery is intended. Authorized personnel placing orders are employees of NIST’s Administrative Services Division.

LHe orders shall be delivered to NIST’s central shipping and receiving facility. Empty dewars shall be picked up at the same facility. NIST personnel shall be responsible for distributing the LHe throughout the campus and returning empty dewars to the central shipping and receiving location. The Contractor shall deliver to and pick-up from the central shipping and receiving facility located at Building 301, 100 Bureau Drive, Gaithersburg, MD.

Material shall be packed for shipment in such a manner that will ensure safe delivery at destination. All vessels must be able to be safely used in the condition that they are delivered. Containers and closures shall comply with ICC regulations, Uniform Freight

Classification rules, or regulations of other carriers, as applicable to the mode of transportation.

The Contractor must provide any equipment they deem necessary to move the dewars at delivery or pick-up. The Government cannot provide equipment or tools.

SPECIFIC REQUIREMENTS

1. LIQUID HELIUM PURITY

Purity of the LHe shall be a minimum of 99.998%;

2. DEWAR USAGE CHARGES

The Contractor shall deliver the actual number of dewars ordered in the 30 L, 60 L, 100 L, and 250 L. The Government shall pay the Contractor a flat monthly fee for unlimited use of dewars.

To the maximum extent practicable, the Government will return the dewars to the

Contractor within 30 days from the date of delivery.

3. DEWAR REQUIREMENTS

3.1 Dewars shall have no icing or frost caused by dewar malfunction on them at delivery;

3.2 All valves shall open and close easily and seal completely;

3.3 Over-pressure valves and road relief valves shall be fitted and operate at the manufacturer-recommended nominal pressures;

3.4 Dewars shall have a working pressure gauge;

3.5 Dewars shall be delivered with an over-pressure valve in the open position, in order to avoid an unsafe buildup of large pressure;

3.6 Dewars shall have mechanical movement (wheels and travel) that is smooth and uninterrupted;

3.7 Dewars shall include all seals & fittings. All seals in the dewar and fittings shall be in good condition and create a complete seal, i.e. no cracks in the seals;

3.8 All dewars shall be provided with nominal liquid level to volume calibration charts. These charts must be legible. This chart is for the convenience of the end-user and is not used for weight determination of delivered product;

3.9 Dewars shall be provided with eye hooks along the supports for the top o-ring (halo ring). Dewars shall provide 2 or 3 eye hooks, whichever is applicable to the dewar’s manufacture. Welds shall be solid or bolts shall be tight, whichever is relevant to the particular dewar. The Contractor shall not be held liable for any damage resulting from use of these eye hooks for lifting the dewar. The liability for lifting dewars by these eye hooks shall rest with NIST;

3.10 All dewars shall have a maximum helium loss rate per day of the following:

30 L dewar – less than 5 percent per day;

60 L dewar - less than 3 percent per day;

100 L dewar – less than 2 percent per day; and

250 L dewar – less than 2 percent per day.

3.11 Dewars shall be delivered with a minimum volume in accordance with the following:

A 30 L dewar shall have no less than 28 L;

A 60 L dewar shall have no less than 57 L;

A 100 L dewar shall have no less than 95 L; and

A 250 L dewar shall have no less than 237 L.

Due to expected boil-off of a full dewar through weekends, orders that are delivered on Monday may have lower volumes. Dewars that are planned to be delivered on Mondays shall be delivered with a minimum volume in accordance with the following:

A 30 L dewar shall have no less than 26 L;

A 60 L dewar shall have no less than 54 L;

A 100 L dewar shall have no less than 90 L; and

A 250 L dewar shall have no less than 224 L.

3.12 All 100 liter dewars shall be supplied with a 2.5 inch Ladish flange, or equivalent. This flange is called a 2.5 inch flange though its outside diameter is

3.068 inches. The flange must work when the NIST scientists clamp their equipment onto the dewar flange using the dewar’s clamp. The flange on the NIST equipment is a 2.5 inch Ladish flange. When connected, the seal is helium leak-tight and capable of holding an internal pressure of 5 psi;

3.13 All 250 L dewars shall be supplied with a heater unit for building internal pressure;

3.14 All dewars shall be supplied with permanently attached wheels;

3.15 The Contractor shall deliver each dewar with a status ticket attached. The ticket must be cardboard, have perforated tabs, and be preprinted Full/In Use/Empty. This ticket shall be utilized internally by the NIST end-user, in the lab environment, to indicate the usage status of the dewar;

3.16 Dewars shall be of non-magnetic construction;

3.17 Tare weights shall be indicated on dewars;

3.18 Dewars which are returned due to defects must have the noted defect repaired before return to service at NIST;

3.19 If contamination is discovered in the bottom of the dewar, the Government shall notify the Contractor in accordance with Section 5 of the statement of work. NIST anticipates the Contractor will clean the dewar to alleviate this problem within a period not-to-exceed 30 days;

3.20 The Contractor shall replace any dewar not meeting the requirements herein at no additional charge to the Government. This includes charges for LHe, and delivery.

