TAFB Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF 41

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

SP0600-10-R-0308

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

b. TELEPHONE NUMBER (No collect calls)

8.OFFER DUE DATE/

LOCAL TIME

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

E-MAIL:

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 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

BETTY J.HOGE

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

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48CFR) 53.212 mailto:Jeffrey.Bell@dla.mil

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text 18 Feb 10/1200

FXS0199

Typewritten Text 26 Jan 10

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text 210-925-2456

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text Roman Bernal

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text

FXS0199

Typewritten Text roman.bernal@dla.mil

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 four (4) year six (6) month Firm Fixed-Price Requirements-Type contract for Liquid

Oxygen, Type II, Grade A, Liquid Nitrogen, Type II, Grade L, and Gaseous Hydrogen, Type I, Grade L 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 JUN 2009).

3. Central Contractor Registration (CCR) is required and is available at www.ccr.gov/index.cfm or 1-866-606-8220

4. For questions regarding Small Business or Small Disadvantage Business affairs, offerors are directed to Ms. Joan Turrisi of the DESC Small Business Office at 1- 800-523-2601 or 703-767-9400.

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

Department of Defense

Defense Energy Support Center

Attn: Jeffrey Bell

DESC-MK, Bldg 1621

1014 Billy Mitchell Blvd

San Antonio, Texas 78226

SOLICITATION FORMAT

CLAUSE NUMBER PAGE

SCHEDULE OF SUPPLIES/SERVICES

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

ENERGY) (DESC JUN 2009)

DESCRIPTION/SPECIFICATIONS

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) 9

PACKAGING AND HANDLING

D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) 9

(DESC MAR 2009)

D15 CONTRACTOR SEALS REQUIREMENT (AEROSPACE ENERGY) (DESC 9

OCT 2006)

INSPECTION AND ACCEPTANCE

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES 9

(AEROSPACE ENERGY) (DESC APR 2006)

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004) 10

E22.01 QUALITY REPRESENTATIVE (DESC JAN 1992) 10

E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) 11

(DESC JUL 2008)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC JAN 2004) 11

DELIVERIES AND PERFORMANCE

F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS 12

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

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) 13

(DESC APR 2006)

F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND 13

DETENTION RATES (AEROSPACE ENERGY) (DESC DEC 2007)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC MAY 2009) 14

CONTRACT ADMINISTRATION DATA

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) 14

(DESC AUG 2009)

PART II – CONTRACT CLAUSES

I1.03-14 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 15

(AEROSPACE ENERGY)(DESC MAR 2009)

ADDENDUM TO I1.03-1 (FAR 52.212-4)

STATEMENT OF OBJECTIVES 15

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

(DESC JAN 2003)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE– 18

COMMERCIAL ITEMS (DESC FEB 1996)

I190.06 MATERIAL SAFETY DATA SHEET – COMMERCIAL ITEMS 18

(DESC MAR 2000)

I209.09 EXTENSION PROVISIONS (DESC JUL 2009) 18

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 18

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2009)

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 22

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009)

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

Product Pressure & Flow Rate /Tank Description Attachment 1 24

Past Performance Data Sheet Attachment 2 24

Transport Equip Delay Cert H-14 Attachment 3 24

MIL-PRF-25508G Attachment 4 24

CGA G10.1-2008 Attachment 5 24

CGA G-5.3-2004 Attachment 6 24

PART IV – SOLICITATION PROVISIONS

L2.05 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (JUN 2008) 24

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 24

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 24

L54.02 L54.02 SITE VISIT (AEROSPACE ENERGY) (DESC APR 2006) 25

L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) 25

EVALUATION – COMMERCIAL ITEMS

M2.14 EVALUATION–COMMERCIAL ITEMS (AEROSPACE ENERGY) 28

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS 30

COMMERCIAL ITEMS (ALTS I/II) (AUG 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) 40

K1.05 OFFEROR REPRESENTATIONS AND CERTIFICATIONS 40

COMMERCIAL ITEMS (JUNE 2005)

K15 RELEASE OF UNIT PRICES (DESC MAR 2009) 41

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 41

K45.04 FACSIMILE INVOICING (DESC JUL 1998) 41

PART I – SF 1449 CONTINUED

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 if the applicable box is checked:

(1) [X] This is a REQUIREMENTS-TYPE contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the DESC

Contracting Officer during the contract period, all items awarded under this contract, as allowed by the REQUIREMENTS clause. A Blanket Delivery Order is considered ―an order‖, for the purposes of this clause.

