SP0600-11-R-0301.pdf

4z SOLICITATION/CONTRACT/ORDER FOR COMMERICAL ITEMS

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

1. REQUISITION NUMBER PAGE # 1 OF 46

SP0600-10-2051

2.CONTRACT NO. 3.AWARD/EFFECTIVE

DATE

4.ORDER NUMBER 5. SOLICITATION NUMBER 6.SOLICITATION

ISSUE DATE

SP0600-11-R-0301 05 January 2011

7.FOR SOLICITATION

INFORMATION CALL:

a.NAME Willard M Ramseur Contract Specialist

b. TELEPHONE NUMBER (No collect calls)

8.OFFER DUE DATE/

LOCAL TIME

willard.ramseur@dla.mil 210-925-2111 04 February 2011

10:00 PM CDT

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

DLA Energy Aerospace Energy

BLDG 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226-1859

E-MAIL: willard.ramseur@dla.mil

(210) 925-2111

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) (DLA ENERGY 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 CLAUSE INT G152

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)(DLA ENERGY 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

SYLVIA T. URIAS-VALLEJO

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

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

SP0600-11-R-0301

. 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

PART I – SF 1449 CONTINUED

IMPORTANT NOTICES TO OFFERORS

1. The Government plans to award up to two five (5) year Firm Fixed Price Requirements-Type contract(s) for Liquid Carbon Dioxide (CO2), GRADE H in accordance with (IAW) Compressed Gas Association Specification CGA G-6.2-2004 as specified in the schedule. The period of performance is 1 April 2011 through 31 March 2016.

2. All offerors must comply with the requirements listed in the instruction INT-L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY)(DLA AUG 2009) . The pricing of the offerors proposal shall be consistent with paragraph (a)(i) of INT-L2.35.

All offers will be evaluated IAW INT-M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA AUG 2009).

3. Central Contractor Registration (CCR) is required and is available at www.ccr.gov or (888) 227-2423.

4. SITE VISIT: A specific date and time for a site visit will be established, if requested by potential offerors, in accordance with the RFP provision entitled SITE VISIT (INT-L54.02).

5. Questions regarding Small Business or Small Disadvantage Business affairs should be addressed to Ms. Joan Turrisi of the DLA ENERGY Small Business Office at 1-800-526-2601 or 703-767-9400.

6. 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 DLA clause numbers have simply been changed to add an "INT" to the beginning of the clause denoting that the clause is internal to DLA. 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, its FAR cite. If you have any questions about this change please contact Willard M. Ramseur at

(210) 925-2111.

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

Defense Logistics Agency-Energy DLA ENERGY-MK Attn: Willard M. Ramseur 1014 Billy Mitchell Blvd, Bldg 1621 San Antonio, TX 78226-1859

SOLICITATION FORMAT

CLAUSE PAGE

NUMBER

SCHEDULE OF SUPPLIES/SERVICES

INT-B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) 6-8

(DLA ENERGY JUN 2009)

DESCRIPTION/SPECIFICATION

INT-C1 SPECIFICATIONS (DLA ENERGY JAN 1997) 9

INT-C1.02 DODISS SPECIFICATIONS (DLA ENERGY OCT 2000) 9

PACKAGING AND HANDLING

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

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

INSPECTION AND ACCEPTANCE

INT-E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY) 9-10

(DLA ENERGY APR 2006)

INT-E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JAN 2009) 10

INT-E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992) 10-12

INT-E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) (DLA ENERGY JUL 2008) 12-13

INT-E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY OCT 2009) 13-14

DELIVERIES OR PERFORMANCE

INT-F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS AND GASES) (AEROSPACE 14

ENERGY) (DLA ENERGY APR 2006)

INT-F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) 15

(DLA ENERGY APR 2006)

INT-F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND 15

DETENTION RATES (F.O.B. DESTINATION) (AEROSPACE ENERGY)

(DLA ENERGY DEC 2007)

INT-F21 CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY May 2009) 15

CONTRACT ADMINISTRATION DATA

INT-G152 SUBMISSION OF INVOICES FOR PAYMENT (AEROSPACE ENERGY) 15-16

(DLA ENERGY JUL 2010)

SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

INT-I1.03-14 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (AEROSPACE ENERGY) 17-20

(DLA ENERGY MAR 2009)

ADDENDUM INT-I1.03-14 20-21

STATEMENT OF OBJECTIVE/WORK AND/OR SPECIFICATIONS

INT-I1.20-1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE (DLA ENERGY JAN 2003) 21-23

