09-R-0311 CONUS Helium.pdf

1. REQUISITION NUMBER PAGE 1 OF 52 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 SP0600-09-1228

2.CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

SP0600-09-R-0311 18 JUN 2009

a. NAME

b. TELEPHONE NUMBER (No collect calls)

8.OFFER DUE DATE/

LOCAL TIME

7. FOR SOLICITATION

INFORMATION CALL:

REBECCA VELIZ 210-925-1562 21 JULY 2009

12:00 PM

9. ISSUED BY CODE SP0600

DEFENSE ENERGY SUPPORT CENTER (DESC-MK)

BLDG 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226-1859

REBECCA VELIZ 210-925-1562

E-MAIL: rebecca.veliz@dla.mil

10.THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS EMERGING SMALL

HUBZONE SMALL BUSINESS

BUSINESS

NAICS: 325120 SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: 1,000 OWNED SMALL BUSINESS

13b. RATING

14. METHOD OF SOLICITATION

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

RFQ IFB RFP

15. DELIVER TO CODE 16.ADMINISTERED BY CODE

SEE PART I, B1.09-2.100 SUPPLIES TO BE FURNISHED

(INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DESC

JUN 2009)

18a.PAYMENT WILL BE MADE BY CODE HQ0104 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

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADDRESS IN OFFER

18b. SUMMIT INVOICES TO ADDRESS SHOWN IN BLOCK 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, B1.09-2.100 SUPPLIES TO BE FURNISHED

(INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DESC

JUN 2009)

(Use Reverse and/or Attach Additional Sheet as Necessary) 25.ACCOUNTING AND APPROPRIATION 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 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.

29. AWARD OF CONTRACT: REFERENCE ____________OFFER

DATED _______________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO 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

BARBARA M. PETERSON

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005)

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

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 REPRESENTATIVE 32f.TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g.E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37.CHECK NUMBER

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 3/2005) BACK

SP0600-09-R-0311

PART I – SF 1449 CONTINUED

IMPORTANT NOTICES TO OFFERORS

1. The Government has a requirement for the production of Gaseous Helium to support multiple customer locations throughout the Continental United States (CONUS). The acquisition of helium by Federal Agencies is governed by Federal Acquisition Regulation (FAR) Subpart 8.5, which implements the Helium Act (50 U.S.C. 167, et seq). Product will be delivered FOB Origin into Government furnished trailers and customer-owned International Organization for Standardization (ISO) containers.

2. Helium purchases under commodity CLIN 0001 of this solicitation are subject to the Helium Act and as such, FAR Clause 52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (APR 2002), as Incorporated by Reference in Clause I1.20-1 CLAUSES AND PROVISION INCORPORATED BY REFERENCE (DESC JAN 2003), applies. Only Federal helium suppliers, as designated by the Bureau of Land Management (BLM), will be eligible for award of any quantities under CLIN 0001. See Federal Acquisition Regulation (FAR) Part 8.5.

3. Commodity CLIN 0002, as contained in this solicitation, is either exclusively for commercial use and not for Government or Government contractor use or the best estimated quantity for the helium use location per year is less than the quantity defined as a major helium requirement. As such, the requirement contained in CLIN 0002 is not subject to the Helium Act (50 U.S.C.

167, et seq) or FAR Clause 52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (APR 2002). An offeror does not have to be a Federal helium supplier, as otherwise designated by BLM, to be eligible for award under CLIN 0002.

4. The Government plans multiple awards of Fixed-Price with Economic Price Adjustment (BLM CLINs) and Firm Fixed Price (NON-BLM and Service CLINs) Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract(s) for Pressurizing Agent, Gaseous Helium (Bulk), Type I, Grade A (NSN 9135-00-890-2011 and 9135-01-525-1620), MIL-PRF-27407C, dated 29 November 2006, as specified in the schedule.

5. Offerors are advised that awards will be made on the basis of the evaluated price for each CLIN or subCLIN. The evaluated price will be calculated by multiplying the estimated quantity by the proposed unit price. To each CLIN or subCLIN, the Government will add as an “other price-related factor” the Government’s estimated costs for transporting the product from the offeror’s proposed transfill location(s), as stated in the offeror’s proposal, to the individual customer locations designated in Attachment 1 to this solicitation. This process will form the lowest laid-down price to all 45 DESC customer locations listed in the attachment.

