Attach_1_Aerospace_Clauses_JP-10.doc

SPE601-13-R-0324

AEROSPACE CLAUSES

SPE601-13-R-0324

AEROSPACE CLAUSES

SCHEDULE OF SUPPLIES/SERVICES

B0001 B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DLA ENERGY JAN 2012)

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

(b) The following provisions apply ONLY if the applicable box is checked:

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

Contractor shall deliver, if orders are placed by the 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 contract provision.

(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 contract provision

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

(6) [ ] 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).

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

(8) [ X ] 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) 0001-0032.

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

(10) [ ] A copy of the certified weight ticket shall accompany each shipment.

(11) [ X ] A copy of the Certificate of Analysis shall accompany each shipment.

(12) [ X ] An original and one copy of the H-14 Transport Equipment Delay Certificate shall be provided with each shipment, if applicable..

B0002 B18

SET-ASIDE QUANTITIES (DLA ENERGY FEB 1968)

The total quantities set aside by item and destination are as follows:

ITEM

TOTAL

NON-SET-ASIDE

SET-ASIDE

NO.

PRODUCT

QUANTITY

DESTINATION

0001-0007

JP-10

651,129 GAL

0 GAL

651,392 GAL

f.o.b Origin

0013-0022

PF-1

22,475 GAL

0 GAL

22,475 GAL

f.o.b. Origin

0008-0012 /

0023-0032

SERVICES

VARIOUS

NONE

ALL

f.o.b. Origin

C0001

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAR 2011)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.daps.dla.mil/ or http://dodssp.daps.dla.mil/ under ASSIST-Quick Search. ASSIST is the official source for all Defense Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database from the DoD Single Stock Point website (http://dodssp.daps.dla.mil/) under the [ASSIST Update] menu.

C0002 C19.01.100

SECURITY AND FIRE PROTECTION (JP10/PF-1)(AEROSPACE ENERGY) (DLA ENERGY JUN 2013)

(a) The entire facility shall be enclosed by a fence suitable to deter unauthorized access.

(b) A method of visitor and entrance control will be in effect. A visitor register shall be maintained.

(c) An internal, self-powered communication system linking all critical points of the facility, capable of serving both as an alarm system and for conducting plant operations, will be in use.

(d) A water supply and fire fighting equipment conforming to National Fire Protection Association and standards will be maintained.

PACKING AND MARKING

D0001 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.

D0002

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.

D0003 D20 PALLET REQUIREMENTS FOR DOMESTIC SHIPMENTS (AEROSPACE ENERGY) (DLA ENERGY APR 2006)

Pallets shall be constructed in accordance with one of the following guidelines: MIL-HDBK 774, Department of Defense Handbook, “Palletized Unit Loads”; or ASME/ANSI MH 1.8H or Contractor’s equivalent.

INSPECTION AND ACCEPTANCE

E0001 E1.13.100 CONTRACTOR INSPECTION RESPONSIBILITIES (JP-10/PF-1) (AEROSPACE ENERGY) (DLA ENERGY JUN 2013)

(a) QUALITY CONTROL PLAN.

(1) The Contractor is required (unless otherwise instructed by the Government) to provide and maintain an inspection system and a written description (Quality Control Plan (QCP)) acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO9001, Quality Management Systems. If the Contractor chooses to comply with ISO9001 all the specific Quality Assurance contract provisions of this contract must be included in the ISO9001 written quality plan. A copy of the QCP, in English, shall be presented to the Government Quality Assurance Representative (QAR) for their review and acceptance prior to commencement of production or services. The QCP shall be reviewed and updated when deemed necessary by the Contractor or the Government, to include changes necessary to prevent the recurrence of quality problems or whenever changes are made to the inspection system. Revisions shall be presented to the QAR for review and acceptance prior to implementation. The Contractor must sign and date the original copy and each revision to the QCP. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR.

(2) The Contractor shall require subcontractors (unless otherwise instructed by the Government) to provide and maintain inspection systems and QCPs that are acceptable to the Government. The Contractor must require subcontractor(s) to sign and date each revision to the subcontractor(s) QCP.