INT-I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – 23

COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

INT-I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR 2006) 23

INT-I209.09 EXTENSION PROVISIONS (DLA ENERGY JUL 2009) 23

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 23-27

EXECUTIVE ORDERS – COMMERCIAL ITEMS (DEC 2010)

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 28-29

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL

ITEMS (DEC 2010)

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

H-14 TRANSPORTATIONS EQUIPMENT AND DELAY CERTIFICATE ATTACHMENT 1

STORAGE TANKS (18 NOV 2010) ATTACHMENT 2

CONTRACTOR PAST PERFORMANCE DATA SHEET ATTACHMENT 3

PART IV – SOLICITATION PROVISIONS

INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

52.212.1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2008) IBR

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS 30

INT-L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 30

INT-L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 30

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

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

52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTUION (JUN 2001) 34

EVALUATION – COMMERCIAL ITEMS

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

OFFEROR REPRESENTATIONS AND

CERTIFICATIONS – COMMERCIAL ITEMS

252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (JUN 2005) 36

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS 36-45

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

ADDENDUM TO CLAUSE 52.212-3/1/11 45

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 45

INT-K1.01-12 SMALL BUSINESS PROGRAM NOTICE (DLA ENERGY MAR 1999) 45-46

INT-K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 46

INT-K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 46

INT-K45.04 FACSIMILE INVOICING (DLA ENERGY JUL 1998) 46

INT-K150 WIDE AREA WORKFLOW (DLA ENERGY OCT 2008) 46

SCHEDULE OF SUPPLIES/SERVICES

INT-B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DLA ENERGY 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 DLA Energy 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 DLA Energy 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 and 0002

(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 EST. QTY U/I UNIT PRICE TOTAL

