RFP_10-R-0318_LiquidMethane.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERICAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF 48

SP0600-10-2015

2.CONTRACT NO. 3.AWARD/EFFECTIVE

DATE

4.ORDER NUMBER 5. SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

SP0600-10-R-0318 1 Apr 2010

7.FOR SOLICITATION

INFORMATION CALL:

a.NAME KEN MARSH b. TELEPHONE NUMBER (No collect calls)

8.OFFER DUE DATE/

LOCAL TIME

kenneth.marsh@dla.mil 210-925-2427 4 May 2010

2:00 PM (CST)

9.ISSUED BY CODE SP0600 10.THIS ACQUISITION IS

UNRESTRICTED

SET ASIDE: 100% FOR

SMALL BUSINESS

HUBZONE SMALL BUS

8(A)

NAICS: 325120

SIZE STANDARD: 1000

11.DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12.DISCOUNT TERMS

DEFENSE ENERGY SUPPORT CENTER (DESC-MK)

BLDG 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226-1859

KENNETH MARSH (210) 925-2427

E-MAIL: kenneth.marsh@dla.mil

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS(15 CFR 700)

13b. RATING

CODE:

14.METHOD OF SOLICITATION

RFQ IFB RFP

15.DELIVER TO CODE 16.ADMINISTERED BY CODE SP0600

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

FURNISHED (INDEFINITE QUANTITY)(AEROSPACE

ENERGY)(DESC JUN 2009)

SEE BLOCK 9

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

EFT:T

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

SUCH ADRESS 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, INT-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 APPRORIATION DATA 26.TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED ADDENDA ARE ARE NOT ATTACHED.

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

28.CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 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: REF. ______________OFFER DATED

DATED _________________. YOUR OFFER ON SOLICITATION

(BLOCK 5) INCLUDES ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SIGNED

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

SIGNED

BARBARA M. PETERSON

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

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

. QUANTITY IN COLUMN 21 HAS BEEN

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

. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

33d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g.E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SHIP NUMBER 34. VOUCHER NUMBER 35.AMOUNT VERIFIED

CORRECT FOR

36.PAYMENT

COMPLETE PARTIAL FINAL

37.CHECK NUMBER

ARTIAL FINAL

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

SP0600-10-R-0318

PART I – SF 1449 CONTINUED

IMPORTANT NOTICES TO OFFERORS:

1. The Government plans to award up to three two-year Firm Fixed-Price Requirements-Type contracts for Liquid Methane, Type II, Grade B as specified in the Schedule.

2. All offerors shall comply with the requirements listed in Instructions INT-L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DESC AUG 2009), and all offers will be evaluated in accordance with Instructions INT-M2.14

EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DESC AUG 2009).

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

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

5. As a result of future automation efforts within the Defense Logistics Agency, DESC's clause numbering process has been revised. The revised process simply encompasses re-naming DESC-specific clauses and provisions to "Internal Provisions" for solicitations and "Internal Instructions" for contracts. Throughout the solicitation, applicable current DESC clause numbers have simply been changed to add an "INT" to the beginning of the clause denoting that the clause is internal to DESC. Also, FAR, DFARs, and DLAD clauses will no longer have unique DESC clause numbers. Rather, they will be identified by the applicable cite in the regulation where the clause can otherwise be found. As an example, DESC's internal clause B1.09-2 will now be labeled INT-B1.09-2. Also, the FAR clause 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTVE ORDERS - COMMERCIAL ITEMS, is no longer identified as DESC Clause I1.04, but simply as 52.212-5, it’s FAR cited. If you have any questions about DESC's new clause numbering process, please contact Ken Marsh at 210-925-2427 or email Kenneth.marsh@dla.mil.

