RFP 10-R-0301_conformed(9Dec).pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF 47

SP0600-09-1231

2.CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

SP0600-10-R-0301 2 November 2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

b. TELEPHONE NUMBER (No collect calls)

8.OFFER DUE DATE/

LOCAL TIME

KENNETH MARSH 210-925-2427

1:00 PM CST

15 January 2010

9. ISSUED BY CODE SP0600 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

DEFENSE ENERGY SUPPORT CENTER (DESC-MK)

BLDG 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226-1859

KENNETH MARSH 210-925-2427

E-MAIL: kenneth.marsh@dla.mil

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)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16.ADMINISTERED BY CODE

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

(INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DESC

JUN 2009)

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a.PAYMENT WILL BE MADE BY CODE HQ0104

DEFENSE FINANCE AND ACCOUNTING SERVICE

COLUMBUS CENTER

ATTN: DFAS/BVDFB (AEROSPACE ENERGY)

P. O. BOX 182317

COLUMBUS, OH 43218-2317

TELEPHONE NO.

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

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

SP0600-10-R-0301

Conformed

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: _______________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

36.PAYMENT

COMPLETE PARTIAL FINAL

37.CHECK NUMBER

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

PART I – SF 1449 CONTINUED

IMPORTANT NOTICES TO OFFERORS:

1. The Government plans to award a three-year two

-month Firm Fixed-Price Requirements-Type contract for Liquid Nitrogen, Type II, Grade B 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 AUG 2009), and all offers will be evaluated in accordance with Clause M2.14 EVALUATION – COMMERCIAL

ITEMS (AEROSPACE ENERGY) (DESC AUG 2009).

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

4. For questions regarding Small Business or Small Disadvantage Business affairs, offerors are directed to Ms. Lula Manley of the DESC Small Business Office at 1- 800-523-2601 or 703-767-9465.

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

Department of Defense Defense Energy Support Center Attn: Kenneth Marsh DESC-MK, Bldg 1621 1014 Billy Mitchell Blvd San Antonio, Texas 78226

6. SITE VISIT: Offerors interested in attending a site visit are reminded that site visits shall be conducted in accordance with the RFP Clause entitled SITE VISIT (L54.02). A specific date and time for the site visit will be established, if requested by potential offerors.

PART I – SF 1449 CONTINUED

SOLICITATION FORMAT

CLAUSE NUMBER

PAGE

SCHEDULE OF SUPPLIES/SERVICES

B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) 6

(DESC JUN 2009)

DESCRIPTION/SPECIFICATIONS

STATEMENT OF OBJECTIVES 8-13

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) 13

PACKAGING AND HANDLING

D10 PACKAGING REQUIREMENTS (AEROSPACE ENERG)

(DESC MAR 2009) 13

http://www.ccr.gov/index.cfm�

INSPECTION AND ACCEPTANCE

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY)

(DESC APR 2006) 13-14

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004) 14

E22 LIST OF INSPECTION OFFICES FOR DESC CONTRACTS 14-16

(DESC JAN 2009)

E33.10 MANUFACTURING AND FILLING POINTS (DESC JUL 2008) 17

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC OCT 2009) 17-18

DELIVERIES AND PERFORMANCE

F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, 18-19

CRYOGENICS AND GASES) (AEROSPACE ENERGY) (DESC APR 2006)

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY)

(DESC APR 2006) 19

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

DETENTION RATES (AEROSPACE ENERGY) (DESC DEC 2007) 19

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC MAY 2009) 19

CONTRACT ADMINISTRATION DATA

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY)

(DESC AUG 2009) 20

PART II – CONTRACT CLAUSES

I1.03-14 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS IBR

(AEROSPACE ENERGY) (DESC MAR 2009)

ADDENDUM to I1.03-14 [FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAR 2009)]

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

(DESC JAN 2003) 21-22

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE 22

– COMMERCIAL ITEMS (DESC FEB 1996)