(2) [ ] This is an INDEFINITE DELIVERY/INDEFINITE QUANTITY contract. The

Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the Contracting Officer during the contract period, at least the quantity of supplies or services designated in the Schedule as the ―minimum‖, as allowed by the INDEFINITE QUANTITY clause. A Blanket Delivery Order is considered

―an order‖, for the purposes of this clause

(3) [ X ] Orders issued by the Ordering Officer at the destination location are considered extensions of the Blanket Delivery Order issued by the DESC Contracting Officer and, as such, may be issued orally, by facsimile or by electronic commerce methods, as allowed by the ORDERING clause.

(4) [ X ] The unit prices specified below shall be fixed for the term of the contract.

(5) [ ] The prices paid shall be the unit prices specified in subsequent price change

(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, 0002, 0003, and 0006.

(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)

SCHEDULE OF SUPPLIES/SERVICES

ITEM SUPPLIES/SERVICES ESTIMATED UNIT PRICE TOTAL

QTY/UNIT AMOUNT

0001 LIQUID OXYGEN, TYPE II, GRADE A

IAW MIL-PRF-25508G, 21 NOV 2006

NSN: 9135-00-965-2527

DELIVERY: FOB DESTINATION

TO TINKER AFB, OK

0001AA Contract Period 1 (1 Apr 2010 – 31 Mar 2011) 102 TNS __________ __________

0001AB Contract Period 2 (1 Apr 2011 – 31 Mar 2012) 102 TNS __________ __________

0001AC Contract Period 3 (1 Apr 2012 – 31 Mar 2013) 102 TNS __________ __________

0001AD Contract Period 4 (1 Apr 2013 – 31 Mar 2014) 102 TNS __________ __________

0001AE Contract Period 5 (1 Apr 2014 – 30 Sep 2014) 51 TNS __________ __________

0002 LIQUID NITROGEN, TYPE II, GRADE L

IAW CGA G10.1-2008

NSN: 6830-01-526-5162

0002AA Contract Period 1 (1 Apr 2010 – 31 Mar 2011) 36 TNS __________ __________

0002AB Contract Period 2 (1 Apr 2011 – 31 Mar 2012) 36 TNS __________ __________

0002AC Contract Period 3 (1 Apr 2012 – 31 Mar 2013) 36 TNS __________ __________

0002AD Contract Period 4 (1 Apr 2013 – 31 Mar 2014) 36 TNS __________ __________

0002AE Contract Period 5 (1 Apr 2014 – 30 Sep 2014) 18 TNS __________ __________

0003 GASEOUS HYDROGEN, TYPE I, GRADE L

IAW CGA G-5.3-2004

NSN: 6830-01-578-8762

0003AA Contract Period 1 (1 Apr 2010 – 31 Mar 2011) 3,150 MC __________ __________

0003AB Contract Period 2 (1 Apr 2011 – 31 Mar 2012) 2,880 MC __________ __________

0003AC Contract Period 3 (1 Apr 2012 – 31 Mar 2013) 2,880 MC __________ __________

0003AD Contract Period 4 (1 Apr 2013 – 31 Mar 2014) 2,880 MC __________ __________

0003AE Contract Period 5 (1 Apr 2014 – 30 Sep 2014) 1,440 MC __________ __________

0004 SERVICE: NON-RECURRING 4 EA __________ __________

Installation of Remote Monitoring

(Telemetry) Systems in support of

NSN: 9135-00-955-2527 (LOX) - (2 System)

NSN: 6830-01-526-5162 (LN2) – (1 Systems)

NSN: 6830-01-578-8762 (GH2) – (1 System)

IAW SOO paragraph 4.

0005 SERVICE: NON-RECURRING 4 EA __________ __________

Removal of Remote Monitoring

(Telemetry) Systems in support of

NSN: 9135-00-955-2527 (LOX) - (2 System)

NSN: 6830-01-526-5162 (LN2) – (1 Systems)

NSN: 6830-01-578-8762 (GH2) – (1 System)

IAW SOO paragraph 4.

