SP0600-10-R-0313.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF 37

SP0600-10-2001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

15 Jan 2010 SP0600-10-R-0313 14 Dec 2009

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

b. TELEPHONE NUMBER (No collect calls)

8.OFFER DUE DATE/

LOCAL TIME

Jeffrey Bell 210-925-2111 21 Dec 2009/10:00 pm

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: Jeffrey.Bell@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 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

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�

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

SOLICITATION FORMAT

CLAUSE NUMBER PAGE

SCHEDULE OF SUPPLIES/SERVICES

B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE 5 - 6

ENERGY) (DESC JUN 2009)

DESCRIPTION/SPECIFICATIONS

C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) 6

PACKAGING AND HANDLING

D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) 6

(DESC MAR 2009)

D15 CONTRACTOR SEALS REQUIREMENT (AEROSPACE ENERGY) (DESC 7

OCT 2006)

INSPECTION AND ACCEPTANCE

E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004) 7

E22.01 QUALITY REPRESENTATIVE (DESC JAN 1992) 7

E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) 8

(DESC JUL 2008)

E35 NONCONFORMING SUPPLIES AND SERVICES (DESC OCT 2009) 8 - 9

DELIVERIES AND PERFORMANCE

F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS 9 - 10

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

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) 10

(DESC APR 2006)

F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND 10 - 11

DETENTION RATES (AEROSPACE ENERGY) (DESC DEC 2007)

F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC MAY 2009) 11

CONTRACT ADMINISTRATION DATA

G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) 11 - 12

(DESC AUG 2009)

PART II – CONTRACT CLAUSES

I1.03-1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAR 2009) 12 - 13

IBR

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

STATEMENT OF OBJECTIVES

I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE 13 - 14

(DESC JAN 2003)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE– 14

COMMERCIAL ITEMS (DESC FEB 1996)

I190.06 MATERIAL SAFETY DATA SHEET – COMMERCIAL ITEMS 14

(DESC MAR 2000)

I209-09 EXTENSION PROVISIONS (DESC JUL 2009) 15

I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 15 -18

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2009)

I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT 19 - 20

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 AND FLOW RATE Tank Description Attachment 1pg 20

PERFORMANCE SPECIFICATION CGA G-5.3-2004 Attachment 2 pg 20

TRANSPORT EQUIPMENT DELAY CERTIFICATE Form H-14 Attachment 3 pg 20

PART IV – SOLICITATION PROVISIONS

L2.05 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (JUN 2008) 21

L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 21

L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) 21 - 24

(DESC AUG 2009)

L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 24 - 25

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

EVALUATION – COMMERCIAL ITEMS

M2.14 EVALUATION–COMMERCIAL ITEMS (AEROSPACE ENERGY) 25 - 27

(DESC AUG 2009)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

K1.01-10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS 27 - 37

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) 37

K15 RELEASE OF UNIT PRICES (DESC MAR 2009) 37

K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 37

K45.04 FACSIMILE INVOICING (DESC JUL 1998) 37

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

(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.

if the applicable box is checked:

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

(10) [ X ] 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 GASEOUS HYDROGEN, TYPE I, 270 *MC ___________ $__________

GRADE L, *IAW CGA G-5.3-2004

*NSN: 6830-01-578-8762

DELIVERED FOB DESTINATION

TO TINKER AFB, OK

PERIOD OF PERFORMANCE:

10 JAN 10 – 31 MAR 10

0002 SERVICES – DETENTION IN SUPPORT

OF NSN 6830-01-578-8762; IAW F3.10

Truck Transport and/or Trailer Free Time and Detention Rates (FOB Destination) QTR HR $ __________

0003 DELIVERY FEE FOR EXPEDITED

DELIVERY, FOB DESTINATION IAW

STATEMEMNT FOF OBJECTIVES PER

PARA 3.1.1. OCCURENCE $ __________

Notes: *MC = Thousand Standard Cubic Feet *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 1st, November 1st, January 1st, March 1st, and May 1st

(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

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

GASEOUS HYDROGEN, TYPE I, GRADE L

IAW CGA G-5.3-2004, NSN: 6830-01-578-8762

DELIVERED FOB DESTINATION TO TINKER AFB, OK

(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 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 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 mailto:invoice-monitor@dla.mil� 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

I1.03-1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (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 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 GH2 on an FOB Destination basis to Tinker AFB, OK.