I28.01 FEDERAL, STATE, AND LOCAL TAXES (DESC AUG 2003) (DEVIATION) 22-23

I190.06 MATERIAL SAFETY DATA SHEET – COMMERCIAL ITEMS 23

(DESC MAR 2000)

I209.09 EXTENSION PROVISIONS (DESC JUL 2009) 23

I260 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES

(DESC OCT 2004) 23

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2009) 23-27

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009) 27-28

PART III – LIST OF CONTRACT DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Performance Specification IAW MIL-PRF-27401F, 10 JAN 2008 Attachment 1

H-14, Transport Equipment Delay Certificate Attachment 2

Contractor Past Performance Data Sheet Attachment 3

Small Business Subcontracting Plan Attachment 4

PART IV – SOLICITATION PROVISIONS

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

ADDENDUM TO L2.05 [FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2008)]

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 29

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 29

L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DESC AUG 2009) 30-33

L54.02 SITE VISIT (AEROSPACE ENERGY) (DESC APR 2006) 33

EVALUATION – COMMERCIAL ITEMS

M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DESC AUG 2009) 33-35

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – 36-44

COMMERCIAL ITEMS (ALTS I/II) (AUG 2009/APR 2002/OCT 2000)

ADDENDUM TO K1.01-10

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

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – 45

COMMERCIAL ITEMS (JUNE 2005)

K15 RELEASE OF UNIT PRICES (DESC MAR 2009) 45

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 45

K45.04 FACSIMILE INVOICING (DESC JUL 1998) 46

K94 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008) 46-47

B1.09-2 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

(1) [X] This is a REQUIREMENTS-TYPE contract. The Government agrees to order from the Contractor and the if the applicable box is checked:

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) [ ] 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 clause [or clauses], as contained in the solicitation and any resultant contract. See Clause [buyer fills in the appropriate EPA clause or clauses].

(6) [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

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

(8) [ ] 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) ________________________________________.

(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)

ITEM SUPPLIES/SERVICES ESTIMATED UNIT PRICE

TOTAL

QTY/UNIT

AMOUNT

0001 LIQUID NITROGEN, TYPE II, GRADE B

IAW MIL-PRF-27401F, 10 JAN 2008

NSN: 9135-00-965-2526

DELIVERED FOB DESTINATION TO

DEPARTMENT OF ENERGY’S (DOE)

NATIONAL NUCLEAR SECURITY

ADMINISTRATION’S (NNSA), 2009 EAST 95TH ST

KANSAS CITY PLANT, KANSAS CITY, MO.

0001AA YEAR ONE 9,800 TNS $__________ $__________

1 AUG 2010 THROUGH 30 JUL 2011

0001AB YEAR TWO 9,800 TNS $__________ $__________

1 AUG 2011 THROUGH 30 JUL 2012

0001AC YEAR THREE 5,000 TNS $__________ $__________

1 AUG 2012 THROUGH 30 JUL 2013

0001AD YEAR FOUR 750 TNS

1 AUG 2013 THROUGH 30 SEP 2013

0002 DETENTION COST, ESTABLISHED PER

IAW CLAUSE F3.10 TRANSPORTS ¼ hr. $__________

TRUCK AND/OR TRUCK AND TRAILER

FREE TIME AND DETENTION

RATES (AEROSPACE ENERGY) (DESC APR 2006)

0003 SERVICE – TANK INSTALLATION 4 EACH $__________

IAW STATEMENT OF OBJECTIVES

PARAGRAPH 16.

0004 SERVICE – TANK REMOVAL IN 4 EACH $__________

SUPPORT 0F 9135-00-965-2526,

IAW STATEMENT OF OBJECTIVES

PARAGRAPH 16.

TANKS SHALL BE

INSTALLED/TESTED AND READY BY 31 JUL 10.