0001 LIQUID CARBON DIOXIDE (CO2), GRADE H

IAW COMPRESSED GAS ASSOCIATION

SPECIFICATION CGA-G-6.2-2004

NSN: 6830-01-526-5180

DELIVERED F.o.b. Destination to Anniston Army Depot, Anniston, AL

BASIC CONTRACT PERIOD

01 APR 2011 THROUGH 31 MAR 2016

0001AA CONTRACT YEAR ONE

01 APR 11 – 31 MAR 12 21,000 LB ____________ __________

0001AB CONTRACT YEAR TWO

01 APR 12 – 31 MAR 13 15,000 LB ____________ __________

0001AC CONTRACT YEAR THREE

01 APR 13 – 31 MAR 14 14,000 LB ____________ __________

0001AD CONTRACT YEAR FOUR

01 APR 14 – 31 MAR 15 14,000 LB ____________ __________

0001AE CONTRACT YEAR FIVE

01 APR 15 – 31 MAR 16 15,000 LB ____________ __________

0002 LIQUID CARBON DIOXIDE (CO2), GRADE H

IAW COMPRESSED GAS ASSOCIATION

SPECIFICATION CGA-G-6.2-2004

NSN: 6830-01-526-5180

DELIVERED F.o.b. Destination to Robins AFB, Warner Robins, GA

BASIC CONTRACT PERIOD

01 APR 2011 THROUGH 31 MAR 2016

0002AA CONTRACT YEAR ONE

01 APR 11 – 31 MAR 12 1,840,000 LB ____________ __________

0002AB CONTRACT YEAR TWO

01 APR 12 – 31 MAR 13 1,840,000 LB ____________ __________

0002AC CONTRACT YEAR THREE

01 APR 13 – 31 MAR 14 1,840,000 LB ____________ __________

0002AD CONTRACT YEAR FOUR

01 APR 14 – 31 MAR 15 1,840,000 LB ____________ __________

0002AE CONTRACT YEAR FIVE

01 APR 15 – 31 MAR 16 1,840,000 LB ____________ __________

0003 SERVICES, TELEMETRY SYSTEM, INSTALLATION

IN SUPPORT OF 6830-01-526-5180,

ROBINS AFB, WARNER ROBINS, GA,

REFER TO SOO, PARA. 5. AUTOMATIC FILL-UP 1 EA ____________ __________

DESCRIPTION EST. QTY U/I UNIT PRICE TOTAL

0004 SERVICES, TELEMETRY SYSTEM, REMOVAL

IN SUPPORT OF 6830-01-526-5180,

ROBINS AFB, WARNER ROBINS, GA,

REFER TO SOO, PARA. 5. AUTOMATIC FILL-UP 1 EA ____________ __________

0005 SERVICES, TELEMETRY SYSTEM, LEASE,

IN SUPPORT OF 6830-01-526-5180,

ROBINS AFB, WARNER ROBINS, GA,

REFER TO SOO, PARA. 3.2.1 PRODUCT ORDERING

BASIC CONTRACT PERIOD

01 APR 2011 THROUGH 31 MAR 2016

0005AA CONTRACT YEAR ONE

01 APR 11 – 31 MAR 12 12 MOS ____________ per mo __________

0005AB CONTRACT YEAR TWO

01 APR 12 – 31 MAR 13 12 MOS ____________ per mo __________

0005AC CONTRACT YEAR THREE

01 APR 13 – 31 MAR 14 12 MOS ____________ per mo __________

0005AD CONTRACT YEAR FOUR

01 APR 14 – 31 MAR 15 12 MOS ___________ per mo __________

0005AE CONTRACT YEAR FIVE

01 APR 15 – 31 MAR 16 12 MOS ____________ per mo __________

0006 SERVICES, DETENTION PER QTR HR

IN SUPPORT OF 6830-01-526-5180, QTR HR ____________

IN ACCORDANCE WITH INT F3.10

INSPECTION/SPECIFICATIONS

INT-C1 SPECIFICATIONS (DLA ENERGY JAN 1997)

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

INT-C1.02 DODISS SPECIFICATIONS (DLA ENERGY 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) (DLA ENERGY 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) (DLA ENERGY 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 DLA Energy 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 DLA Energy. 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) (DLA ENERGY 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-E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JAN 2009) The following lists shall be used to identify the Government inspection office assigned inspection responsibility for DLA Energy 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.

INT-E22.01 QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)

The Quality Office assigned inspection responsibility under this contract is _______________________________

(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 (DLA Energy Americas – West).

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

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

(OCONUS) (INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300 Africa 2001 Egypt 4001 Maldives 300 South America 110 Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300 Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300 Armenia 200 Greenland 200 Mexico 110 Syria 400 Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300 Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400 Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300 Azores 200 India 300 Nepal 300 Turkey 200 Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400 Bangladesh 300 Ireland 200 North Korea 300 United Arab Bermuda 110 Iran 400 Oman 400 Emirates 400 Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200 Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400 Cambodia 300 Japan 300 Pakistan 400 Vietnam 300 Canada 110/1202 Jordan 400 Papua New Guinea 300 Wake Island 300 Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400 Caribbean Islands 110 Kuwait 400 Qatar 400 Central America 110 Kyrgyzstan 400 Russia 200 Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300 China 300 Lebanon 400 Saudi Arabia 400 Comoros 200 Madagascar 200 Seychelles Is. 420

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

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

(c) INSPECTION OFFICES AND CODES.

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

FAX: (713) 718-3891

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

FAX: (310) 241-2836

200. DLA Energy Europe 3 Mailing Address DLA Energy Petroleum Lab

ATTN: Quality Manager

CMR 422

APO AE 09067-0422

[Location: Kaiserslautern, Germany]

Phone: 49-631-3406-2285/2286 4

FAX: 49-631-3406-2289 4

Shipping Address DLA Energy Petroleum Lab

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

300. DLA Energy Pacific 3

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

FAX: (808) 473-4232

400. DLA Energy Middle East 3

PSC 451, Box DLA Energy-ME

FPO AP 09834-2800

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

FAX: 973-17-85-4670 4

[3] Designated location of the DLA Energy 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) (DLA ENERGY 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

0001 LIQUID CARBON DIOXIDE, GRADE H

IAW COMPRESSED GAS ASSOCIATION

SPECIFICATION CGA G-6-2.2004

NSN: 6830-01-526-5180, BULK

DELIVERED F.O.B DESTINATION TO

ANNISTION ARMY DEPOT, ANNISTION AL 36201

0002 LIQUID CARBON DIOXIDE, GRADE H

IAW COMPRESSED GAS ASSOCIATION

SPECIFICATION CGA G-6-2.2004

NSN: 6830-01-526-5180, BULK

DELIVERED F.O.B DESTINATION TO

ROBINS AFB, WARNER ROBINS, GA 31098

(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 (DLA ENERGY 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 DLA Energy 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 DLA ENERGY 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 DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy 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 DLA Energy 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 DLA Energy 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) (DLA ENERGY 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) (DLA ENERGY 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) (DLA ENERGY 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: DLA ENERGY-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 (DLA ENERGY 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) (DLA ENERGY JUL 2010)

(a) Supporting documentation required for processing payment to the Contractor after delivery of product and/or the performance of any services shall be the original DD Form 250, Material Inspection and Receiving Report, or an original of its commercial equivalent. If the original DD Form 250 or commercial equivalent is used as the Contractor’s invoice, it shall be stamped as an “Original Invoice.” The Contractor shall comply with Appendix F of the Defense Federal Acquisition Regulation Supplement (DFARS) Appendix F on the use, preparation, and distribution of the DD Form 250. Throughout this clause, reference to the DD Form 250 shall mean the DD Form 250 or its commercial equivalent.