The replacement shall be provided on the next day, or on an alternate date as approved by NIST authorized personnel. Delivery other than the next day must be approved, in advance, by NIST authorized personnel. Communication with respect to an alternate delivery day will be made by NIST authorized personnel. The Contractor shall not contact the end-user directly.

3.21 If the dewar or its contents present a safety hazard to NIST personnel or property, the Contractor, upon notification by NIST, shall take action to remove or mitigate the hazard in a timeframe appropriate to the hazard identified.

3.22 The Contractor shall provide Teflon o-ring fittings for common sizes on all dewars.

The Contractor shall utilize ½” Teflon o-rings on all dewars and ½” and 5/8” Teflon o-rings for 250 liter dewars. These Teflon o-rings must be changed at every fill.

Other o-ring fittings are not required to be Teflon, nor are they required to be changed at every fill

4. SPECIALTY DEWARS

The Contractor must have the capability to supply specialty dewars. These dewars are only needed on occasion. Specialty dewars must be tagged with the end-user’s name prior to delivery. The end-user’s name shall be provided to the Contractor when the order is placed. To the maximum extent practicable, NIST shall provide the Contractor a one (1) week advance notice when ordering these dewars, however, no additional charge shall apply if a one week notice cannot provided;

4.1 Wide mouth, 100 liter dewars. These dewars must have a minimum opening of 2 inches to allow the use of cryogenic inserts. Historical usage of these dewars is 12 per year;

4.2 Purged 100 liter dewars. These dewars must be thoroughly purged with clean helium gas to remove all contaminants (i.e. water and air) that may have accumulated inside the dewar prior to filling with LHe. Historical usage of these dewars is 36 per year.

5. NON-CONFORMANCE WITH SPECIFICATIONS & IDENTIFICATION OF DEWAR MALFUNCTION

The Contractor shall utilize the NIST-supplied defective dewar tagging system by which end-users can:

(1) Identify dewar malfunctions and any dewar issues that do not conform to the requirements of Section 3;

(2) Report the dewar malfunctions and issues to the Contractor; and

(3) Return the dewar to the Contractor.

Reference Attachment 1 for a copy of the dewar tag.

Use of this tag shall initiate the return process. The defective dewar tag is adhesive-backed and will be filled out and affixed by the NIST end user to the top surface of the dewar. The end user does not have any further obligation in the return or return authorization process. NIST does not have any further obligation in the return or return authorization process.

The Contractor shall be 100% responsible for the return authorization and the return. Follow-up information regarding returned dewars shall be provided by the

Contractor to the Contracting Officer’s Representative (COR) and the Contract

Specialist, not the end user reporting the problem. The Government will establish an internal line of communication between the end user and the COR.

Non-conformance with specification or dewar malfunction does not necessarily imply that the dewar could not be used or that it must be replaced immediately as a defective dewar. The dewar in question must have the noted condition rectified before it is returned to NIST.

NIST Authorized Storeroom Personnel will contact the Contractor if a defective dewar requires replacement or presents a safety hazard.

NIST Authorized Storeroom Personnel may contact the Contractor to provide a heads up notification regarding dewars being returned and any defects documented on dewar tags. This notification is a courtesy and is not guaranteed. It will remain the responsibility of the Contractor to identify the dewar tags, document defects identified on the tags, and remedy all issues prior to that dewar being returned for use by NIST.

Dewar problems will be documented by NIST Authorized Personnel, and communicated to the COR and the Contract Specialist.

6. RECORDS OF DEWAR SERVICE

Records of dewar servicing shall be maintained and shall be made available to the

COR, the NIST Contracting Officer or other contracting personnel upon request.

Service records may be requested in the event a single dewar has repeated malfunctions.

7. REGULAR DELIVERY SCHEDULE

NIST will order LHe two times per week, with delivery occurring two times per week. The schedule shall be Monday and Wednesday orders placed for Tuesday and

Thursday deliveries, respectively. Orders will be placed by phone or e-mail, by authorized NIST Storeroom or Acquisition Management personnel, not later than 1:30

PM Eastern Time.