0005 SERVICE, TANK AND

EQUIPMENT LEASE, IN

SUPPORT OF 9135-00-965-2526

IAW STATEMENT OF OBJECTIVES

PARAGRAPHS 8 AND 12.

0005AA TANK ONE 38 MONTHS

13,000 GALLONS/43 TONS

$________MO $__________

LINE PRESSURE: 100 PSGI

0005AB TANK TWO 38 MONTHS

13,000 GALLONS/43 TONS

$________MO $__________

LINE PRESSURE: 100 PSGI

0005AC TANK THREE 38 MONTHS

11,000 GALLONS/37 TONS

$________MO $__________

LINE PRESSURE: 100 PSGI

0005AD TANK FOUR 38 MONTHS

11,000 GALLONS/37 TONS

$_________MO $__________

LINE PRESSURE: 250 PSGI

0006 SERVICES – UP TO 40 DEWARS LEASE

IAW STATEMENT OF OBJECTIVES

PARAGRAPH 8E.

0006AA YEAR ONE 12 MONTHS $________MO $__________

1 AUG 2010 THROUGH 30 JUL 2011

0006AB YEAR TWO 12 MONTHS $________MO $__________

1 AUG 2011 THROUGH 30 JUL 2012

0006AC YEAR THREE 12 MONTHS $________MO $__________

1 AUG 2012 THROUGH 30 JUL 2013

0006AD YEAR FOUR 2 MONTHS

$_________MO $__________

1 AUG 2013 THROUGH 30 SEP 2013

SHIP TO: DEPARTMENT OF ENERGY’S (DOE) NATIONAL NUCLEAR SECURITY ADMINISTRATION’S (NNSA)

2009 EAST 95TH ST , KANSAS CITY PLANT, KANSAS CITY, MO.

DESCRIPTION/SPECIFICATIONS

STATEMENT OF OBJECTIVES/WORK AND/OR SPECIFICATIONS

1. DESCRIPTION OF REQUIREMENT: The Defense Energy Support Center (DESC), Defense Logistics Agency (DLA), as the Department of Defense (DOD) Integrated Materiel Manager (IMM) for Aerospace Energy products and related services, requires production and delivery of Liquid Nitrogen (LN2) to the Department of Energy’s (DOE) National Nuclear Security Administration’s (NNSA) Kansas City Plant operated by Honeywell Federal Manufacturing & Technologies (FM&T), LCC., Kansas City, MO. The Contractor shall provide all supplies, management, tools, equipment and labor necessary for the manufacture and delivery of LN2 to the customer location designated in the schedule. All deliveries shall be FOB Destination into four Contractor-provided tanks. The Contractor shall provide a minimum of up to 40

2.

portable LN2 dewars, and provide Gaseous Nitrogen (GN2) vaporization equipment system and maintain the GN2 vaporization equipment as outlined in this document.

PRODUCT SPECIFICATION AND TESTING REQUIREMENTS

a. LN2 shall conform to the requirements of Type II, Grade B of specification MIL-PRF-27401F, Propellant Pressuring Agent, Nitrogen, dated 10 Jan 08 with the following exceptions: the dew point shall be a maximum of -80° F and the moisture content shall be a maximum of 8 parts per million (ppm). The optional specification tests for argon, carbon dioxide, carbon monoxide and particulate content are NOT required.

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-QT/QA within three days after the analysis of that sample. The analysis report shall be e-mailed to tech.prop@dla.mil or faxed to the attention of DESC-QA/QT at (210) 925-8048.

3. PRODUCT DELIVERY HOURS

: Routine deliveries are scheduled by Contractor telemetry and shall arrive between 7:00 a.m. and 3:00 p.m., seven days per week. There may be instances when to avoid a work stoppage, deliveries may need to be made outside of the above mentioned timeframe. The normal turnaround time within the plant is approximately 3 hours.