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

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

Department of Defense Defense Energy Support Center Attn: Kenneth Marsh DESC-MK, Bldg 1621 1014 Billy Mitchell Blvd San Antonio, Texas 78226 http://www.ccr.gov/index.cfm�

SOLICITATION FORMAT

CLAUSE PAGE

NUMBER

SCHEDULE OF SUPPLIES/SERVICES

INT-B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) 7-9

(DESC JUN 2009)

DESCRIPTION/SPECIFICATION

INT-C1.02 DODISS SPECIFICATIONS (DESC OCT 2004) 9

PACKAGING AND HANDLING

INT-D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DESC MAR 2009) 9

INT-D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) (DESC OCT 2006) 9

INSPECTION AND ACCEPTANCE

INT-E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY) 10

(DESC APR 2006)

INT-E6 CERTIFICATE OF CONFORMANCE (DESC JAN 2004) 10

INT-E22 LIST OF INSPECTION OFFICES FOR DESC CONTRACTS (DESC JAN 2009) 10-13

INT-E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY)(DESC JUL 2008) 13

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DESC OCT 2009) 14

DELIVERIES OR PERFORMANCE

INT-F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS AND GASES) 15

(AEROSPACE ENERGY)(DESC APR 2006)

INT-F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) 16

(DESC APR 2006)

INT-F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME 16

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

INT-F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DESC MAY 2009) 16

CONTRACT ADMINISTRATION DATA

INT-G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) 16-17

(DESC AUG 2009)

SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

INT-I1.03-14 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS 17-20

(AEROSPACE ENERGY) (DESC APR 2009)

ADDENDUM INT-I1.03-14

STATEMENT OF OBJECTIVE/WORK AND/OR SPECIFICATIONS 20-22

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 22-25

EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2009)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 26- 27

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (NOV 2009)

INT-I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DESC JAN 2003) 27-28

INT-I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS 29

(DESC FEB 1996)

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

INT-I209.09 EXTENSION PROVISIONS (DESC JUL 2009) 29

PART III – CONTRACT DOCUMENTS AND OTHER ATTACHMENTS (See Attachments)

MIL-PRF-32207, DATED 10 OCT 06, PERFORMANCE SPECIFICATION ATTACHMENT 1

PROPELLANT, METHANE,

H-14, TRANSPORTATION EQUIPMENT DELAY CERTIFICATE ATTACHMENT 2

SMALL BUSINESS SUBCONTRACTING PLAN ATTACHMENT 3

CONTRACTOR PAST PERFORMANCE DATA SHEET ATTACHMENT 4

PART IV – SOLICITATION PROVISIONS

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2009)

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

INT-L2.11-4 E-MAIL PROPOSALS (DESC APR 2005) 30

INT-L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DESC AUG 2009) 30-34

INT-L54.02 SITE VISIT (AEROSPACE ENERGY)(DESC APR 2006) 34

EVALUATION – COMMERCIAL ITEMS

INT-M2.14 EVALUATION -- COMMERCIAL ITEMS (AEROSPACE ENERGY) (DESC AUG 2009) 34-36

OFFEROR REPRESENTATIONS AND

CERTIFICATIONS – COMMERCIAL ITEMS

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (DEC 2008) 36-37

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS 37-46

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

ADDENDUM TO 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (AUG 2009)

INT-K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DESC MAR 1999) 47

INT-K15 RELEASE OF UNIT PRICES (DESC MAR 2009) 47

INT-K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 47

INT-K45.04 FACSIMILE INVOICING (DESC JUL 1998) 47

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS 47-48

(JUN 2005)

SCHEDULE OF SUPPLIES/SERVICES

INT-B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DESC JUN 2009)

(a) This is an indefinite quantity contract for the purchase of supplies (and/or services, if applicable) to be furnished during the contract term. The delivery points, methods of delivery, and estimated quantities are specified in the Schedule as contract line item numbers (CLINs). The quantities shown are best estimates of required Government quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered/loaded may be greater than or less than such quantities as allowed by the VARIATION IN QUANTITY clause.

(b) The following provisions apply ONLY

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

Contractor shall deliver, if orders are placed by the DESC Contracting Officer during the contract period, all items awarded under this contract, as allowed by the REQUIREMENTS clause. A Blanket Delivery Order is considered “an order”, for the purposes of this clause.