6. Offerors may submit price proposals for as many transfill locations per Product CLIN as desired as shown in Section B – Supplies/Services. As such, offerors will provide the quantity and proposed price for all BLM and/or Non- BLM helium to be provided out of that transfill location per year. Offerors can propose the entire yearly estimate from each proposed transfill location, if it is available from that transfill location. Each customer location will be supported from the proposed contractor transfill location that represents the lowest laid down price for that location. However, only Federal helium suppliers as designated by BLM will be eligible for award of any quantities under CLIN 0001.

7. The Statement of Objectives/Work and/or Specifications is included within the solicitation as an Addendum to Clause I1.03-14 on pages 24-26.

8. All offerors shall comply with the requirements listed in Clause L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DESC OCT 2008) and all offers will be evaluated in accordance with Clause M2.14 EVALUATION - COMMERCIAL

ITEMS (OCT 2008).

9. Questions regarding Small Business or Small Disadvantage Business affairs should be addressed to Ms. Lula Manley of the DESC Small Business Office at 1-800-526-2601 or 703-767-9400.

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

Defense Energy Support Center

DESC-MK

Attn: Rebecca Veliz Bldg 1621 1014 Billy Mitchell Blvd San Antonio, TX 78226-1859

SOLICITATION FORMAT

PART I – SF 1449 CONTINUED

CLAUSE NUMBER PAGE

SCHEDULE OF SUPPLIES/SERVICES

B1.09-2.100 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) 6

(DESC JUN 2009)

B19.33.100 ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE (HELIUM) 7 - 8

(DESC MAY 2009)

DESCRIPTION/SPECIFICATION

C1 SPECIFICATIONS (DESC JAN 10997) 12

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) 12

PACKAGING AND HANDLING

D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DESC APR 2006) 12

D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) (DESC OCT 2006) 12

INSPECTION AND ACCEPTANCE

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY) (DESC APR 2006) 13

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004) 13

E22 LIST OF INSPECTION OFFICE FOR DESC CONTRACTS (DESC JAN 2009) 14 - 16

E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) (DESC JUL 2008) 16

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 17

DELIVERIES OR PERFORMANCE

F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS AND GASES) 18

(AEROSPACE ENERGY) (DESC APR 2006)

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) 19

(DESC APR 2006)

F7 DELAY OF CARRIER EQUIPMENT (DETENTION) (AEROSPACE ENERGY) (DESC APR 2006) 19

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC APR 1968) 19

CONTRACT ADMINISTRATION DATA

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) (DESC DEC 2007) 19 - 20

SPECIAL CONTRACT REQUIREMENTS

H15 TRANSPORTATION REQUIREMENTS FOR F.O.B. ORIGIN SHIPMENTS BY 20 - 21

TANK TRUCK, TRUCKLOAD, AND/OR LESS THAN TRUCKLOAD (CYLINDER/DRUM)

(AEROSPACE ENERGY) (DESC OCT 2008)

PART II – CONTRACT CLAUSES

I1.03-14 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (AEROSPACE ENERGY) 21 - 24

(DESC NOV 2008)

ADDENDUM TO I1.03-14 (FAR 52.212-4)

STATEMENT OF OBJECTIVES/WORK AND/OR SPECIFICATIONS 24 - 26

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DESC JAN 2003) 26 - 28

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS 28

(DESC FEB 1996)

I28.01 FEDERAL, STATE, AND LOCAL TAXES (DESC AUG 2003) (DEVIATION) 28 - 29

I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DESC MAR 2000) 29

I209.09 EXTENSION PROVISIONS (DESC APR 2003) 29

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 29 - 33

EXECUTIVE ORDERS – COMMERCIAL ITEMS (APR 2009)

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 33 - 35

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (JAN 2009)

PART III – CONTRACT DOCUMENTS AND OTHER ATTACHMENTS

ESTIMATED QUANTITY (EQ) BY ZONE/LOCATION ATTACHMENT 1

SAMPLE DLA WEEKLY TRAILER INVENTORY REPORT ATTACHMENT 2

SAMPLE DLA WEEKLY ISO & CHASSIS CONTAINER INVENTORY REPORT ATTACHMENT 3

PERFORMANCE SPECIFICATION MIL-PRF-27407C, DATED 29 NOV 2006 ATTACHMENT 4

CONTRACTOR PERFORMANCE DATA SHEET ATTACHMENT 5

SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 6

TRANSPORTATION DELAY CERTIFICATE (H-14) ATTACHMENT 7

MOTOR VEHICLE INSPECTION (DD Form 626) ATTACHMENT 8

PART IV – SOLICITATION PROVISIONS

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS 35 - 44

(ALTERNATES I/II) (FEB 2009/APR 2002/OCT 2000)