0006 SERVICE: RECURRING

Monthly Lease/Service Fee for 4 Remote

Monitoring (Telemetry) Systems in support of

NSN: 9135-00-955-2527 (LOX) - (2 System)

NSN: 6830-01-526-5162 (LN2) – (1 Systems)

NSN: 6830-01-578-8762 (GH2) – (1 System)

IAW SOO (Paragraph 4)

(Monthly Lease/Service Fee includes all 4

Remote Monitoring (Telemetry) Systems)

0006AA Contract Period 1 (1 Jul 2010* – 31 Mar 2011) 9 MO __________ __________

* SEE NOTE # 1

0006AB Contract Period 2 (1 Apr 2011 – 31 Mar 2012) 12 MO __________ __________

0006AC Contract Period 3 (1 Apr 2012 – 31 Mar 2013) 12 MO __________ __________

0006AD Contract Period 4 (1 Apr 2013 – 31 Mar 2014) 12 MO __________ __________

0006AE Contract Period 5 (1 Apr 2014 – 30 Sep 2014) 6 MO __________ __________

0007 SERVICE: NON-RECURRING QTR HR __________

Detention Fee in support of

NSN 9135-00-965-2527

NSN 6830-01-526-5162

NSN 6830-01-578-8762

IAW Clause F3.10 (FOB Destination)

0008 SERVICE: NON-RECURRING EA __________

“HOT FILL” TANK

IAW SOO (Paragraph 3.5)

0009 SERVICE: NON-RECURRING PER __________

Delivery Fee for expedited delivery OCCURRENCE

IAW SOO (Paragraph 3.1.1)

Note #1: The performance period for SubCLIN 0006AA begins 1 Jul 2010, 90 days after contract performance begins, to allow time for installation of the telemetry systems. If the telemetry systems are installed and operational prior to 1

Jul 2010, the schedule will be modified to change the performance period, allowing the contractor to begin invoicing for payment. Or, if one or two or three of the telemetry systems are installed and operational prior to 01 Jul 2010, the schedule will be modified to change the performance period, allowing the contractor to invoice for payment, and in this case, the amount of the invoice shall be pro-rated based on the number of units in operation.

MC = Thousand Standard Cubic Feet

TNS = Tons

MO = Month(s)

IAW= In Accordance With

NSN= National Stock Number

DESCRIPTION/SPECIFICATION

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 1 st , November 1 st , January 1 st , March 1 st , and May 1 st

(DESC 52.246-9FT1)

PACKING 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)

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)

E22.01 QUALITY REPRESENTATIVE (DESC JUL 1992)

The Quality Office assigned inspection responsibility under this contract is __TO BE

DETERMINED AT TIME OF AWARD______________________________________.

(DESC 52.246-9F35)

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 OXYGEN, TYPE II, GRADE A

IAW MIL-PRF-25508G, 21 NOV 2006

NSN: 9135-00-965-2527

DELIVERED FOB DESTINATION TO TINKER AFB, OK

LIQUID NITROGEN, TYPE II, GRADE L

IAW CGA G10.1-2008

NSN: 6830-01-526-5162

GASEOUS HYDROGEN, TYPE I, GRADE L

IAW CGA G-5.3-2004

NSN: 6830-01-578-8762

(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 its discretion, accept nonconforming supplies or services. In such cases, the

Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(b) The following procedures shall be used to request a deviation or waiver to the applicable nonconformance(s).

A deviation is a request by a Contractor to deviate from the contract requirements after contract award, but prior to initial production of each product (for the duration of the contract). A waiver is a request by a

Contractor to deviate from the contract requirements after initial production or each product (on a case-by-case basis or for a set period).

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the Quality Representative (QR). Each request shall provide the following information: Contractor name; contract number; contract line item and product, if applicable; clause number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance;

and equitable price adjustment offered over the administrative fee. In extraordinary situations, the Contractor may initially submit the request for a waiver, not a deviation, through the cognizant QR to the Contracting

Officer or the Contracting Officer's Representative (COR) in the Quality Operations Division (DESC-BQ) of the Defense Energy Support Center (DESC). Extraordinary situation requests shall be submitted formally to the Contracting Officer prior to close of business of the next normal DESC workday (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). As used in this clause, the term extraordinary situation means the matter cannot await resolution until the next normal DESC workday. In addition, if either the

Contracting Officer or the COR cannot be reached, the Duty Officer shall be contacted and provided the necessary information to forward to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420; (DSN) 427-8420.

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

ITEMS clause of this contract.

