SP0600-07-R-0320ANDAttachments1 2 3 4.pdf

1.REQUISITION NUMBER PAGE 1 OF SOLICITATION/CONTRACT/ORDER FOR COMMERICAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 SP0600-07-00022 36

2.CONTRACT NO. 3.AWARD/EFFECTIVE

DATE

4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

SP0600-07-R-0320 5 JUL 07

a.NAME b.T (No collect calls)

ELEPHONE NUMBER 8.OFFER DUE DATE/

LOCAL TIME

12:00 PM Local Time

7.FOR SOLICITATION

INFORMATION CALL:

Diane Cook, Contract Specialist 210-925-2101 3 AUG 07

9.ISSUED BY CODE SP0600 12.DISCOUNT TERMS 11.DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

DEFENSE ENERGY SUPPORT CENTER (DESC-MK)

2261 HUGHES AVE, STE 128

LACKLAND AFB TX 78236-9828 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS(15 CFR 700)

13b. RATING

14.METHOD OF SOLICITATION DIANE COOK (210) 925-2101,

Email: diane.cook@dla.mil

10.THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUS

8(A)

NAICS: 325120

SIZE STANDARD: 1,000 employees

RFQ IFB RFP

15.DELIVER TO CODE 16.ADMINISTERED BY CODE SP0600

SEE PART I, B1.09-2 SUPPLIES TO BE FURNISHED

(INDEFINITE QUANTITY) (AEROSPACE ENERGY)

(DESC APR 2006)

SEE BLOCK 9

18a.PAYMENT WILL BE MADE BY CODE SC0600 17a.CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

Defense Finance and Accounting Service Columbus Center ATTN: DFAS/BVDFB (Aerospace Energy) P. O. Box 182317 Columbus, OH 43218-2317

EFT:T

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADRESS IN OFFER

18b.SUMMIT INVOICES TO ADDRESS SHOWN IN BLCOK 18a UNLESS BLOCK

BELOW IS CHECKED. SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE PART I, B1.09-2 SUPPLIES TO BE FURNISHED

(INDEFINITE QUANTITY) (AEROSPACE

ENERGY)(DESC APR 2006)

(Use Reverse and/or Attach Additional Sheet as Necessary) 25.ACCOUNTING AND APPRORIATION DATA 26.TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA ARE ARE NOT ATTACHED.

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES 29.AWARD OF CONTRACT: REFERENCE

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL

ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

DATED YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDES ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ALL ITEMS

30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA(SIGNATURE OF CONTRACTING OFFICER)

30b.NAME AND TITLE OF SIGNER (Type or Print) 30c.DATE

SIGNED

31b.NAME OF CONTRACTING OFFICER (Type or print) 31c.DATE

SIGNED

SYLVIA T URIAS-VALLEJO

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48CFR) 53.212

SP0600-07-R-0320

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32c. DATE

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

33d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e.MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPPRESENTATIVE 32f.TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g.E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 37.CHECK NUMBER 35.AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36.PAYMENT

COMPLETE PARTIAL FINAL

38.S/R ACCOUNT NUMBER 39.S/R VOUCHER NUMBER 40. PAID BY

41a.I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b.SIGNAUTRE AND TITLE OF CERTIFYING OFFICER 41c.DATE

42b. RECEIVED AT (Location)

42c.DATE REC’D (YY/MM/DD) 42d.TOTAL CONTAINERS

STANDARD FORM 1449 (REV 4/2002) BACK

PART I – SF 1449 CONTINUED

IMPORTANT NOTICES TO OFFERORS:

1. The Government plans to award a 1-Year Firm Fixed-Price Requirements Type contract for Gaseous Xenon as specified in the schedule.

2. All offerors shall comply with the requirements listed in Clause L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY)(DESC NOV 2006) and all offers will be evaluated in accordance with Clause M2.14.100 EVALUATION – COMMERCIAL

ITEMS (AEROSPACE ENERGY) (DESC JUN 2007).

3. All offerors are required to complete Fill-In items in Clause C900 STATEMENT OF OBJECTIVES/WORK AND/OR SPECIFICATIONS (AEROSPACE ENERGY)(DESC APR 2006), Paragraph 4d(3)(a)(b)(c)(d) and Paragraph 5 c and d.

4. The government will consider alternative proposals for meeting each location's requested product requirements. Submitted alternative proposals will be provided to the customer for review and consideration.