ADDENDUM TO K1.01-10 (FAR 52.212-3/I/II)

K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DESC MAR 1999) 44 - 45

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JUN 2005) 45

K15 RELEASE OF UNIT PRICES (DESC MAR 2004) 45

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 45

K45.04 FACSIMILE INVOICING (DESC JUL 1998) 46

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

L2.05 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2008) (FAR 52.212-1) IBR

ADDENDUM TO L2.05 (FAR 52.212-1)

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 46

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 46 - 47

L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DESC OCT 2008) 47 - 50

EVALUATION – COMMERCIAL ITEMS

M2.14 EVALUATION -- COMMERCIAL ITEMS (AEROSPACE ENERGY) (DESC OCT 2008) 50 - 52

SCHEDULE OF SUPPLIES/SERVICES

B1.09-2.100 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DESC JUN 2009)

(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) [ ] 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) [ X ] 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) [ ] 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. Applicable to CLINs 0002, 0003 and 0004.

(5) [ X ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause [or clauses], as contained in the solicitation and any resultant contract. See Clause B19.33.100 ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE (HELIUM) (DESC MAY 2009). Applicable to CLIN(s) 0001 BLM Helium only.

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

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

(8) [ X ] Items of this contract call for f.o.b. origin delivery, unless the item specifies otherwise. Inspection and acceptance will be at origin. Applicable to CLIN(s) 0001 and 0002.

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

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

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

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

(DESC 52.207-9F79)

B19.33.100 ECONOMIC PRICE ADJUSTMENT -- PUBLISHED MARKET PRICE (HELIUM) (DESC MAY 2009)

(a) WARRANTIES. The Contractor warrants that--

(1) The base unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced shall be computed in accordance with the provisions of this clause.

(b) DEFINITIONS. As used throughout this clause, the term--

(1) Base unit price means the unit price set forth opposite the item in the Schedule.

(2) Market price means the price to be used in determining an economic price adjustment of the base unit price of an individual product for the market area and time period specified in this clause. The market price is derived from quotes, assessments, or sales prices in the market place for one or several items or commodity groups as reported in a consistent manner in a publication, electronic data base, or other form, as determined by an independent trade association, governmental body, or other third party independent of the Contractor.

(i) Base market price means the price as shown in Column V of the table below which is the market price from which economic price adjustments are calculated pursuant to this clause.

(ii) Adjusting market price means the market price for deliveries during the most recent period, as defined in the table below.

(3) Date of delivery is defined as follows:

(i) FOR TANKER OR BARGE DELIVERIES.

(A) F.O.B. ORIGIN. The date and time vessel commences loading.

(B) F.O.B. DESTINATION. The date and time vessel commences discharging.

(ii) FOR PIPELINE DELIVERIES. The date and time product commences to move past the specified f.o.b.

point.

(iii) FOR ALL OTHER TYPES OF DELIVERIES. The date product is received.

(c) ADJUSTMENTS.

(1) Subject to the provisions of this clause, the price payable shall be the base unit price in effect on the date of delivery increased or decreased by the same number of cents, or fraction thereof, that the adjusting market price increases or decreases, per like unit of measure, from the base market price.

(2) CALCULATIONS. All calculations shall be rounded to two decimal places.

(3) MODIFICATIONS. Any resultant price changes to the base market price and base unit price shall be executed by the Contracting Officer through a yearly price adjustment modification effective October 1 of each year of the contract.

(4) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of paragraphs (f), Excusable Delays, and (m), Termination for Cause, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract, in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(5) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment provisions shall not exceed 45 percent of the original base unit price in any applicable program year (whether a single year or multiyear program), except as provided hereafter.

(i) If at any time the Contractor has reason to believe that within the near future a price adjustment under the provisions of this clause will be required that will exceed the current contract ceiling price for any item, the Contractor shall promptly notify the Contracting Officer in writing of the expected increase. The notification shall include a revised ceiling which the Contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the Contracting Officer.

(ii) If an actual increase in the established market price would raise a contract unit price for an item above the current ceiling, the Contractor shall have no obligation under this contract to fill pending or future orders for such item, as of the effective date of the increase, unless the Contracting Officer issues a contract modification to raise the ceiling. If the contract ceiling will not be raised, the Contracting Officer shall so promptly notify the Contractor in writing.