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

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

(c) When notification of nonconforming supplies is received after the supplies have been accepted, and the

Government determines not to exercise its right to reject or to require correction under the INSPECTION OF

SUPPLIES – FIXED-PRICE, INSPECTION AND ACCEPTANCE OF SUPPLIES (SHIPS’ BUNKERS), or

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to—

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

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

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

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

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

(DESC 52.246-9FQ5)

DELIVERIES AND PERFORMANCE

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

ENERGY) (DESC APR 2006)

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

(1) DELIVERIES INTO OR BY PIPELINE.

(i) F.O.B. ORIGIN.

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

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

(ii) F.O.B. DESTINATION.

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

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

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

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

(2) DELIVERIES BY OTHER THAN PIPELINE.

(i) F.O.B. ORIGIN.

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

(at the Contractor's option) on the basis of--

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

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

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

(ii) F.O.B. DESTINATION.

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

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

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

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

(C) If the Government does not opt to perform quantity determinations at the destination (see

Schedule), the Contractor shall determine quantity on the basis of--

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

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

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

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

(DESC 52.211-9FB6)

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

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

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

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

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

(d) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of

Dangerous Goods by Air.

(e) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code

(for overseas shipments by vessel).

(DESC 52.247-9FJ6)

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

(F.O.B. DESTINATION) (AEROSPACE ENERGY) (DESC DEC 2007)

(a) The Contractor shall be paid for detention beyond free time for delays caused by the Government. Free time will commence at the time the Contractor’s transport truck or truck and trailer arrives at the delivery destination (receiving tank identified in the contract) and will end when the carrier is released. For items involving multiple drops, time between drops will not be included in the free time. The attached Form H-14, Transport Equipment Delay Certificate, shall be completed to show the date and time the carrier arrived and departed and the reason(s) for the delays. This form must be signed by both the driver and unloading personnel. A signed copy of this form must be sent to--

ATTN: DESC-MIC (INVOICE MONITOR)

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

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

(c) The rate for detention shall be comparable to regulated tariffs governing the local area of the receiving activity. The rate for detention shall be stated by quarter hour.

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

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

(DESC 52.247-9FK3)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC May 2009)

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery Schedule or date, it shall immediately notify the Contracting

Officer, in writing, giving pertinent details.This data shall not be construed as a waiver by the Government of any delivery Schedule or date or of any rights or remedies provided by law or under this contract.

(DESC 52.242-9FM1)

CONTRACTS ADMINISTRATION DATA

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) (DESC AUG 2009)

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

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

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

origin inspection, the DD Form 250 shall have both the origin QAR’s and the customer’s/DFSP’s signatures.

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

(b) The Contractor shall directly fax the original product invoice along with the original DD Form 250 or commercial equivalent (if the original DD Form 250 or commercial equivalent is used as the invoice, the invoice shall be stamped as ―Original Invoice‖), as described above, within 15 calendar days of delivery, into the Electronic Document Management system at 866-313-2340 or (614) 693-2630.

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

Business Unit, preferably by electronic means, that is, either facsimile or email. However, a mailed copy of the DD250 is also acceptable.

(i) If by facsimile, to (210) 925-8048, ATTN: DESC-MIC (Invoice Monitor)

(ii) If by email, to invoice-monitor@dla.mil

(iii) If by US Postal Service or commercial courier, to:

DEFENSE ENERGY SUPPORT CENTER

ATTN: DESC-MIC (INVOICE MONITOR)

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

(d) If the contract involves services such as lease of Contractor-furnished equipment, services of any nature, and/or additional service charges otherwise allowed by the Schedule, such as Delay and Standby, the mailto:invoice-monitor@dla.mil

Contractor shall submit a separate services invoice to the DESC-MIC Invoice Monitor using any one of the above methods. Unless stipulated otherwise in the contract, all invoices for services will be submitted after the services have been performed. In the case of leased containers, the invoice shall also include the container serial number or other unique identifier as well as information relative to the product that the container supports, i.e., name of the product, NSN, etc.

(e) Contractors may log onto myInvoice at https://myinvoice.csd.disa.mil, a web-based application, to obtain status for both paid and unpaid invoices.

(DESC 52.232-9FF2)

PART II – CONTRACT CLAUSES

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

(DESC MAR 2009) IBR

ADDENDUM TO I1.03-1

STATEMENT OF OBJECTIVES (SOO)

1. GENERAL INFORMATION

The Defense Energy Support Center (DESC), Defense Logistics Agency, as the Department of Defense (DoD) Integrated

Materiel Manager (IMM) for Aerospace Energy products and services, requires production and delivery of liquid oxygen

(LOX), liquid nitrogen (LN2) and gaseous hydrogen (GH2) into Customer owned tanks at Tinker AFB, OK. The Contractor shall provide all production, raw materials, supplies, management, tools, equipment, labor, and transportation necessary for the delivery of LOX, LN2 and GH2 on an FOB Destination basis to Tinker AFB, OK.