(3) The QCP shall include an identification of key operational positions, a schematic diagram of plant facilities pertinent to the inspection system indicating all inspection points, and a description covering the following operations relating to the supplies to be furnished under the contract:

(i) RECEIVING. Procedures used to assure quality of additives blended into product supplied under this contract;

(ii) BLENDING AND COMPOUNDING. Identification of component base stocks used to produce finished product. Procedures to be used for adding, prior to batching, all required additives at all locations. When procedures for line injection of additives for products in accordance with a contract provision that contains LINE INJECTION OF ADDITIVES is used, the QCP will provide procedures for proportionately injecting additives throughout the entire loading process to ensure the additive is homogeneously blended into the propellant, and procedures for maintaining records evidencing the homogeneous blending of all line injected additives. Prior to shipment, a sample of the propellant with all additives required by the contract shall be tested to verify compliance with the required specification;

(iii) SAMPLING. Procedures for sampling additives, blend tanks, shipping tanks, lines, and conveyances/containers shall be in accordance with API Manual of Petroleum Measurement Standards (MPMS), Chapter 8, Section 1, (ASTM D 4057) Manual Sampling of Petroleum and Petroleum Products, and/or Section 2 , (ASTM D 4177), Automatic Sampling of Petroleum and Petroleum Products. Procedures include sample location , frequency, quantity, minimum tests required on sample, and sample retention procedures. For other than f.o.b. origin shipments, Automatic In-Line Sampling is preferred at the custody transfer point, but representative samples taken in accordance with MPMS Chapter 8, Section 1, are acceptable. See Table I, Minimum Sampling and Testing Requirements, below;

(iv) TESTING. Types of tests and test methods/procedures to be performed on samples taken from each location identified in (iii) above may be incorporated by test method reference in the QCP, if complete reference is available at the place of performance. See Table II, Definitions of Test Series below;

(v) CALIBRATION. Program for testing and measuring equipment shall be in accordance with ISO 10012, Measurement Management Systems – Requirements for Measurement Processes and Measuring Equipment, or equivalent local regulation as appropriate. A program for calibrating meters used to determine quantity shall comply with the API MPMS, Chapters 4, 5, and 6, or equivalent foreign standard. For items not covered by ASTM, API or IP publications, the applicable manufacturer's recommended calibration method, or methods outlined in the applicable industry publication, shall be used if acceptable to the Government;

(vi) STORAGE AND HANDLING. Procedures for storage and handling shall include a description of storage and handling equipment including tanks, lines, valves, and manifolds used. It shall also include identification of dedicated/common product system including description of line segregation and controls to assure capability for proper gauging, sampling, draining of water, filtration, circulation, drying; and identification of any other process/system used in maintaining product integrity during storage and handling;

(vii) LOADING AND SHIPPING, GENERAL. Procedures for product movement and related quality/quantity checks shall include a description of the transfer point from shipping tank(s) to custody transfer point in order to maintain product integrity. Lines shall have a low point drain to enable complete draining of the entire line or for obtaining line samples. Dedicated line is defined as a piping system that shall be used exclusively for fuels typed JP-10 and PF-1 and blends thereof. The lines must be flushed and drained with new fuel when some other blend of the aforementioned fuels have been used in the dedicated lines. Valve bodies in JP-10/PF-1 systems will be constructed of stainless steel or aluminum. All gaskets/seals shall be Teflon, viton, or nitrile (seals, seats and gasket material of zinc, bronze, brass or copper bearing materials are not acceptable). Carbon steel valves are permitted, provided they are internally plated with chromium. Electroplated nickel is permitted for double-seated plug valves and on nodular iron diaphragm control valves within the tank dike area. Do not furnish or install cast iron or bronze-bodied valves in JP-10 or PF-1 systems.

System used for loading and transferring this product shall be a dedicated or properly isolated common system incorporating blind flanges, spectacle plates, or double valves between them to prevent contamination. Single valves designed to provide the same protection are also acceptable if positive isolation is assured. Systems with single valve (excluding twin seal single valves) isolation require specific procedures to be included in the QCP to assure product integrity after the last single valve and prior to the acceptance point. When single valves are present in the system, the Contractor shall provide their quality control procedures from the first single valve to the custody transfer point at time of bid to the Contracting Officer for determination of acceptability. Line systems used for receipt, transfer and filling of drums and loading of tank trucks shall be constructed of stainless steel, epoxy-lined mild steel, or aluminum. .