(2) [ ] This is an INDEFINITE DELIVERY/INDEFINITE QUANTITY contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the Contracting Officer during the contract period, at least the quantity of supplies or services designated in the Schedule as the “minimum”, as allowed by the INDEFINITE QUANTITY clause. A Blanket Delivery Order is considered “an order”, for the purposes of this clause

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

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

(5) [ ] The prices paid shall be the unit prices specified in subsequent price change modifications issued in accordance with the ECONOMIC PRICE ADJUSTMENT clause [or clauses], as contained in the solicitation and any resultant contract. See Clause [buyer fills in the appropriate EPA clause or clauses].

(6) [X] Items of this contract call for f.o.b. destination delivery, unless the item specifies otherwise. The destination for each item is the point of delivery shown in the particular item. Inspection for quality will be at origin with final acceptance at destination. Applicable to CLIN(s) _0001-0003

(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) [ ] 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.

DESCRIPTION/SPECIFICATION

ITEM SUPPLIES/SERVICES ESTIMATED UNIT PRICE

TOTAL

QTY/UNIT

0001 LIQUID METHANE, 99.9%, TYPE II,

GRADE B, IAW MIL-PRF-32207,

PROPELLANT METHANE DATED 10

OCT 2006, HAZARDOUS MATERIAL,

NSN: 9135-01-239-8066, DELIVERED

FOB DESTINATION TO NASA WHITE

SANDS, NM

0001AA YEAR ONE 15,000 GALS __________ __________

1 OCT 2010 THROUGH 30 SEP 2011

0001AB YEAR TWO 15,000 GALS __________ __________

1 OCT 2011 THROUGH 30 SEP 2012

SHIP TO: NASA WHITE SANDS TEST FACILITY, 12600 NASA ROAD, LAS CRUCES NM 88012

0002 LIQUID METHANE, 99.9%, TYPE II,

GRADE B, IAW MIL-PRF-32207,

PROPELLANT METHANE DATED 10

OCT 2006, HAZARDOUS MATERIAL,

NSN: 9135-01-239-8066, DELIVERED

FOB DESTINATION TO ARMADILLO

AEROSPACE, CADDO MILLS, TX

0002AA YEAR ONE 12,000 GALS __________ __________

1 OCT 2010 THROUGH 30 SEP 2011

0002AB YEAR TWO 4,000 GALS __________ __________

1 OCT 2011 THROUGH 30 SEP 2012

0002AC SERVICES, CONTRACTOR TANK

INSTALLATION IN SUPPORT OF 1 EA __________ __________

NSN 9135-01-239-8066,

IAW SOO PARAGRAPH 6

0002AD SERVICES, CONTRACTOR TANK

REMOVAL IN SUPPORT OF 1 EA __________ __________

NSN 9135-01-239-8066,

IAW SOO PARAGRAPH 6

0002AE SERVICES, TANK LEASE - 1 EA __________ __________

ARMADILO AEROSPACE,

CADDO MILLS, TX

IN SUPPORT OF

NSN 9135-01-239-8066,

IAW SOO PARAGRAPH 5

SHIP TO: ARMADILO AEROSPACE, BUILDING A, CADDO MILLS AIRPORT,

CADDO MILLS, TX 75135

0003 LIQUID METHANE, 99.9%, TYPE II,

GRADE B, IAW MIL-PRF-32207,

PROPELLANT METHANE DATED 10

OCT 2006, HAZARDOUS MATERIAL,

NSN: 9135-01-239-8066, DELIVERED

FOB DESTINATION TO AEROJET,

RANCHO CORDOVA, CA

0003AA YEAR ONE 12,000 GALS __________ __________

1 OCT 2010 THROUGH 30 SEP 2011

0003AB YEAR TWO 12,000 GALS __________ __________

1 OCT 2011 THROUGH 30 SEP 2012

SHIP TO: AEROJET, BUILDING 30010, GATE 1, HIGHWAY 50 AT HAZEL SOUTH,

RANCHO CORDOVA, CA 95813

0004 SERVICES, EXPEDITED PRODUCT PER

DELIVERY IN SUPPORT OF OCCURRENCE __________ __________

NSN 9135-01-239-8066,

IAW SOO PARAGRAPH 3.2

0005 SERVICES, DETENTION RATE PER 1/4 HR __________ __________

IAW INSTRUCTIONS INT 3.10 TRANSPORT

TRUCK AND/OR TRUCK AND TRAILER

FREE TIME AND DETENTION RATES (F.O.B.