2. PRODUCT REQUIREMENTS

2.1. LOX shall conform to the requirements of Type II, Grade A of specification MIL-PRF-25508G, Propellant Oxygen, dated 21 November 2006. The optional specification tests for argon, carbon dioxide, carbon monoxide, neon and particulate content are not required.

2.2. LN2 shall conform to the requirements of Type II, Grade L of specification CGA G10.1-2008.

2.3. GH2 shall conform to the requirements of Type I, Grade L of specification CGA G-5.3-2004.

2.4. Inspections of product quality shall be performed at origin; and all product quantity determinations and acceptance shall be at destination.

2.5. In addition to the reports required elsewhere within this contract, one copy of a Certificate of Analysis for each sample required by the specifications shall be sent to DESC-QA/QT within three days after the analysis of that sample. The analysis report shall be emailed to tech.prop@dla.mil, or faxed to the attention of DESC-QA/QT at (210) 925-8048.

2.5.1. Unit of issue for products shall be as follows: for GH2, all documentation shall record the unit of issue as ―MC‖ (MC, thousand standard cubic feet). For LOX and LIN, all documentation shall record the unit of issue as ―TN‖ (Ton).

3. PRODUCT DELIVERY

3.1. Prior to installation of automatic fill-up telemetry: The Government Ordering Officer will notify the Contractor of product delivery requirements. The Contractor shall be required to complete all support documentation and deliver LOX, LN2 and GH2 to destination within three (3) business days of notification by the Government Ordering Officer.

3.2. After installation of automatic fill-up telemetry (in accordance with Para. 4 below): It is the Contractor’s sole responsibility to monitor tank levels for each tank and ensure product is maintained at least at a 30% level or higher at all times.

3.2.1. Automatic fill-up deliveries shall be accomplished against a Government blanket delivery order and it shall be the

Contractor’s responsibility to inform the DESC CO when deliveries made against that blanket delivery order approach exceeding the amount of funds otherwise obligated on the Blanket Delivery Order.

3.3. Regardless of whether or not automatic fill-up telemetry is installed, the following information applies to all deliveries:

https://myinvoice.csd.disa.mil/ mailto:tech.prop@dla.mil

3.3.1 Product deliveries shall be accomplished between 0700 and 1500 hours, Monday through Friday, excluding federal holidays.

3.3.2 The Contractor shall ensure product delivery/fill methods and equipment are compatible with Tinker AFB methods and equipment. It shall be the Contractors responsibility to provide hoses and equipment in the appropriate sizes and lengths to tanks as listed on Attachment 1.

3.3.3. The Contractor shall be required to provide certified weight tickets or truck mounted metering device to confirm product delivery quantity. Contractor shall ensure deliveries are validated on a DD Form 250 by appropriate Government employee, or designated representative, at each delivery point.

3.3.4. Delivery of products shall be to Tinker AFB, Building 3001, 16A/G70, West Drive, Tinker AFB, Oklahoma, 73145.

Trucks must enter using the Truck Gate entrance on Air Depot Blvd, at 59 th

Street on the South side of the base.

3.4 Occasionally the Contractor may be required to perform a ―Hot Fill‖ in order to cool-down and refill any tank that has gone empty and is warm.

4. AUTOMATIC FILL-UP

4.1. The Contractor shall provide Automatic Fill-Up (telemetry) capability for each tank listed on Attachment 1.

4.1.1. Each tank shall be equipped with a remote telemetry unit, which is self-powered with battery backup and maintained by the Contractor.

4.1.2. Each unit shall reliably monitor tank inventory levels and transmit product quantity data to the Supplier.

4.1.3. Each unit shall reliably monitor and transmit tank status regarding tank safety limits of current product pressure and temperature.

4.2. Accessibility: As part of the auto-fill telemetry system, the Contractor shall provide an internet (Web) based application accessible by the Government.

4.3. The Contractor shall submit an invoice for no more or less than the total delivered quantity, and each invoice submitted for automatic fill-up deliveries shall be accompanied by a record of the quantity delivered into each tank.