5. It is estimated by the government that there will be one delivery order issued under the resultant contract(s) per location for the stated period of performance.

6. Central Contractor Registration (CCR) is required and is available at www.ccr.gov/index.cfm or (888) 352-9333 #3.

7. For questions regarding Small Business or Small Disadvantage Business affairs, offerors are directed to Ms. Lula Manley of DESC Small Business Office at 1-800-526-2601 or 703,767-9521.

8. The address for overnight delivery of proposals resulting from this solicitation is as follows:

Department of Defense Defense Energy Support Center Attn: Diane Cook, Contract Specialist, DESC-MK, Bldg 1621-K, 1014 Billy Mitchell Blvd.

San Antonio, Texas 78226

SOLICITATION FORMAT

CLAUSE NR CLAUSE TITLE PAGE NR

SCHEDULE OF SUPPLIES/SERVICES

B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) 5

(AEROSPACE ENERGY) (DESC APR 2006)

DESCRIPTION/SPECIFICATIONS

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) 8

C900 STATEMENT OF OBJECTIVES/WORK AND/OR SPECIFICATIONS 8

(AEROSPACE ENERGY) (DESC APR 2006)

PACKAGING AND HANDLING

D10 PACKAGING REQUIREMENTS 10

(AEROSPACE ENERGY) (DESC APR 2006)

D15 CONTRACTOR SEAL REQUIREMENT 10

(AEROSPACE ENERGY) (DESC OCT 2006)

D20 PALLET REQUIREMENTS FOR DOMESTIC SHIPMENTS 10

(AEROSPACE ENERGY) (DESC APR 2006)

INSPECTION AND ACCEPTANCE

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES 10

(AEROSPACE ENERGY) (DESC APR 2006)

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004) 11

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992) 11

E33.07 MANUFACTURING AND FILLING POINTS (DESC MAR 2006) 12

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 12

http://www.ccr.gov/index.cfm

DELIVERIES AND PERFORMANCE

F1.36 DETERMINATION OF QUANTITY 13

(PROPELLANTS, CRYOGENICS AND GASES)

(AEROSPACE ENERGY) (DESC APR 2006)

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS 14

F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME 14

AND DETENTION RATES (F.O.B. DESTINATION)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY 15

(DESC APR 1968)

CONTRACT ADMINISTRATION DATA

G3.01 PAYMENT DUE DATE (DESC OCT 1988) 15

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) 15

(DESC MAY 2006)

PART II – CONTRACT CLAUSES

I1.03-1 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS IBR

(FAR 52.214-4) (FEB 2007)

ADDENDUM TO I1.03-1 [FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITONS –

COMMERCIAL ITEMS (FEB 2007)]

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE 16

(DESC JAN 2003)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – 17

COMMERCIAL ITEMS (DESC FEB 1996)

I186 PROTECTION OF GOVERNMENT PROPERTY AND 17

SPILL PREVENTION (DESC MAY 1978)

I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS 17

(DESC MAR 2000)

I209.09 EXTENSION PROVISIONS (DESC APR 2003) 18

I226.100 AVAILABILITY OF DEFENSE WORKING CAPITAL FUNDS 18

(FAR 52.232-18) (SEP 2006)

PART II – CONTRACT CLAUSES - CONTINUED

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 18

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

(FAR 52.212-5) (SEP 2006)

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 22

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS

(DFARS 252.212-7001) (NOV 2006)

PART III – LIST OF CONTRACT DOCUMENTS EXHIBITS AND OTHER ATTACHMENTS

PURCHASE DESCRIPTION XENON TECHNICAL, DATED 25 AUG 03 Attachment 1

FORM H-14 TRANSPORT EQUIPMENT DELAY CERTIFICATE Attachment 2

CONTRACTOR PAST PERFORMANCE DATA SHEET Attachment 3

SUBCONTRACTING PLAN Attachment 4

PART IV – SOLICITATION PROVISIONS

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

L2.05 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS IBR

(FAR 52.212-1) (SEP 2006)

ADDENDUM TO L2.05 [FAR 52.212-1]–INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (SEP 2006)

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 22

L2.11-2 FACSIMILE PROPOSALS (OCT 1997) 23

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 23

L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) 24

(DESC NOV 2006)

L54.02 SITE VISIT (AEROSPACE ENERGY) (DESC APR 2006) 26

EVALUATION – COMMERCIAL ITEMS

M2.14.100 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) 26

(DESC JUN 2007)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – 27

COMMERCIAL ITEMS (ALTERNATES I/II)