(6) REVISION OF MARKET PRICE INDICATOR. In the event--

(i) Any applicable market price indicator is discontinued or its method of derivation is altered substantially; or

(ii) The Contracting Officer determines that the market price indicator consistently and substantially fails to reflect market conditions,--the parties shall mutually agree upon an appropriate and comparable substitute and the contract shall be modified to reflect such substitute effective on the date the indicator was discontinued, altered, or began to consistently and substantially fail to reflect market conditions. If the parties fail to agree on an appropriate substitute, the matter shall be resolved in accordance with paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS clause of this contract.

(d) CONVERSION FACTORS. If this clause requires quantity conversions for economic price adjustment purposes, the factors specified in the CONVERSION FACTORS clause shall apply, unless otherwise specified in the Schedule.

(e) EXAMINATION OF RECORDS. The Contractor agrees that the Contracting Officer or designated representative shall have the right to examine the Contractor's books, records, documents, or other data the Contracting Officer deems necessary to verify Contractor adherence to the provisions of this clause.

(f) FINAL INVOICE. The Contractor shall include a statement on the final invoice that the amounts invoiced hereunder have applied all decreases required by this clause.

(g) TABLE.

I II III IV V

Heading under which Base market price market indicator Location where as of 1 Oct 2009 Name of is published and market price (excludes all taxes) Item No. Publication name of product is applicable (see note(s) below)

0001 Bureau of Land Helium Operator United States $64.75 Management Information, Crude Helium Price

NOTE: The BLM crude index price changes yearly. It is firm from 1 October through 30 September. Every October 1 when BLM adjusts the published crude index price, the DESC contract price will adjust with that price effective on that date in accordance with the terms and conditions of this clause. Unit prices under the contract will be updated by modification no later than October 15 of the month in which BLM makes its crude price index effective.

For example: Assume an award will be made in Jun 2009, and the base unit price at time of award in Jun 2009 is $75.00 per MC; the base market price at the time of award is $54.50 per MC (FY09). In Oct 2009, the new BLM base market price is published as $56.50 per MC (FY10). The upward adjustment to the base unit price will be calculated by taking the difference between the base market price for FY09 ($54.50) and the adjusting market price for FY10 ($56.50) and obtaining the difference of $2.00. The contract unit price will be increased by $2.00 for an adjusted contract unit price of $77.00 per MC, effective 1 Oct 2009. In Oct 2010, the new BLM base market price is published as $55.75 per MC (FY11); therefore, the contract unit price will be decreased by $0.75 to $76.25. Prices used in this calculation are for example only and are not based on actual prices.

(DESC 52.216-9F33)

ITEM SUPPLIES/SERVICES ESTIMATED UNIT UNIT PRICE AMOUNT

QTY

0001 PRESSURIZING AGENT, GASEOUS HELIUM (BULK) 32,412 MC

TYPE I, GRADE A, IAW MIL-PRF-27407C, 29 NOV 06 2-YEAR EST QTY (16, 206 MC per year)

NSN: 9135-00-890-2011 or 9135-01-525-1620

BLM HELIUM

DELIVERED FOB ORIGIN INTO GOVERNMENT-

FURNISHED TRAILERS AND/OR ISO CONTAINERS

IAW BLM LOCATIONS ON ATTACHMENT 1

PROPOSED TRANSFILL LOCATION #1

TRANSFILL LOCATION ______________________

TBD YEAR ONE (03 OCT 2009 – 02 OCT 2010) _________ MC $_________________ $________________

MAX QTY OFFERED FROM TRANSFILL LOCATION

TBD YEAR TWO (03 OCT 2010 – 02 OCT 2011) _________ MC $_________________ $________________

PROPOSED TRANSFILL LOCATION #2

PROPOSED TRANSFILL LOCATION #3

PROPOSED TRANSFILL LOCATION #4

PROPOSED TRANSFILL LOCATION #5

NOTE: Offeror can submit proposed prices from as many transfill locations for CLIN 0001 as desired. If more then five transfill locations are proposed, offerors may submit another page like the one above. The Maximum Quantity offered for EACH transfill location proposed will be the total estimated quantity available from that transfill location in that year.