(b) FOR PRODUCT DELIVERY.

(1) FOR F.O.B. ORIGIN DELIVERIES. The original DD Form 250 shall have been certified by the Government’s Quality Assurance Representative (QAR) for both Contract Quality Assurance (CQA) and Acceptance at origin (Block 21a) and have the QAR’s typed name, title, mailing address and office phone number included on the document, unless Certificate of Conformance (COC) has been authorized, in which case, the original DD Form 250 shall be certified for Contract Quality Assurance by the Contractor, in accordance with the contract clause entitled CERTIFICATE OF CONFORMANCE, and submitted to the authorized Government Representative for signing and dating for acceptance in accordance with the DFARS Appendix F.

(2) FOR F.O.B. DESTINATION DELIVERIES. The original DD Form 250 shall be provided to the customer/Defense Fuel Support Point (DFSP) to verify receipt of the product at the time of delivery then, if required, forwarded to a Government representative to certify acceptance of the delivery. For F.o.b. destination deliveries that require origin inspection, the DD Form 250 shall have both the origin QAR’s and the customer’s/DFSP’s signatures. However, if COC has been authorized, the original DD Form 250 shall be certified for Contract Quality Assurance by the Contractor, in accordance with the clause entitled CERTIFICATE OF CONFORMANCE and only the customer's/DFSP's signature will be required for receipt and acceptance in accordance with the DFARS Appendix F.

(3) Regardless of F.o.b. Origin, F.o.b. Destination or COC., a copy of the certified weight ticket shall accompany each shipment if required by the Schedule.

(4) If the contract involves services that are ancillary to product delivery, such as lease of Contractor-furnished equipment, maintenance and repair of Government-owned containers, or other services of any nature that are otherwise allowed by the Schedule, such as Detention and Hot Fill, the Contractor shall include such services on the same DD Form 250/invoice as the product. The DD Form 250/invoice shall clearly show the ancillary services’ Contract Line Item (CLIN) separate from the product CLIN. For services requiring periodic payments, such as a monthly lease of contractor furnished tanks, the contractor may submit a DD Form 250/invoice for the product separate from the DD Form 250/invoice for the service, or he may combine both the product and service on the same DD Form 250/invoice but under no circumstances shall the contractor submit a DD Form 250/invoice for periodic services (with or without product) prior to the end of the period in which the services were provided. In the case of leased containers, the DD Form 250/invoice shall also include the container serial number or other unique identifier. The same certifications and/or signatures required on the DD Form 250 for product deliveries as described in paragraphs (b)(1) and (b)(2) are required on the DD Form 250 for the performance of services as described in this paragraph.

(5) Within 15 calendar days of delivery of product, the Contractor shall fax the original invoice along with the original DD Form 250, or the original DD Form 250 stamped “Original Invoice”, into the Electronic Document Management system at 866-313-2340 or

(614) 693-2630.

(6) In addition, the Contractor shall concurrently send a copy of the signed DD Form 250 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: DLA Energy-MIC (Invoice Monitor)

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

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

DEFENSE LOGISTICS AGENCY ENERGY

ATTN: DLA Energy-MIC (INVOICE MONITOR)

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

(c) FOR SERVICES NOT ANCILLARY TO PRODUCT DELIVERY AND SERVICES CONTRACTS. The Contractor shall generate a separate DD Form 250 for documentation supporting payment of services that are not ancillary to product deliveries (such as a monthly facility fee), or for services provided under a Services contract (such as storage of DLA owned property), and submit it along with the original invoice (or stamp the DD Form 250 with “Original Invoice”) to the DLA Energy-MIC Invoice Monitor using any one of the methods described above.

(d) Unless stipulated otherwise in the contract, all invoices that include services shall only be submitted after the services have been performed.

(e) DISCOUNTS FOR PROMPT PAYMENT.

(1) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(2) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

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

mailto:invoice-monitor@dla.mil� https://myinvoice.csd.disa.mil/�

SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

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

(DLA ENERGY 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 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,…