(FAR 52.212-3/I/II) (SEP 2006/APR 2002/OCT 2000)

ADDENDUM TO K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (ALTERNATES I/II) (FAR 52.212-3/I/II) (SEP 2006/APR 2002/OCT 2000)

K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – 34

COMMERCIAL ITEMS (CONT’D)

(DESC FEB 1999)

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DESC MAR 1999) 35

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – 35

COMMERCIAL ITEMS (DFARS 252.212-7000, tailored) (JUN 2005)

K15 RELEASE OF UNIT PRICES (DESC MAR 2004) 35

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 36

K45.04 FACSIMILE INVOICING (DESC JUL 1998) 36

PART 1 – SF 1449 CONTINUED

SCHEDULE OF SUPPLIES/SERVICES

B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DESC APR 2006)

(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 DESC 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 clause.

(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 clause

(3) [ X ] Orders issued by the Ordering Officer at the destination location are considered extensions of the Blanket Delivery Order issued by the DESC 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) [ ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT – STANDARD SUPPLIES clause, as contained in the Schedule.

(6) [ ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT – SEMISTANDARD SUPPLIES clause, as contained in the Schedule.

(7) [ X ] Items of this contract call for f.o.b. destination delivery, unless the item specifies otherwise. The destination for each item is the point of delivery shown in the particular item. Inspection for quality will be at origin with final acceptance at destination. Applicable to CLIN(s) 0001, 0002 AND 0003.

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

(9) [ ] 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) ________________________________________.

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

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

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

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

(DESC 52.207-9F79)

THE SCHEDULE

ITEM SUPPLIES/SERVICES ESTIMATED UNIT PRICE TOTAL

QTY/UNIT

0001 GASEOUS XENON (Xe)

CYLINDER, 99.999% GRADE EW

IAW PURCHASE DESCRIP-

TION, XENON, TECHNICAL,

DATED 25 AUG 2003

NSN: 6830-04-478-6047

DELIVERED FOB DESTINATION TO EDWARDS AFB, CA

0001AA PERIOD OF PERFORMANCE 5,000 LI $____________________/LI $_____________

01 OCT 07 THRU 30 SEP 08

0001AB SERVICES, 1 EA $_____________________ $_____________

MONTHLY LEASE OF PER CYLINDER PER MO

CONTRACTOR OWNED CYLINDERS (ESTIMATED MONTHS IS 12

IAW CLAUSE C900, STATEMENT OF MINUS “CYLINDER FREE TIME”

OBJECTIVES/WORK AND OR SPECIFICATIONS AS FILLED IN BY THE OFFEROR

(AEROSPACE ENERGY)( DESC APR 2006) PER PARAGRAPH 5.d OF C900.)

SHIP TO FOR CLIN 0001:

AIR FORCE RESEARCH LABS

BLDG 8595

1 ARA ROAD

EDWARDS AFB, CA 93524

0002 GASEOUS XENON (Xe)

CYLINDER, 99.999%, GRADE EW

IAW PURCHASE DESCRIP-

TION, XENON, TECHNICAL,

DATED 25 AUG 2003

NSN: 6830-04-478-6047

DELIVERED FOB DESTINATION TO CANOGA PARK, CA

0002AA PERIOD OF PERFORMANCE 17,000 LI $____________________/LI $_____________

01 OCT 07 THRU 30 SEP 08

0002AB SERVICES, 1 EA $_____________________ $_____________

MONTHLY LEASE OF PER CYLINDER PER MO

CONTRACTOR OWNED CYLINDERS (ESTIMATED MONTHS IS 12

IAW CLAUSE C900, STATEMENT OF MINUS “CYLINDER FREE TIME”

SHIP TO FOR CLIN 0002:

PRATT WHITNEY ROCKETDYNE

B / 001

6633 CANOGA AVE

CANOGA PARK, CA 91309-7922

0003 GASEOUS XENON (Xe)

CYLINDER, 99.999%, GRADE EW

IAW PURCHASE DESCRIP-

TION, XENON, TECHNICAL,

DATED 25 AUG 2003

NSN: 6830-04-478-6047

DELIVERED FOB DESTINATION TO KENNEDY SPACE CENTER, FL

0003AA PERIOD OF PERFORMANCE 82,800 LI $____________________/LI $_____________

01 OCT 07 THRU 30 SEP 08

0003AB SERVICES, 6 EA $_____________________ $_____________

MONTHLY LEASE OF PER CYLINDER PER MO

CONTRACTOR OWNED CYLINDERS (ESTIMATED MONTHS IS 6

IAW CLAUSE C900, STATEMENT OF MINUS “CYLINDER FREE TIME”