(viii) PRELOAD INSPECTION - TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. Inspect conveyances prior to loading to determine quality/quantity suitability to load as follows:

(A) JP-10/PF-1 conveyances shall meet the requirements of MIL-STD-3004, Table XXVI, Conversion Chart for Truck (TT), Tank Cars, Truck (Tank Wagon (TW)), Tank and Trailer (TRR) and Intermodal Containers (IMC) in regard to the cleaning process and allowable product carried. The Contractor shall refrain from loading and immediately contact DLA Energy-FEQ (San Antonio) when conveyance does not meet the requirements of MIL-STD,3004.

(B) Verify discharge hoses are clean and capped, and pump housing is clean and dry. Tank truck manifold outlet shall be capped.

(C) Verify interior of conveyance is visibly clean, dry and has been prepared for loading. Remove caps from loading connections and visually inspect interior surfaces to ensure cleanliness. Interior surfaces shall be free of any presence of moisture, corrosion, scale, dirt, grease and foreign matter.

(D) Inspect tankers for general over-the-road readiness (tires, lights, no loose or missing components), and verify readiness for loading.

(ix) LOADING TANK CARS, TANK TRUCKS, AND INTERMODAL CONTAINERS. Loading of conveyances may only proceed after having passed all pre-load inspections.

(A) Loading racks shall be equipped with filter separators that are located as near the loading or filling point as practicable. Loading rack filters shall be filter/separator (F/S) types conforming to EI 1581 and shall be located on the fill line upstream of the fill nozzle header (allow 30 seconds relaxation time between the F/S and the issue nozzle). The F/S shall be equipped with coalescer cartridge elements. Elements shall be changed in accordance with manufacturer recommendations.

(B) Filled conveyances shall be sampled and tested in accordance with Table I of this clause.

(C) Prior to releasing conveyances from the loading rack, check tank exterior, valves, flanges and welds for leaks. Perform final inspection of conveyance and attach seal(s) in accordance with the clause entitled CONTRACTOR SEALS REQUIREMENT annotating seal number on the shipping documents.

(x) DRUM SHIPMENTS - The following minimum procedures are applicable when filling drums:

(A) When drummed JP-10/PF-1 is required, the Contractor will be responsible for providing the containers, pallets, and other services. The Contractor is responsible for drumming and palletizing product.

(B) Only new (unused) steel drums shall be filled. Drums used shall be 55 gallon capacity meeting, as a minimum, the Performance-Oriented Packaging wall thickness and testing criteria for the UN1A1 specification packaging of Packing Group III hazardous materials, as specified in Title 49 of the Code of Federal Regulations.

(C) Drums shall be internally coated (including bungs) with epoxy conforming to MIL-PRF-23236. Prior to filling drums, remove bung and inspect interior of each drum with a suitable drop light. Interior shall be free of rust, dirt, oil, water and all foreign matter. Damage to the epoxy coating, including blisters, cuts, bare spots and other defects will be cause for rejection of the drum.

(D) The exterior of the drum shall be protected from external corrosion in adverse climates through the use of appropriate surface preparations and applications of a corrosion preventive coating compatible with JP-10 and PF-1.

(E) The dedicated line and filling system will be flushed and drained with product to be loaded or filled immediately prior to initial use or when the line sample shows no contamination or product degradation.

(F) Drain low point or fill line and filter separator before and after each filling operation until the sump sample is clear, bright and free of water and sediment. EI 1581 filter separator shall be outfitted with coalescer elements (elements to be changed in accordance with manufacturer recommendation).

(G) Fill drums with 53 +/- 1 gallon of JP-10 or PF-1, verified in accordance with the DETERMINATION OF QUANTITY CLAUSE of this contract.

(H) Sample drums in accordance with Table I. Sample failure shall result in rejection of drums represented by sample. Rejection of a filled drum will be cause to stop filling operations. Filling will not resume until the cause for rejection has been determined and corrective action taken.