DESTINATION) (AEROSPACE ENERGY)

(DESC DEC 2007)

INT-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

PACKAGING AND HANDLING

INT-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.

INT-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.

INSPECTION AND ACCEPTANCE

INT-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.

INT-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: _______________________________________________________________

INT-E22 LIST OF INSPECTION OFFICES FOR DESC CONTRACTS (DESC JAN 2009)

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

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

(CONUS):

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

EXCEPTIONS

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

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

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

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 2001 Egypt 4001

Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300 Maldives 300 South America 110

Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110

Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Hawaiian Islands 300 Midway Island 300 Taiwan 300

Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/1202

Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Jordan 400 Papua New Guinea 300 Wake Island 300

Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200

Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 420

[1]

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

[2]

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

(c) INSPECTION OFFICES AND CODES.

110. DESC Americas East ATTN: Quality Manager

Federal Building, Room 1005 2320 LaBranch Street Houston, TX 77004-1091 Phone: (713) 718-3883, ext. 162/161/160

FAX: (713) 718-3891

120. DESC Americas West ATTN: Quality Manager

3171 N Gaffey Street San Pedro, CA 90731-1099 Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DESC Europe

Mailing Address

DESC Petroleum Lab

ATTN: Quality Manager

CMR 422

APO AE 09067-0422

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

FAX: 49-631-3406-2289

Shipping Address DESC Petroleum Lab

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

300. DESC Pacific ATTN: Quality Manager

1025 Quincy Avenue, Building 479, Suite 2000 Pearl Harbor, HI 96860-4512 Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DESC Middle East ATTN: Quality Manager

PSC 451, Box DESC-ME

FPO AP 09834-2800

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

FAX: 973-17-85-4670

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

[4]

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

INT-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 METHANE, 99.9%, TYPE II,

GRADE B, IAW MIL-PRF-32207,

PROPELLANT METHANE DATED 10

OCT 2006, HAZARDOUS MATERIAL,

NSN: 0135-01-239-8066, DELIVERED

FOB DESTINATION TO NASA WHITE

SANDS, NM

LIQUID METHANE, 99.9%, TYPE II,

GRADE B, IAW MIL-PRF-32207,

PROPELLANT METHANE DATED 10

OCT 2006, HAZARDOUS MATERIAL,

NSN: 0135-01-239-8066, DELIVERED

FOB DESTINATION TO ARMADILLO

AEROSPACE, CADDO MILLS, TX

LIQUID METHANE, 99.9%, TYPE II,

GRADE B, IAW MIL-PRF-32207,

PROPELLANT METHANE DATED 10

OCT 2006, HAZARDOUS MATERIAL,

NSN: 0135-01-239-8066, DELIVERED

FOB DESTINATION TO AEROJET,

RANCHO CORDOVA, CA

(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.

INT-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.

DELIVERIES OR PERFORMANCE

INT-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.

INT-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).

INT-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.

INT-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.

CONTRACT ADMINISTRATION DATA

INT-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 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.

SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

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

(DESC MAR 2009)

(a) INSPECTION/ACCEPTANCE. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) ASSIGNMENT. The Contractor or its assignee may assign its rights to receive payment due, as a result of performance of this contract, to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes a payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its right to receive payment under this contract.

(c) CHANGES. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) DISPUTES. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, DISPUTES, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) DEFINITIONS. The clause at FAR 52.202-1, DEFINITIONS, is incorporated herein by reference.

(f) EXCUSABLE DELAYS. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the mailto:invoice-monitor@dla.mil� https://myinvoice.csd.disa.mil/�

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) INVOICE. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(1) Name and address of the Contractor;

(2) Invoice date and number;

(3) Contract number, contract line item number, and, if applicable, the order number;

(4) Description, quantity, unit of measure, unit price, and extended price of the items delivered;

(5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(6) Terms of any prompt payment discount offered;

(7) Name and address of official to whom payment is to be sent; and

(8) Name, title, and phone number of person to be notified in event of defective invoice.

(9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(10) Electronic funds transfer (EFT) banking information.

(i) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration), or applicable agency procedures.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) PATENT INDEMNITY. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) PAYMENT.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early…