SHIP TO FOR CLIN 0003:

SPACE GATEWAY SUPPORT

FUEL STORAGE AREA (FSA) # 1

ASTROTECH PPF

KENNEDY SPACE CENTER, FL 32899

0004 DETENTION PER QUARTER PER ¼ HOUR $___________/PER ¼ HOUR

HOUR, IAW CLAUSE

F3.10 TRANSPORT TRUCK

AND/OR TRUCK AND TRAILER

FREE TIME AND DETENTION RATES

(AEROSPACE ENERGY)( DESC APR 2006)

PERIOD OF PERFORMANCE: 01 OCT 07 THRU 30 SEP 08

DESCRIPTION/SPECIFICATIONS

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000)

Unless otherwise specified, the issues of Federal and Military specifications, standards, and related standardization documents and those non-Government standards adopted for Department of Defense use, which are cited in this solicitation/contract, are those listed in the most recent Department of Defense Index of Specifications and Standards (DODISS) and any applicable supplement. The basic DODISS is issued on July 1st every year; supplementals thereto are issued every other month thereafter, those dates being September 1st, November 1st, January 1st, March 1st, and May 1st.

(DESC 52.246-9FT1)

C900 STATEMENT OF OBJECTIVES/WORK AND/OR SPECIFICATIONS (AEROSPACE ENERGY)

(DESC APR 2006)

PART I – REQUIREMENT

1) DESCRIPTION OF REQUIREMENT – The Defense Energy Support Center (DESC), Defense Logistics Agency, as the Department of

Defense (DoD) Integrated Materiel Manager (IMM) for Aerospace Energy products and services, requires production and delivery on an FOB Destination basis of Xenon, Gaseous, Grade EW, in Contractor-furnished cylinder(s), IAW Purchase Description, Xenon, Technical, dated 25 Aug 2003. Contractor shall provide all production, raw materials, supplies, management, tools, equipment and labor necessary for the manufacture and delivery on a FOB Destination basis of Xenon. The intended use is for component testing and in ion propulsion systems. The period of performance is 01 Oct 2007 through 30 Sep 2008.

2) SPECIFICATION REQUIREMENTS – Gaseous Xenon provided shall conform to DESC purchase description, titled Purchase Description, Xenon, Technical, dated 25 Aug 2003, Grade EW – Gaseous, 99.999%.

a) Sampling Plan. Cylinders filled on the same manifold at the same time shall constitute a lot. The number of cylinders selected for sampling from each lot shall be in accordance with the below Table. The first and last cylinders filled within a given lot shall be sampled. Other cylinders may be selected at random.

Number of cylinders in lot Number of cylinders to be sampled

2 – 5

6 – 10

For every group of 1-5 cylinders over 10

+ 1 more cylinder

b) In addition to the reports required elsewhere within this contract, one copy of a certificate of analysis for each sample required by the specification shall be sent to DESC-BP/BQ within three days after the analysis of that sample. The analysis report shall be faxed to the attention of DESC-BP/BQ at (210) 925-8048, emailed to tech.prop@dla.mil, or mailed to the following address:

ATTN: DESC-BP/BQ

BUILDING 1621-K

2261 HUGHES AVENUE, SUITE 128

LACKLAND AFB TX 78236-9828

3) CONVERSION – Quantity determinations by weight shall use a conversion of one pound of Gaseous Xenon = 82.883 standard liters of Gaseous Xenon (at 700F and 1 atm).

4) LOCATIONS:

SHIP TO: AIR FORCE RESEARCH LAB / PRSS PoC: JAMES HAAS

BLDG / SITE: BLDG 8595 PHONE 661-275-5502

ADDRESS: 1 ARA ROAD FAX: 661-275-5203

CITY: EDWARDS AFB

ST / ZIP: CA 93524

a) Special instructions for this location – Edwards AFB CA

(1) Each contractor-owned cylinder supplied should be approximately 36 inches high by 6 – 8 inches in diameter.

(2) Maximum allowable pressure per cylinder provided must not exceed 3,000 psig.