4. DELIVER PRODUCT TO

Department of Energy’s (DOE) National Nuclear Security Administration’s (NNSA) mailto:tech.prop@dla.mil�

2009 EAST 95TH ST

Kansas City Plant, Kansas City, MO.

a. Site 1 is located north of the main plant building. Entrance to Site 1 is located off Troost Avenue on an internal road through a security guard post.

b. Site 2 is located east of the Manufacturing Support Building. Entrance to Site 2 is located off Bannister Road through a security guard post.

5. INSPECTION AND ACCEPTANCE:

Quantity determination and acceptance shall be at destination.

6. METHOD OF MEASUREMENT

: Delivery conveyance shall have a calibrated flow meter for determining quantities at delivery points. No seals are required on the delivery conveyance.

7. PRODUCT ORDERS

: Delivery Orders (DD Form 1155) shall be issued by the DESC Contracting Officer IAW Clause I211, ORDERING. The individual orders placed by the ordering officer will designate the specific quantity to be delivered at the customer location specified in the contract.

8. DESCRIPTION OF CONTRACTOR-PROVIDED TANKS AND EQUIPMENT: LN2 Storage tank location and capacities are currently as follows:

Location Number of Tanks Storage Capacity (gallons/tons) MAWP**

Site 1 2 ea 13,000 gallons (approx 43 tons) 100 psig Site 2 1 ea 11,000 gallons (approx 37 tons) 100 psig Site 2 1 ea 11,000 gallons (approx 37 tons) 250 psig

**MAWP (Maximum Allowable Working Pressure)

a. Storage Tanks:

SITE 1: The Contractor shall provide, as a minimum, the equivalent of two 13,000-gal LN2 (100 psig) vacuum jacketed storage tanks to be located on a pad outside the plant main building, north of plant column AA-38 (Ref. Para. 9. a.). However, total storage capacity must be a minimum of 3 days supply or approximately 22,000 gallons of LN2.

SITE 2: The Contractor shall provide as a minimum the equivalent of one 11,000-gal LN2 (100 psig) vacuum jacketed storage tank and one 11,000-gal LN2 (250 psig) vacuum jacketed storage tank. The tanks are to be located on the existing concrete pads (Ref. Para. 9.b).

b. Storage tank primary color shall be white.

c. The tank systems shall include all hardware necessary to support LN2 and GN2 delivery system pressurization and shall provide the following alarms and reporting points: low liquid levels, low pressure levels, equipment failures, storage tank pressure and tank over pressurization. The tank systems shall also include level and pressure monitoring gauges such as storage pressure, pressure regulation, and transfer to vaporizer(s). Level settings shall be established by Honeywell FM&T at post-award.

d. Contractor shall provide LN2 pumps and a control system at Site 1 to allow for in-plant filling of portable liquid cylinders at the existing dewar fill station.

e. Contractor shall provide up to 40 each GP-45 or MP-180 portable or equivalent LN2 dewars to be used and filled by the Customer’s personnel inside the facility. Portable LN2 dewars shall be capable of supplying both LN2 and GN2, have dual supply relief valves set at 250 and 22.5 psig, have integral transportation handling brackets and have a diameter of 20.0 inches. Capacity for the GP-45 is 3,640 scf and 4,110 scf for the MP-180.

f. Contractor shall label storage equipment system with a minimum of the following labels:

1) MSDS hazard label

2) First aid warning label

3) Contents gauge chart label

4) System flow diagrams

5) Filling instructions to drivers including pressures and levels

6) Ordering information including contact names and phone numbers

7) Service information label including tank pressures, line pressures, pressure building set point pressure, and inspection dates

8) Emergency repair contact names and phone numbers

9) Contents gauge conversion chart

10) Valve and line labels for liquid lines, gas lines, blow down lines, economizer lines, and trycock lines

g. Contractor shall provide an emergency fill connection at the vaporizer side of each tank system. The connection shall accommodate NI-50 standard tanker truck hose connections and liquid dewar connection, CGA-295-0.750”-16 UNF 2A RH EXT. THREAD, (SAE 1/2” flare).

h. Contractor shall provide high pressure gas storage at Site 1. This storage system shall be capable of providing a minimum supply of

82,000 scf of gas to the plant in the event of a power failure.