0002 PRESSURIZING AGENT, GASEOUS HELIUM (BULK) 6,378 MC

TYPE I, GRADE A, IAW MIL-PRF-27407C, 29 NOV 06 2-YR EST QTY (3,541 MC Yr 1; 2,837 MC Yr 2)

NSN: 9135-00-890-2011

NON-BLM HELIUM

DELIVERED FOB ORIGIN INTO GOVERNMENT-

FURNISHED TRAILERS AND/OR ISO CONTAINERS

IAW NON-BLM LOCATIONS ON ATTACHMENT 1

PROPOSED TRANSFILL LOCATION #1

PROPOSED TRANSFILL LOCATION #2

PROPOSED TRANSFILL LOCATION #3

PROPOSED TRANSFILL LOCATION #4

PROPOSED TRANSFILL LOCATION #5

NOTE: Offeror can submit proposed prices from as many transfill locations for CLIN 0002 as desired. If more then five transfill locations are proposed, offerors may submit another page like the one above. The Maximum Quantity offered for EACH transfill location proposed will be the total estimated quantity available from that transfill location in that year.

0003 SERVICES, DELIVERY FEE FOR NON-ROUTINE $________________ PER OCCURRENCE

DELIVERY, FOB ORIGIN

IAW STATEMENT OF OBJECTIVES/WORK

AND/OR SPECIFICATIONS

PARAGRAPH 3.a.i.B. and 3.a.ii.B.

0004 SERVICES, PURGE COMPRESSED GAS 40 EA

TUBE-BANK TRAILER AND/OR ISO CONTAINER 2-YEAR EST QTY

AS REQUIRED

(GOVERNMENT-FURNISHED EQUIPMENT)

NSN: 9135-00-890-2011 or 9135-01-525-1620

IAW STATEMENT OF OBJECTIVES/WORK

AND/OR SPECIFICATIONS, PARAGRAPH 9

0004AA YEAR ONE 20 EA

$____________ PER

OCCURRENCE* $_________________

03 OCT 2009 – 02 OCT 2010

0004AB YEAR TWO 20 EA

$____________ PER

OCCURRENCE* $_________________

03 OCT 2010 – 02 OCT 2011

*If Purging Costs change per Transfill Location, provide Pricing for each Transfill Location on separate sheet.

0005 SERVICES, EMERGENCY REPAIRS AS REQUIRED AS REQUIRED

NTE $500 PER TRAILER AND/OR ISO CONTAINER

AND/OR SPECIFICATIONS, PARAGRAPH 10.a.i.

0006 SERVICES, EMERGENCY REPAIRS TBN TBN

GREATER THAN $500 PER TRAILER AND/OR ISO

CONTAINER. PRICE TO BE NEGOTIATED, AS

REQUIRED, OVER THE LIFE OF THE CONTRACT.

AND/OR SPECIFICATIONS, PARAGRAPH 10.a.ii.

0007 SERVICES, MISCELLANEOUS, FOB DESTINATION TBN TBN

DELIVERY AND/OR SHORT-TERM LEASE OF

COMPRESSED GAS TUBE-BANK TRAILER.

PRICE TO BE NEGOTIATED, AS REQUIRED, OVER

THE LIFE OF THE CONTRACT.

AND/OR SPECIFICATIONS, PARAGRAPH 11

The MINIMUM GUARANTEE will be 10% of the combined 2-year TOTAL ESTIMATED QUANTITY awarded for BLM and Non-BLM product only.

The MAXIMUM QUANTITY will be 120% of the combined 2- year TOTAL ESTIMATED QUANTITY awarded for BLM and Non-BLM product only.

DESCRIPTION/SPECIFICATION

C1 SPECIFICATIONS (DESC JAN 1997)

Product to be supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Supply Schedule, except as modified elsewhere in this contract. Unless otherwise indicated by the Contractor, prior to award and in accordance with the EVALUATION OF OFFERS clause, the product offered will be assumed to fully meet the applicable specification(s).

(DESC 52.246-9FT5)

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)

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)

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 LIST OF INSPECTION OFFICES FOR DESC CONTRACTS (DESC JAN 2009)

The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DESC contracts in a particular geographic area. These contracts include, but are not limited to, those for bulk petroleum products and additives, into-plane refueling, petroleum storage and laboratory services, coal, aerospace energy (including compressed gases), and posts, camps, and stations. The area of inspection responsibility and corresponding office code are assigned in paragraphs (a) and (b). The address and phone number of each inspection office by office code is provided in paragraph (c). Unless a particular inspection office is identified in another part of the contract, the assignments in this clause shall apply.