(3) Cylinders shall be palletized and secured for shipment, delivery and safety.

mailto:tech.prop@dla.mil

SHIP TO: PRATT WHITNEY ROCKETDYNE PoC: VINCE D’ANTONIO

BLDG / SITE: B / 001 PHONE 818-586-5123

ADDRESS: 6633 CANOGA AVE FAX: 818-586-1771

CITY: CANOGA PARK

ST / ZIP: CA 91309-7922

b) Special instructions for this location – Canoga Park CA

(1) Each contractor-owned cylinder supplied to this location should be filled as close to 17,000 LI as possible.

(2) Allowable pressure of 1,500 – 1,600 psig @ 70oF, per cylinder.

(3) Cylinders shall be palletized and secured for shipment, delivery and safety.

SHIP TO: SPACE GATEWAY SUPPORT PoC: See Paragraph c) (7)

BLDG / SITE: FUEL STORAGE AREA (FSA) #1 PHONE See Paragraph c) (7)

ADDRESS: ASTROTECH PPF FAX: See Paragraph c) (7)

CITY: KENNEDY SPACE CENTER

ST / ZIP: FL 32899

c) Special instructions for this location – Kennedy Space Center FL

(1) Each order requires 82,880 liters, packaged in no more than 6 contractor-owned cylinders.

(2) Allowable pressure of 1,500 – 1,600 psig @ 70oF for the first 5 cylinders and a minimum pressure of 875 psig @ 70oF for the 6th cylinder.

(3) Provide a common manifold for cylinders with one delivery or extraction point.

(4) Manifold will be purged and ready to use upon delivery.

(5) Secure cylinders to cart or rack for shipment, delivery and safety.

(6) Delivery personnel must be U.S. citizens and may be required to pass a background check, effective 01 Oct 2007.

(7) Additional details required for final drop off point at Kennedy Space Center shall be supplied at time of order.

d) Additional instructions common to shipments to each of the listed locations -

(1) All orders for Xenon shall be delivered NLT 30 calendar days from notification by the Government.

(2) Each cylinder serial number shall be recorded on all shipping documents, inspection reports and certificates of analysis.

(3) Contractor shall also be responsible for transportation expense associated with delivery of Xenon cylinders to each location and return to contractor’s facility. Contractor to provide the following information to allow notification by the Government of cylinder(s) availability for return.

(a) Point of Contact Name: ________________

(b) Duty Phone: ________________________

(c) Fax: ______________________

(d) E-mail: ________________________

5) CYLINDER LEASE – The Government shall pay the contractor a monthly lease per contractor-owned cylinder supplied.

a) Invoices shall identify each cylinder by serial number, plus:

(1) Date Delivered,

(2) Date Notified for Return,

(3) Date Returned,

(4) Less Cylinder Free Time,

(5) Monthly Charge for Full Month or Prorated Monthly Charge for a Partial Month.

b) Total lease expense per cylinder will not exceed replacement value of the cylinder. Lease payments per cylinder shall cease when the total value of the lease reaches the stated replacement value of the cylinder.

c) Contractor to supply replacement value of a cylinder: _____________________.

d) Cylinder Free Time: Amount of time contractor will allow the Government to have possession of a cylinder without monthly lease charges: ___________________

e) Cylinder lease begins on the day after the expiration of the cylinder free time. If free time is “0”, the cylinder lease begins on the day the cylinder is delivered to the customer. Cylinder lease stops on the day the Government notifies the contractor to pick up the cylinder.

f) The Government requires a prorated monthly lease rate for partial months that the cylinder is in the Government’s possession.

(1) Cylinders subject to full month lease assessment –

(a) Cylinders delivered after the 15th of the month.

(b) Cylinders identified for pick up and Government notification to the contractor after the 15th of the month.

(2) Cylinders subject to half month lease assessment –

(a) Cylinders delivered on the 1st through the 15th day of the month.

(b) Cylinders identified for pick up and Government notification to the contractor on the 1st through the 15th day of the month.

(DESC 52.246-9F28)

PACKAGING AND HANDLING

D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DESC APR 2006)

(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-HDBK 774, Department of Defense Handbook, Palletized Unit Loads (for guidance only).

(8) ASME MH 1.8, Wood Pallets.

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

(DESC 52.223-9F17)

D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) (DESC 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 DESC 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 DESC. 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.