(I) Insert bungs, tighten with bung wrench sufficient to stop any leakage, and cap seal all bungs.

(xi) CORRECTIVE ACTION. Actions to be followed to effect correction of any deficiency affecting product quality or quantity determination, such as handling of off-specification product (waivers, conveyance rejections, etc.): The corrective action procedures shall include notification of the QAR.

(4) The QCP shall identify one individual to serve as a point of contact for quality/quantity matters relating to the inspection system description in the plan.

(5) The Contractor is responsible for all inspection systems, QCPs, and product quality and quantity.

(6) The Government QAR will be available to review and discuss the Contractor's proposed QCP; however, the Contractor shall remain responsible for developing and describing acceptable quality control procedures.

(b) The Contractor shall perform all inspection and acceptance tests required by the specifications of the supplies to be furnished under this contract or shall have such tests performed in a laboratory acceptable to 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.

(c) The Contractor shall inspect all shipping conveyances prior to loading to determine suitability for loading. If the Contractor and the QAR disagree as to the suitability for loading of Government furnished conveyance for supplies to be accepted at origin, the determination of the QAR shall govern. Procedures to determine suitability to load tank trucks and tank cars shall include but not be limited to visual inspection of interior compartments to assure cleanliness and dryness. Manifolds, pumps and discharge hoses must be drained and be clean and dry for intended product.

(d) The Contractor shall keep all quality and quantity records, complete and available to the Government during the performance of this contract and for three years after final payment under this contract.

(e) Immediately following award of this contract, the Contractor shall notify the QAR of the source or sources of the supplies to be furnished under any item calling for delivery f.o.b. destination. The Contractor shall also notify the QAR of any changes in source in sufficient time to permit inspection by the Government.

(f) The inspection system and related operations provided or performed pursuant to this provision shall be subject to surveillance by the QAR.

E0002 E22

LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY DEC 2011)

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 contract provision shall apply.

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

Alabama Maine Oklahoma

Arizona Maryland Oregon

Arkansas

Massachusetts Pennsylvania

California

Michigan Rhode Island

Colorado

Minnesota South Carolina

Connecticut

Mississippi South Dakota

Delaware

Missouri Tennessee

District of Columbia

Montana Texas

Florida

Nebraska Utah

Georgia

Nevada Vermont

Idaho

New Hampshire Virginia

Illinois

New Jersey Washington

Indiana

New Mexico West Virginia

Iowa

New York Wisconsin

Kansas

North Carolina Wyoming

Kentucky

North Dakota

Louisiana

Ohio

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 Cyprus Malaysia Singapore

Africa Egypt Maldives South America

Alaska Europe (Continental) Malta South Korea

Antarctica

Georgia Mauritius Sri Lanka

Armenia Greenland Mexico Syria

Ascension Island

Hawaiian Islands Midway Island Taiwan

Australia

Hong Kong Mongolia Tajikistan

Azerbaijan Iceland Myanmar Thailand

Azores

India Nepal Turkey

Bahrain Indonesia New Zealand Turkmenistan

Bangladesh

Ireland North Korea

United Arab

Bermuda

Iran Oman

Emirates

Bhutan

Iraq Pacific Islands

United Kingdom

Brunei

Israel

(Central & South) Uzbekistan

Cambodia Japan Pakistan Vietnam

Canada 110/1202 Jordan Papua New Guinea Wake Island

Canary Island

Kazakhstan Philippines Yemen

Caribbean Islands

Kuwait Qatar

Central America

Kyrgyzstan Russia

Chagos Archipelago

Laos Ryukus Islands, Japan

China

Lebanon Saudi Arabia

Comoros

Madagascar Seychelles Is.

[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

3171 N Gaffey Street

San Pedro, CA 90731-1099

(310) 241-2806/2807

(310) 241-2836

200.

DLA Energy Europe 3

Mailing Address:

DLA Energy Petroleum Lab

CMR 422

APO AE 09067-0422

[Location: Kaiserslautern, Germany]

49-631-3406-2285/2286 4

49-631-3406-2289 4

Shipping Address:

DLA Energy Petroleum Lab

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

(808) 473-4307/4287

(808) 473-4232

400.