9.

SITE DESCRIPTION:

a. SITE 1: This site consists of a blacktop area approximately 35’ x 80’ with a 14’ x 14’ x 15” concrete pad. Access to this area is limited by an approximately 18’ wide security gate. The site is bounded on the east by a liquid CO2 storage tank site, on the south by assorted piping support towers and on the west by a wall and piping support towers approximately 23’ from the existing pads.

The area is also bounded by safety egress corridors and a contractor elevator access driveway, which must be kept clear at all times.

This area is currently occupied by the existing nitrogen system 1, which would require removal before a different installation could be made.

b. SITE 2: This site consists of a concrete area approximately 15’ x 40’ with concrete foundation pads measuring 12’ x 12’ x 12” and 12’ x 16’ x 15”. Access to this area is limited by an approximately 20’ wide by 14’ high security gate. The site is bounded on the south by a liquid CO2 storage tank site and on the west and north by walls. This area is currently occupied by the existing nitrogen system 2, which would require removal before a different installation could be made.

10.

LIQUID NITROGEN SUPPLY

a. Contractor shall provide a supply of LN2 to the storage tanks to insure a continuous supply of uncontaminated nitrogen gas to the plant nitrogen supply system, 24 hours per day, 7 day per week, 52 weeks per year. Interruption of supply to the plant distribution systems is unacceptable.

b. Redundancy and excess capacity shall be provided where required to insure supply remains uninterrupted. The storage capacity at each site shall provide a minimum of three days supply of product. Contractor’s tank sizing shall be specified in offeror’s proposal.

c. The Contractor shall include automatic liquid level monitors on the storage tanks which will report the tank levels automatically by telephone lines to the Contractor’s delivery scheduling center. The monitors will allow the Contractor to schedule product deliveries and prevent depletion of product supply. Monitoring shall also automatically report to Contractor equipment failure alarms, storage vessel pressures, plant incoming line pressure, storage vessel over pressure and supply line flow rates.

11.

MATERIAL REQUIREMENTS

a. Contractor shall supply GN2 at a pressure of 225 psig at Site 1 and 175 psig at Site 2 at 70° F to the plant piping system. The Site 1 plant piping connection is a 2-1/2”, schedule 80, black iron pipe with standard 4 hole, raised face, flange fitting. The Site 2 plant piping connection is a 1-1/2”, schedule 80, black iron pipe terminating with a 1-1/2” NPT stub.

b. Storage capacity:

(1) Site 1 storage capacity of LN2 shall be sized for 20,535,000 scf per mo.

(2) Site 2 storage capacity of LN2 shall be sized for 2,000,000 scf per mo.

c. Peak liquid flow:

(1) Site 1 liquid supply shall be capable of a peak flow rate of 18,000 scfh (193 liq. gal/hr).

(2) Site 2 liquid supply shall be capable of a peak flow rate of 2,000 scfh (21 liq. gal/hr).

d. Peak gas flow:

(1) Site 1 gas supply shall be capable of a peak flow rate of 30,000 scfh. The average gas flow rate is estimated to be 24,000

SCFH.

(2) Site 2 gas supply shall be capable of a peak flow rate of 3,000 scfh.

e. Installation and start up test requirements: Customer’s Materials Test Lab technicians shall test and the Customer’s Utility

Engineer shall approve the quality of the nitrogen in every system, temporary or permanent, prior to any connection to the plant distribution systems. General Eastern chilled mirror hygrometers calibrated to a -80° F/-62° C dew point will be used by the Customer’s technicians to assure the moisture content is a maximum of 8 ppm prior to any connection to the plant distribution systems. Customer’s personnel shall verify hydrocarbon content per MIL-PRF-27401F. Any system or sub-system to be connected to the plant piping system shall be evacuated, purged, tested, and accepted by the Customer’s lab technicians and Utility Engineer prior to opening the valve to the plant distribution piping systems. Tests shall be repeated on the plant system immediately after connection.