(a) AREAS OF RESPONSIBILITY AND OFFICE CODES WITHIN THE CONTINENTAL UNITED STATES

(CONUS):

Alabama 110 Maine 110 Oklahoma 110 Arizona 120 Maryland 110 Oregon 120 Arkansas 110 Massachusetts 110 Pennsylvania 110 California 120 Michigan 110 Rhode Island 110 Colorado 120 Minnesota 110 South Carolina 110 Connecticut 110 Mississippi 110 South Dakota 110 Delaware 110 Missouri 110 Tennessee 110 District of Columbia 110 Montana 120 Texas 110 Florida 110 Nebraska 110 Utah 120 Georgia 110 Nevada 120 Vermont 110 Idaho 120 New Hampshire 110 Virginia 110 Illinois 110 New Jersey 110 Washington 120 Indiana 110 New Mexico 120 West Virginia 110 Iowa 110 New York 110 Wisconsin 110 Kansas 110 North Carolina 110 Wyoming 120 Kentucky 110 North Dakota 110 Louisiana 110 Ohio 110

EXCEPTIONS:

(1) The El Paso, Texas, area is assigned to Code 120 (DESC Americas – West).

(2) The Newcastle, Wyoming, area is assigned to Code 110 (DESC Americas – East).

(b) AREAS OF RESPONSIBILITY AND OFFICE CODES OUTSIDE THE CONTINENTAL UNITED STATES

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 2001 Egypt 4001 Maldives 300 South America 110 Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/1202 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300

China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 420

[1] Except for Egypt, which is assigned to DESC Middle East (Code 400), all other countries in Africa fall under DESC Europe (Code 200).

[2] The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DESC Americas East (Code 110). The rest of Canada falls under DESC Americas West (Code 120).

(c) INSPECTION OFFICES AND CODES.

110. DESC Americas East 3 ATTN: Quality Manager Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883, ext. 162/161/160

FAX: (713) 718-3891

120. DESC Americas West 3 ATTN: Quality Manager 3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DESC Europe 3 Mailing Address:

DESC Petroleum Lab ATTN: Quality Manager

CMR 422

APO AE 09067-0422

[Location: Kaiserslautern, Germany] Phone: 49-631-3406-2285/2286 4

FAX: 49-631-3406-2289 4

Shipping Address:

DESC Petroleum Lab ATTN: Quality Manager Rhine Ordinance Barracks , Bldg 320 Am Opelkreisel 67663 Kaiserslautern, Germany

300. DESC Pacific 3 ATTN: Quality Manager 1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DESC Middle East 3 ATTN: Quality Manager PSC 451, Box DESC-ME

FPO AP 09834-2800

[Location: Juffair, Bahrain] Phone: 973-17-85-4658/4665 4

FAX: 973-17-85-4670 4

[3] Designated location of the DESC Regional Quality Manager/Pre-Award Survey Monitor.

[4] Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

(DESC 52.246-9F40)

E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) (DESC JUL 2008)

(a) Provide the name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished, and identify the filling points as primary or secondary.

NAME, COMPLETE ADDRESS

AND TELEPHONE NUMBER OF

PRODUCT MANUFACTURING POINT/FILLING POINT

(b) Suppliers that list primary and alternate manufacturing/filling points for supporting the same requirement shall provide a 30 calendar day notice to the Government prior to offering an initial shipment from an alternate manufacturing/filling point.

(c) For f.o.b. origin shipments, the contract price shall not be adjusted if a Contractor uses a different fill location other than the primary fill point during contract performance. However, if the use of the alternate fill point results in increased costs to the Government, such as transportation costs, the Contractor agrees to reimburse the Government for those increased costs.

(DESC 52.246-9F51)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004)

(a) The Government may, at it’s 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)

F7 DELAY OF CARRIER EQUIPMENT (DETENTION) (AEROSPACE ENERGY) (DESC APR 2006)

Detention charges at the Contractor’s facility for delay of the carrier’s equipment in excess of the carrier’s tariff/tender allowable free time is to be documented on the carrier’s Transport Equipment Delay Certificate. Both the carrier driver and the Contractor must sign the certificate. Documentation shall include the time and date the carrier driver arrived, the time and date the carrier driver departed, and the reason(s) for the delay. Documentation shall be provided to the carrier driver prior to his departure from the facility.

(DESC 52.247-9FP7)

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…