2.

PRODUCT REQUIREMENTS

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

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

2.3. 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.

2.3.1. Unit of issue for GH2: all documentation shall record the unit of issue as “MC” (MC, thousand standard cubic feet).

3.

PRODUCT DELIVERY

3.1. Routine product deliveries shall be accomplished between 0700 and 1500 hours, Monday through Friday, excluding federal holidays. The Contractor shall be required to fill, schedule product inspection, complete all support documentation and deliver GH2 to destination within three (3) business days of order by the authorized Ordering Officer.

3.1.1. For expedited delivery requirements, the Contractor shall be required to perform same function as in routine delivery requirements above within 24 hours from time order is placed.

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. 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 by appropriate Government employee, or designated representative, at each delivery point.

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 59th

Street on the South side of the base.

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

4.

GOVERNMENT OWNED TANKS

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

5.

SECURITY

All truck drivers and Contractor representatives shall have a valid state drivers 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

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

clauses and provisions are contained in full text in this document.

(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

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

Firm Fixed Price Requirements – Type Contract

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

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

(c) The telephone number of receiving facsimile equipment is 210-925-9758

(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)

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

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

(b) The permissible variation shall be limited to-- __10%_

Percent increase __10%_

This increase or decrease shall apply to CLIN 0001 Percent decrease

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)

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)

(a) DATE OF AWARD THROUGH 31 MAR 10

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 or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor not later than _30 days prior to expiration of the contract ordering period or any extension thereof. Nothing in this clause precludes the Contractor from agreeing to an extension of the contract if the DESC Contracting Officer fails to issue the notice prior to _30

(b) Extension of this contract shall be considered to have been accomplished at the time the DESC Contracting Officer provides written notification to the Contractor.

_ days before the end of the ordering period.

(DESC 52.217-9F20)

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

EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5).

[ ] (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub.

L. 111-5).

[ ] (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

[ ] (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer.) (15 U.S.C. 657a).

[ ] (7) [RESERVED]

[ ] (8) (i) 52.219-6, Notice of Total Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (Oct 1995) of 52.219-6.

[ ] (iii) Alternate II (Mar 2004) of 52.219-6.

[ ] (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (Oct 1995) of 52.219-7.

[ ] (iii) Alternate II (Mar 2004) of 52.219-7.

[ ] (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

[ ] (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Oct 2001) of 52.219-9.

[ ] (iii) Alternate II (Oct 2001) of 52.219-9.

[ ] (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

[ ](13) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i)).

[ ] (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns

(Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ ] (ii) Alternate I (Jun 2003) of 52.219-23.

[ ] (15) 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (16) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct

2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ] (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).

[ X ] (18) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C.

632(a)(2)).

[ X ](19) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

[X ] (20) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Apr 2009) (E.O. 13126).

[ X] (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[ X] (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[ ] (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

[ X ](24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

[ ] (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).

[ X ] (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

[ ] (27) (i) 52.222-54, Employment Eligibility Verification (Jan 2009) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (ii) Alternate I (Aug 2007) of 52.222-50.

[ ] (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

[ ] (30) 52.223-16, IEEE 1680 Standard for the Government Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

[ ] (ii) Alternate I (Dec 2007) of 52.223-16.

[ ] (31) 52.225-1, Buy American Act – Supplies (Feb 2009) (41 U.S.C. 10a-10d).

[ ] (32) (i) 52.225-3, Buy American Act – Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C 10a- 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, and 110-138).

[ ] (ii) Alternate I (Jan 2004) of 52.225-3.

[ ] (iii) Alternate II (Jan 2004) of 52.225-3.

[ ] (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C 2501, et seq., 19 U.S.C. 3301 note).

[X ] (34) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10

U.S.C. 2307(f)).

[ ] (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

[X ] (39) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

[ ] (40) 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

[ ] (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

[ ] (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

[ ] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act – Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services – Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

[ ] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub. L. 110- 247).

[ ] (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) COMPTROLLER GENERAL…