12.

CONTRACTOR SUPPLIED VAPORIZATION EQUIPMENT SYSTEM

a. Contractor shall provide all GN2 vaporization equipment necessary to convert the LN2 from the storage system to a gaseous state at 700 psig and ambient temperature at Site 1 and 250 psig and ambient temperature at Site 2.

b. Vaporizers shall be of the ambient air convective type of sufficient capacity and capability to prevent excessive ice buildup.

c. Contractor shall provide a nitrogen gas regulator station to reduce the delivery pressure to 225 psig at Standard Temperature and

Pressure (STP) and a flow rate of 0 to 30,000 scfh minimum at Site 1. At Site 2 the requirement is for a delivery pressure of 175 psig at STP and a flow rate of 0 to 3,000 scfh minimum. Regulator stations shall provide capability redundancy in the form of two parallel regulator circuits.

d. Contractor shall provide gas flow rate and accumulated volume flow meters and low-pressure alarm sensors as part of the system.

Sensors shall provide an isolated, analog 4-20 mA, 0-10 volt output signal that is directly proportional to the flow rate and pressure ranges, and suitable for input to the Customer’s Direct Digital Control System panel. Meters shall have direct visual read-out capability.

e. Contractor shall provide gas test ports at the supplier side of the main isolation valves at both sites. Test ports shall consist of an isolation valve, a pressure gage and a 1/4” male SWAGELOK QC-4 quick disconnect fitting.

f. Contractor shall provide an emergency gas trailer connection at the gas supply manifold at both sites.

13.

CONTRACTOR’S EQUIPMENT REQUIREMENTS

a. Contractor’s equipment and installation shall meet all construction codes and standards currently in effect at the site including seismic codes as specified in the Honeywell Construction Safety Manual, KCD – 2570.

b. The Contractor shall supply Customer with shop drawings indicating the location of anchor bolts for securing the tanks, physical dimensions of the tanks and the weight of the tanks filled and empty. Contractor shall provide any necessary pad extensions or pad improvements at no additional cost to the Customer.

c. The tanks, supports and pads shall be designed to resist forces for gravity, wind and seismic loads in accordance with the latest edition of the Uniform Building Code. Calculations shall be performed and stamped by a licensed / Registered Professional Engineer.

d. All tanks shall be ASME pressure vessels and shall be submitted with calculations verifying the structural reactions of the tanks are in accordance with International Union of Architects requirements (UIA form). Calculations shall be performed and stamped by a licensed / Registered Professional Engineer. The Contractor shall include reactions for the design of anchorage to Customer supplied foundations for all load cases.

e. Contractor must supply, install and maintain at no additional cost to the Government, equipment as specified. Successful Contractor shall supply all equipment in full operational status and product delivery upon effective date of contract.

f. Contractor’s equipment shall remain the property of the Contractor and shall be removed within 30 days after termination of the contract, in full cooperation with the succeeding contractor and Customer so as to avoid interruption of product supply.

g. Contractor shall inspect equipment as required to keep the system adequately maintained. Inspection result logs shall be maintained and made available to Customer upon request.

h. Contractor shall maintain all equipment provided by them on the Honeywell site at Contractor’s expense. Contractor’s equipment shall be kept in good operating condition and appearance Contractor shall maintain a current record of all maintenance activities and system problems and failures.

i. Contractor shall be capable of providing service personnel on a 24-hour per day basis. A response time of not more than five hours from receipt of automatic alarms or verbal notification shall be provided.

j. Contractor shall insert below the telephone numbers and names of personnel to be contacted in the event of an emergency and shall be responsible for keeping Customer informed of changes in this data:

NAME

TELEPHONE NUMBERS

EMERGENCY, 24 HOUR SERVICE

PRODUCT ORDERING & DELIVERY

CONTRACTOR’S AREA MANAGER

CORPORATE OFFICE CONTACT

k. Contractor-supplied equipment shall be provided with over pressure protection and all safety devices required by OSHA regulations, including electrical shock. All moving parts shall be protected with properly designed guards.