(DESC 52.211-9FN1)

D20 PALLET REQUIREMENTS FOR DOMESTIC SHIPMENTS (AEROSPACE ENERGY) (DESC APR 2006) Pallets shall be constructed in accordance with one of the following guidelines: MIL-HDBK 774, Department of Defense Handbook, “Palletized Unit Loads”; or ASME/ANSI MH 1.8H or Contractor’s equivalent.

(DESC 52.246-9FPM)

INSPECTION AND ACCEPTANCE

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY) (DESC APR 2006)

(a) QUALITY CONTROL PLAN.

(1) The Contractor shall provide and maintain an inspection system and a written Quality Control Plan (QCP) acceptable to the Government. If the Contractor is ISO certified Q91 (ISO9001) Quality Management Systems, they have the option to offer their Q91 inspection system as their QCP provided their Q91 written plan incorporates all the QCP elements identified below. The QCP shall be established and reviewed for adequacy by the Quality Representative (QR) prior to commencement of production or services.

(2) The QCP shall include--

(i) A schematic diagram of plant facilities pertinent to the inspection system indicating all inspection points;

(ii) Sampling procedures.

(iii) Sample testing methods/procedures;

(iv) Analytical and measuring equipment calibration program;

(v) Loading/shipping procedures;

(vi) Records maintenance and reports preparation/distribution; and

(vii) Corrective action procedures.

(b) The Contractor shall perform all inspection tests required by the specification/item description of the supplies to be furnished under this contract or shall have such tests performed in a laboratory acceptable to the Government. The Contractor shall notify the QR in sufficient time to permit inspection by the Government. When such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of the original test results shall be provided to the Government at the time of acceptance.

(DESC 52.246-9FE2)

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor's signed certificate shall be attached to or included on the top copy of the Material Inspection and Receiving Report (DD Form 250) or other authorized document that is distributed to the payment office (Block 12 of the DD Form 250). A copy shall also be sent with the shipment and to the CAO (Block 10 of the DD Form 250); however, the CAO copy shall only be sent if specifically requested by the Contracting Officer.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

(d) The certificate shall read as follows:

"I certify that on ______________ [insert date], the ______________________________________ [insert Contractor's name] furnished the supplies or services called for by Contract No.

via ______________________ [Carrier] on ________________________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution:_____________________________________________________

Signature: ___________________________________________________________

Title: _______________________________________________________________

(DESC 52.246-9F01)

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992)

The Quality Office assigned inspection responsibility under this contract is _______________________________

(DESC 52.246-9F35)

E33.07 MANUFACTURING AND FILLING POINTS (DESC MAR 2006)

The name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished hereunder are as follows:

NAME, COMPLETE ADDRESS

AND TELEPHONE NUMBER OF

PRODUCT MANUFACTURING POINT/FILLING POINT

GASEOUS XENON (Xe) _________________________________________

CYLINDER, GRADE EW _________________________________________

IAW PURCHASE DESCRIP- _________________________________________

TION, XENON, TECHNICAL, _________________________________________

DATED 25 AUG 2003 _________________________________________

NSN: 6830-04-478-6047 _________________________________________

DELIVERED FOB DESTINATION _________________________________________

TO EDWARDS AFB, CA _________________________________________

IAW PURCHASE DESCRIP- _________________________________________

TION, XENON, TECHNICAL, _________________________________________

DATED 25 AUG 2003 _________________________________________

NSN: 6830-04-478-6047 _________________________________________

TO CANOGA PARK, CA _________________________________________

IAW PURCHASE DESCRIP- _________________________________________

TION, XENON, TECHNICAL, _________________________________________

DATED 25 AUG 2003 _________________________________________

NSN: 6830-04-478-6047 _________________________________________

TO KENNEDY SPACE CENTER, FL _________________________________________

(DESC 52.246-9F50)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

(a) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(b) The following procedures shall be used to request a deviation or waiver to the applicable nonconformance(s). A deviation is a request by a Contractor to deviate from the contract requirements after contract award, but prior to initial production of each product (for the duration of the contract). A waiver is a request by a Contractor to deviate from the contract requirements after initial production or each product (on a case-by-case basis or for a set period).