Deliveries must be completed not earlier than 7:00 AM and not later than 3:30 PM

Eastern Time. NIST prefers that deliveries be completed between 10:00 AM and 1:30

PM Eastern Time unless the Contractor is otherwise advised by the COR or Authorized

Storeroom Personnel.

Authorized NIST Storeroom personnel are:

TO BE IDENTIFIED AT TIME OF AWARD

Any warranted Contracting Officer in the Acquisition Management Division

Delivery terms shall be FOB DESTINATION for all deliveries.

In the event that NIST is scheduled for closure for any reason on order or delivery days, the following schedule shall apply. Scheduled closures include Federal holidays.

If the closed date falls on an order date, then the order will be placed on the first business day prior to the normal order date.

If the closed date falls on a delivery date, then the delivery will be scheduled for the first business day following the normal delivery date.

In the event that NIST is closed due to national emergency, inclement weather or for any other unscheduled closure on order or delivery days, ordering or delivery shall occur on the following business day. The Contractor must call the NIST status line at 301-975-8000 to determine whether NIST is open for deliveries. This status line can be expected to be updated starting at 6 AM on any given regular business day. The Contractor shall contact the following personnel in a shutdown situation if a given delivery must be made.

(PERSONNEL SHALL BE IDENTIFIED AT THE TIME OF AWARD)

To the maximum extent practicable, pick-up of empty dewars shall be coordinated with deliveries, however, the Contractor may pick-up at an alternate date. The

Contractor’s delayed pick-up shall not be a basis for demurrage charges being incurred by the Government.

8. EMERGENCY & UNPLANNED DELIVERIES

8.1 The Contractor must have the capability to provide unplanned and emergency deliveries of LHe on days and times other than under the regular delivery schedule discussed in Section 7.

An unplanned delivery results when:

-An order is placed on a Tuesday, Thursday, or Friday for next day delivery;

AND/OR

-An order is placed on a Monday or Wednesday, after 1:30 PM and requires next day delivery.

An emergency delivery results when an order is placed after 3:00 PM on any day of the week.

8.2 Orders for unplanned or emergency deliveries may be placed by NIST authorized callers during normal business hours. Unplanned deliveries will occur during normal business hours.

Emergency deliveries are required within 24 hours, including weekends and holidays, unless otherwise directed by the Government.

The procedures and delivery requirements for unplanned and emergency deliveries are the same as for regular deliveries except that the delivery is not for a regularly scheduled delivery day and access to the campus would have to be granted through the NIST Police if the delivery day falls on a weekend or holiday. NIST personnel will be responsible for arranging access to the NIST site for an emergency delivery.

8.3 If an additional fee applies for emergency and/or unplanned deliveries, the

Contractor’s fee schedule must be a flat fee per emergency and/or unplanned delivery. The fee shall be per delivery, not per dewar. These fees shall be structured and quoted for the base period and all option periods.

9. INSPECTION AND ACCEPTANCE

Weight measurement shall be performed at NIST, by Contractor personnel, at the NIST dock. NIST Storeroom personnel shall witness the weight measurement and document the total weight and tare weight. The liquid helium product weight

(total – tare) shall be the LHe volume that will be paid by NIST. The product weight will be provided to the Contractor’s personnel for use by the Contractor when invoicing. NIST will not accept a weight determination from the Contractor’s site.

10. CONFIRMATION OF SERVICE DURING PRODUCT SHORTAGE PERIOD

The Contractor must maintain procedures to continue service to NIST in the event of a product shortage. All shortages and any potential impact to price must be communicated to the Contract Specialist and the COR, via e-mail or other written form, not later than 24 hours after the shortage is identified.

Daily updates shall be provided to the Contract Specialist and COR via e-mail or telephone.

In accordance with Bureau of Land Management in Kind Crude Helium Sales Contracts, the Contractor is required to provide priority service to the Government at all times over non-Government requirements. Such priority requirements of the

Government or occasions of force majeure may cause delay or deferral of shipment of any refined helium deliveries by the Supplier for non-Government requirements.

11. SECURITY REQUIREMENTS

The Contractor shall maintain a current list of drivers with the NIST Police.

During regular business hours, delivery drivers must produce current, valid photo identification. The driver’s list must be provided and updated through the COR.

In the event of weekend or holiday deliveries, drivers must be registered with the

NIST Police and escorted by NIST personnel.