4.4. If required, the Contractor shall remove entire telemetry system within 30 days of contract completion.

5. GOVERNMENT OWNED TANKS

A description of tanks, locations, capacities, and pressures is provided on Attachment 1.

6. SECURITY

All truck drivers and Contractor representatives shall have a valid state driver’s license or other photo proof of identification and must possess a current security clearance issued by the Defense Industrial Security clearance Office (DISCO) or who were the subject of a favorably completed National Agency Check (NAC) or National Criminal Information Check (NCIC).

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

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

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

FAR/DFARS: http://farsite.hill.af.mil

DLAD: http://www.dla.mil/j-3/j-336

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

(d) Solicitation Provisions Only. The offeror is cautioned that the solicitation provisions listed in (e)(1) below may include blocks that must be completed by the offeror and submitted with its quotation or offer. As long as the offeror identifies the solicitation provision by number, the offeror may simply complete those paragraphs requiring fill-in information http://farsite.hill.af.mil/ http://www.dla.mil/j-3/j-336 to submit with its quotation or offer. In addition to the solicitation provisions listed in (e)(1) below, the contract clauses listed in (e)(2) below shall apply to any resultant contract but do not require the submission of additional offer information.

(e) The following FAR/DFARS/DLAD contract clauses and solicitation provisions are hereby incorporated by reference in addition to those listed in the CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS and the CONTRACT TERMS AND CONDITIONS

REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS clauses:

(1)

SOLICITATION REGULATORY

PROVISION NUMBER NUMBER PROVISION TITLE

K85 DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL

BY THE GOVERNMENT OF A TERRORIST

COUNTRY (JAN 2009)

L2.11-2 FAR 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

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

L74 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

Firm Fixed Price Requirements – Type Contract

(2)

CONTRACT REGULATORY

CLAUSE NUMBER NUMBER CLAUSE TITLE

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

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

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

(b) The permissible variation shall be limited to--

__10%_ Percent increase

__10%_ Percent decrease

This increase or decrease shall apply to CLINS 0001, 0002, and 0003)

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

I1 FAR 52.202-1 DEFINITIONS (JUL 2004)

I1.07 FAR 52.204-7/DFARS 252.204-7004 CENTRAL CONTRACTOR REGISTRATION

(ALTERNATE A)(APR 2008/SEP 2007)

I14.04 DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS

SUBCONTRACTORS (APR 2003)

I25 FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I84 FAR 52.216-21 REQUIREMENTS (OCT 1995)

(f) 60 days after expiration of ordering period.

I198 DFARS 252.243-7001 PRICING OF CONTRACT MODIFICATIONS

(DEC 1991)

I211 FAR 52.216-18 ORDERING (OCT 1995)

(b) From Date Of Award through 30 SEP 2014

I287 (FAR 52.204-9) PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (SEP 2007)

I350 (FAR 52.233-4) APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(OCT 2004)

I410 (DFARS 252.232-7010) LEVIES ON CONTRACT PAYMENTS (DEC 2006)

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

1996)

(a) In the event this contract is terminated for cause, in whole or in part, the Government will incur administrative costs.

(b) The Contractor agrees to pay all administrative costs associated with a contract termination action. The minimum amount the Contractor shall pay for each termination action is $500. This payment for administrative costs is in addition to any excess reprocurement costs and any other remedies or damages resulting from the termination.

(c) The term termination action, as used herein, means the termination for cause, including any associated reprocurement effort, involving--

(1) Any single order or any group of orders terminated together;

(2) Any item or group of items terminated together; or

(3) The entire contract.

(DESC 52.249-9F20)

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

(a) The Contractor agrees to submit to the Contracting Officer, upon request, a Material Safety Data Sheet

(MSDS) that meets the requirements of 29 CFR 1910.1200(g) and the latest revision of Federal Standard No.

313 for all requested contract items. MSDSs must cite the contract number, the applicable CAGE code of the manufacturer, and, where so identified, the National Stock Number (NSN).

(b) The data on the MSDSs must be current and complete, reflecting the final composition of the product supplied. Should the description /composition of the product change in any manner from a previously submitted MSDS, the Contractor shall promptly provide a new MSDS to the Contracting Officer.

(DESC 52.223-9F06)

I209.09 EXTENSION PROVISIONS (DESC JUL 2009)

(a) The Government shall have the right to extend this contract on the same terms and conditions one…