14.

CUSTOMER SUPPLIED SERVICES

a. Customer shall supply electricity, steam and water utility services at the site as required. Water shall NOT be used as a heat source for vaporization. All equipment shall be designed and installed to minimize Customer’s utility service consumption. Each service shall terminate at a single point at each site and the Contractor shall continue the service to the local use point(s).

b. Electricity: 480 volt, 3 phase, 50 amp. service will be provided. Any reduced voltage shall be the responsibility of the Contractor through secondary distribution load centers. All electrical service shall meet National Electric Codes (1999 or latest edition).

c. Water: If required, city water can be made available. Water temperature ranges from 40° F in the winter to 80° F in the summer.

Available pressure is 70 psig.

d. Steam: If required, steam can be made available for emergency use only at a pressure of 30 psig.

e. Storage Site Pads: Customer shall provide support pads as they currently exist at each storage site (Ref. Para. 9 above). Contractor shall provide at no additional cost to Customer any necessary pad extensions or pad improvements required to support the equipment.

f. Alarm point-wiring connections: Customer shall provide connection points to Customer’s Direct Digital Control alarm system.

Contractor provided alarm points shall be normally closed so that contacts will be open in the alarm condition. (Contacts will open in the event of a power failure.)

15.

CONTRACTOR SUPPLIED TEMPORARY SERVICE

a. Contractor shall install two temporary LN2 and GN2 supply systems if necessary to preclude interruption of product services to the plant during change out of equipment.

b. There shall be no interruption of nitrogen services to the plant at any time.

16. INSTALLATION, MAINTENANCE AND REMOVAL OF CONTRACTOR PROVIDED TANKS AND EQUIPMENT:

Contractor shall install their Contractor provided tanks/equipment on existing concrete pads, within the existing footprints, prior to the start of contract performance. The Contractor shall also perform all inspections and maintenance of Contractor provided tanks/equipment to assure system provides safe and uninterrupted support. Contractor provided tanks/equipment shall be removed by the Contractor within 30 calendar days after the end of the contract. The Contractor will coordinate with the current supplier to effect removal of current equipment and installation of new equipment, or to retain the current equipment. The Contractor may be required to provide a temporary system during change out of existing system or tanks to eliminate any delay in supply of product.

17. SECURITY REQUIREMENTS

: Contractor’s personnel working at or making deliveries to the DOE NNSA Kansas City Plant must be United States citizens, have a valid driver’s license or other photo proof of identification, and must check through the main security post (Main Guard Gate (816) 997- 3721 / Patrol Headquarters (816) 997-3601).

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; supplemental 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 MAR 2009)

(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-STD-147, Department of Defense Standard Practice, Palletized Unit Loads.

(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)

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

LIQUID NITROGEN, TYPE II, GRADE B

IAW MIL-PRF-27401F, 10 JAN 2008

NSN: 9135-00-965-2526

DELIVERED FOB DESTINATION TO KANSAS CITY, MO

(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 OCT 2009)

(a) DEFINITION: As used in this clause:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next Defense Energy Support Center (DESC) business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) 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.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DESC CONTRACTS or QUALITY REPRESENTATIVE clause of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, 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 an agreement to pay an equitable price reduction, estimated and proposed by DESC, over and above the administrative fee, contingent on the impact of the specific circumstances on DESC relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DESC business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping 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.

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

(5) 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), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.

(d) 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 OF SERVICES – FIXED PRICE, 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.

(e) 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.

(f) 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…