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the Quality Representative (QR). Each request shall provide the following information: Contractor name; contract number; contract line item and product, if applicable; clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and equitable price adjustment offered over the administrative fee. In extraordinary situations, the Contractor may initially submit the request for a waiver, not a deviation, through the cognizant QR to the Contracting Officer or the Contracting Officer's Representative (COR) in the Quality Operations Division (DESC-BQ) of the Defense Energy Support Center (DESC). Extraordinary situation requests shall be submitted formally to the Contracting Officer prior to close of business of the next normal DESC workday (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). As used in this clause, the term extraordinary situation means the matter cannot await resolution until the next normal DESC workday. In addition, if either the Contracting Officer or the COR cannot be reached, the Duty Officer shall be contacted and provided the necessary information to forward to the proper individuals as soon as possible. The Duty Officer's telephone number is

(800) 286-7633 or (703) 767-8420; (DSN) 427-8420.

(2) If a deviation or waiver is granted, the contract will be modified to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation dictates, a deviation or waiver may be granted without prior agreement on price adjustment or other consideration subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such agreement shall be documented on the receiving document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause of this contract.

(3) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $250 to cover administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

(4) If a deviation or waiver is granted modifying this contract but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $500, a second contract modification shall be issued reducing the Contractor's obligation to $500 (the administrative cost of issuing the two required modifications).

(c) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS’ BUNKERS), or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to—

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(d) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DESC contract.

(e) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

(DESC 52.246-9FQ5)

DELIVERIES OR PERFORMANCE

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

ENERGY) (DESC APR 2006)

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

(1) DELIVERIES INTO OR BY PIPELINE.

(i) F.O.B. ORIGIN.

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

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

(ii) F.O.B. DESTINATION.

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

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

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

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

(2) DELIVERIES BY OTHER THAN PIPELINE.

(i) F.O.B. ORIGIN.

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

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

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

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

(ii) F.O.B. DESTINATION.

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

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

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

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

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

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

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

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

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

(DESC 52.211-9FB6)

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) (DESC APR 2006)

The Contractor shall be responsible for ensuring the transportation of hazardous materials is in full compliance with all applicable rules and regulations below that are in force and effect on the date of the shipment for the individual hazard, ultimate destination, and mode of transportation:

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

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

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

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

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

(DESC 52.247-9FJ6)

F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (F.O.B.

DESTINATION) (AEROSPACE ENERGY) (DESC APR 2006)

(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: DESC-MIC (INVOICE MONITOR)

BUILDING 1621-K

2261 HUGHES STREET, SUITE 128

LACKLAND AFB, TX 78236-9828

(b) A minimum of two hours time is required by the Government. If Contractor free time is beyond two hours, indicate here: __________.

(c) 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.

(d) The above will not be considered in the evaluation of offers for award, except that free time of less than two hours or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive.

(e) Detention Costs: Invoices for detention costs will be forwarded directly to the address stated above.

(DESC 52.247-9FK3)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC APR 1968)

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; PROVIDED, however, that this data shall be informational only in character and that this provision 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.

(DESC 52.242-9FM1)

CONTRACT ADMINISTRATION DATA

G3.01 PAYMENT DUE DATE (DESC OCT 1988)

When payment due date falls on a Saturday or Sunday, or on a United States Official Federal holiday, payment will be due and payable on the following workday. (DESC 52.232-9F45)

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) (DESC MAY 2006)

(a) Supporting documentation required for processing payment to the Contractor after delivery of product shall be the original of the DD Form 250, Material Inspection and Receiving Report, or an original of its commercial equivalent. If required by the Schedule, a copy of the certified weight ticket shall accompany each shipment.

(1) FOR F.O.B. ORIGIN DELIVERIES. The original DD Form 250 or commercial equivalent shall have been certified by the Government’s Quality Assurance Representative (QAR) and have the QAR’s typed name, title, mailing address and office phone number included on the document.

(2) FOR F.O.B. DESTINATION DELIVERIES. The original DD Form 250 or commercial equivalent shall be provided to the customer/Defense Fuel Support Point (DFSP) to verify receipt of the product at the time of delivery who shall provide the original DD Form 250 or commercial equivalent to a Government representative to certify acceptance of the delivery. For f.o.b. destination deliveries that require f.o.b. origin inspection, the DD Form 250 shall have both the origin QAR’s and the customer’s/DFSP’s signatures.

(3) FOR C.O.C. DELIVERIES. The original DD Form 250 or commercial equivalent shall be certified by the Contractor, in accordance with the applicable contract clause, verifying delivery in accordance with contract terms and conditions and the Schedule.

(b) The Contractor shall directly fax the original product invoice along with the original DD Form 250 or commercial equivalent, as described above, within 15 calendar days of delivery, into the Electronic Document Management system at 866-313-2340 or

(614) 693-2630.