12. PROOF OF DELIVERY

A delivery ticket shall be provided with every delivery. The delivery ticket shall include, at a minimum:

-Contract Number;

-Delivery ticket number;

-Number of dewars by size and serial number of each dewar;

-Date of delivery.

The Government will document the total weight on the delivery ticket after all weight determinations are complete.

13. INVOICING & PAYMENT

The Contractor shall submit an invoice on a monthly basis. In addition to the information required by NIST LOCAL CLAUSE 04 “Billing Instructions”, the invoice shall include:

-Total number of 30, 60, 100, and 250 liter dewars delivered;

NOTE: Copies of delivery tickets may be attached to the invoice;

-Total number of liters of LHe delivered based on Government furnished weights provided at the time of delivery;

-Delivery ticket numbers for all deliveries that are being invoiced;

-Monthly rental fee for dewars;

-Fees associated with unplanned deliveries, as appropriate.

-Dates of deliveries shall be provided.

Payment shall be made upon submission of a proper invoice in accordance with Net 30

Day payment terms.

14. KICK-OFF MEETING & SEMI-ANNUAL MEETINGS

Kick-Off Meeting

The Contractor shall attend a kick-off meeting, on-site at NIST Gaithersburg, not later than one week after award. The Contractor shall contact the Contracting

Officer’s Representative (COR) to schedule a date and time for the meeting.

Attendees shall include, at a minimum, the Contracting Officer’s Representative, the Contracting Officer or Contract Specialist, the Contractor’s Project Manager and other Contractor/subcontractor personnel deemed appropriate by the Contractor.

The meeting will review the contract requirements, summarize contract rules, review the background and objectives of the NIST CCSP program and discuss the tasks required by the statement of work.

Semi-Annual Meeting

The Contractor’s performance shall be monitored by the COR and the Contract

Specialist. Compliance and non-compliance with specifications shall be documented.

It is the Government’s intent to work with the Contractor to achieve 100% problem-free performance.

The COR and the Contract Specialist will meet with the Contractor on a semi-annual basis at a minimum to review documentation of dewar malfunctions and documented occurrences of dewars not meeting the specifications required in Section 3. This forum shall provide the Contractor an opportunity to discuss and/or dispute any documentation presented by the Government for that performance period. These meetings may be expanded to include the NIST user community to allow the Contractor an opportunity to discuss concerns and compliments directly with the users.

Meetings may be conducted more frequently if problems or issues are documented.

The Government will provide a final review of the Contractor’s performance, which shall be provided to the Contractor on an annual basis.

15. COMMUNICATION

In the event of any required change by the Contractor to any scheduled delivery and/or the number of dewars being delivered, Contractor Key Personnel must notify the Government immediately upon learning of the need for a change.

Telephone notification may be provided to the COR and/or to any or all of the authorized Storeroom personnel. The telephone notification must be followed–up with an email to, at a minimum, the COR, within 30 minutes of the telephone notification. If the Contractor’s Project Manager (PM) is not the originator of the email, the PM must provide their written email concurrence in response to the email sent by Contractor Key Personnel.

The telephone and email notifications must identify the impact to the delivery including the actual number and sizes of dewars being delivered, the estimated time of arrival and the basis for the delay.

Notification must take place as soon as possible, before 9:00 AM is preferred, and be updated every two hours (via email) with the estimated time of arrival. Updates must be sent to the COR. Authorized NIST personnel may also be updated.

Authorized Storeroom personnel will provide instructions to Contractor Key

Personnel with respect to required action to be taken. It will be the responsibility of the NIST COR to establish an internal line of communication among

Authorized NIST Storeroom Personnel. NIST will be responsible for the guidance provided by authorized storeroom personnel.

The Contractor must ensure that all key personnel are adequately informed and convey accurate and timely information. It will be the responsibility of the

Project Manager to establish an internal line of communication with key personnel.

The Contractor shall be responsible for the information provided by their key personnel.

16. CONTRACT CLOSURE

Not later than 30 days prior to the last month of the last option period, or as identified by the Contracting Officer or COR, the Contractor shall provide a list of dewars, including serial numbers and dewar sizes, that the Contractor has recorded as being on-site at NIST. Prior to the end date of the contract, the COR will work with the Contractor to ensure that all Contractor-owned dewars have been returned to the Contractor.

If, after all dewars are returned by NIST, discrepancies are noted, the Contractor must provide written documentation of all discrepancies including, at a minimum, dewar size, serial numbers, and the date the dewar was delivered to NIST.

The Contracting Officer, Contract Specialist and COR will work with the Contractor to resolve all discrepancies.