(c) In addition, the Contractor shall concurrently mail a copy of the signed DD Form 250 or commercial equivalent and, if required by the Schedule, a copy of the certified weight ticket to—

DESC-MIC (INVOICE MONITOR)

BUILDING 1621-K

2261 HUGHES AVENUE, SUITE 128

LACKLAND AFB, TX 78236-9828

FAX: 210-925-8048, ATTN: DESC-MIC (Invoice Monitor)

(d) If the contract involves services such as lease of Contractor-furnished equipment, services of any nature, and/or additional service charges otherwise allowed by the Schedule, such as Delay and Standby, the Contractor shall submit a separate service original invoice to the DESC-MIC Invoice Monitor at the address shown in paragraph (c) above. Unless stipulated otherwise in the contract, all invoices for service will be submitted after the services have been performed. In the case of leased containers, the invoice shall also include the container serial number or other unique identifier as well as information relative to the product that the container supports, i.e., name of the product, NSN, etc.

(DESC 52.232-9FF2)

PART II – CONTRACT CLAUSES

I1.03-1 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FAR 52.212-4) (FEB 2007) IBR

ADDENDUM TO I1.03-1 [FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS

(FEB 2007)]

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DESC JAN 2003)

(a) This clause incorporates contract clauses and solicitation provisions by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

(b) The full text of any FAR, DFARS, or DLAD solicitation clause or provision may be accessed electronically at these addresses:

FAR/DFARS: http://farsite.hill.af.mil DLAD: http://www.dla.mil/j-3/j-336

(c) All DESC clauses and provisions are contained in full text in this document.

(d) Solicitation Provisions Only. The offeror is cautioned that the solicitation provisions listed in (e)(1) below may include blocks that must be completed by the offeror and submitted with its quotation or offer. As long as the offeror identifies the solicitation provision by number, the offeror may simply complete those paragraphs requiring fill-in information to submit with its quotation or offer. In addition to the solicitation provisions listed in (e)(1) below, the contract clauses listed in (e)(2) below shall apply to any resultant contract but do not require the submission of additional offer information.

(e) The following FAR/DFARS/DLAD contract clauses and solicitation provisions are hereby incorporated by reference in addition to those listed in the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS and the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS clauses:

(1)

SOLICITATION

PROVISION REGULATORY PROVISION

NUMBER NUMBER TITLE .

K85 DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

TERRORIST COUNTRY (OCT 2006)

L5.01-1 DLAD 52.233-9000 AGENCY PROTESTS (APR 2006) – DLAD

L 74 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) Firm Fixed-Price Requirements-Type Contract

(2)

CONTRACT

CLAUSE REGULATORY CLAUSE

NUMBER NUMBER TITLE .

E5 FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996)

F18 FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

F105 FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(b) 5% Percent increase 5% Percent decrease This increase or decrease shall apply to Product CLINs 0001, 0002, 0003

F108 FAR 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

I1.07 FAR 52.204-7/ CENTRAL CONTRACTOR REGISTRATION

DFARS 252.204-7004 (ALTERNATE A) (OCT 2003/NOV 2003)

I11.04 FAR 52.242-13 BANKRUPTCY (JUL 1995)

I14.04 DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003)

I28.26 DFARS 252.225-7013 DUTY-FREE ENTRY (OCT 2006)

http://farsite.hill.af.mil/ http://www.dla.mil/j-3/j-336

I84 FAR 52.216-21 REQUIREMENTS (OCT 1995)

(f) 60 days after expiration of the ordering period.

I171.07 FAR 52.219-16) LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999)

I198 DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

I211 FAR 52-216-18 ORDERING (OCT 1995)

(b) From: Date of Award To: 30 Sep 2008.

I287 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(NOV 2006)

(DESC 52.252-9F08)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DESC 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 reprocurement 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 reprocurement 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.

(DESC 52.249-9F20)

I186 PROTECTION OF GOVERNMENT PROPERTY AND SPILL PREVENTION (DESC MAY 1978)

(a) The Contractor shall use reasonable care to avoid damaging or contaminating existing buildings, equipment, asphalt pavement, soil, or vegetation (such as trees, shrubs, and grass) on the Government installation. If the Contractor fails to use reasonable care and damages or contaminates any such buildings, equipment, asphalt pavement, soil or vegetation, or other Government facilities, he shall replace the damaged items or repair the damage at no expense to the Government and to the satisfaction of the Government.