DLA Energy Middle East 3

PSC 451, Box DLA Energy-ME

FPO AP 09834-2800

[Location: Juffair, Bahrain]

973-17-85-4658/4665 4

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.

E0003

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 - 0007 Propellant, High Density Synthetic

Hydrocarbon JP-10 (BULK)

NSN: 9135-01-048-5285

IAW MIL-DTL-87107E

Dated 12 January 2012

Delivered f.o.b. Origin

(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.

E0004 E35

NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

(a) DEFINITION: As used in this contract provision:

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 contract provision 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 or contract provision 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 contract provision 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 $500, 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 $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (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 contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 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.

E0005 E45.01.100

MANUFACTURING QUALIFICATION REQUIREMENTS (JP-10/PF-1) (AEROSPACE ENERGY)

(DLA ENERGY JUN 2013)

(a) PRE-PRODUCTION SAMPLES. The propellant furnished under this contract shall be a product which has been sampled and tested, as specified below, and has met the requirements specified in the specification when tested by the U.S. Government laboratory within 21 calendar days of contract award.

(1) The Contractor shall prepare four homogenous one -gallon samples of JP-10 (without Fuel System Icing Inhibitor). . These samples shall consist of product that is developed from one of the following techniques:

(i) Produced/blended from an existing production plant;

(ii) Produced from a pilot plant that utilizes the same process, including the same materials of construction as the Contractor’s proposed production plant; or

(iii) Blended utilizing feedstock from the Contractor’s proposed supplier(s).

Two of the JP-10 samples shall be tested by the Contractor in accordance with the most current revision of MIL-DTL-87107..

(2) The Contractor shall submit a certified copy of their pre-production sample analysis to—

DLA Energy Aerospace Energy

1014 Billy Mitchell Blvd

Bldg 1621

San Antonio, TX 78226

Or

FAX (210) 925-4842

(3) The Contractor shall submit a copy of their certified pre-production sample analysis along with the remaining two gallons of JP-10 to:

AEROSPACE FUELS LABORATORY

AFPA/PTPLA

2430 C STREET, BUILDING 70 AREA B

WRIGHT-PATTERSON AFB, OH 45433-7632

(4) The Contractor is responsible for all costs associated with meeting the pre-production sampling requirements and shipping the samples to the assigned U.S. Government laboratory identified in paragraph (3) above.

(5) If any of the pre-production samples analyzed by the U.S. Government laboratory fail to meet MIL-DTL-87107 requirements, the Contractor, at its own expense, will be allowed to resubmit a sample at least once. In no case will the contract award date be adjusted to accommodate the requirements of pre-production sampling. It is solely the Contractor’s responsibility to have its initial samples and any resubmission of samples analyzed. .

(b) The Contractors laboratory analysis may either be conducted at an on-site laboratory facility or the Contractormay utilize an independent commercial laboratory. The Contractor shall ensure all samples submitted are properly labeled with product name and grade, lot/batch number, and a request for full specification testing in accordance with the most current version of MIL-DTL-87107.. Each sample’s label should also clearly identify sample origin and should request that sample results be faxed to the DLA Energy Contracting Officer at (210) 925-8079.

(c) FIRST ARTICLE APPROVAL.

(1) The Contractor shall produce a first article batch consisting of approximately 6,000 gallons of JP-10 from the Contractor’s production facility by the time specified in the contract schedule. The Contractor shall perform full specification testing of the first article batch and send a two-gallon sample, along with a certified copy of their analysis results, to the U.S. Government laboratory designated in paragraph (a)(3) above. The Contractor shall notify the Government prior to sampling/testing of the first article batch in order to allow a Government representative to witness the Contractor’s sampling and testing procedures.

(2) If the initial first article batch sample meets full specification requirements when analyzed by the U.S. Government laboratory, the Government shall notify the Contractor that the sample has met specification and, as such, lump sum payment pertaining to all start-up costs, to include plant retrofit/facility modification, may be invoiced and shall be paid by the Government in accordance with the appropriate contract line item number. When the Government issues its first delivery order, the Contractor shall submit batch samples prior to shipping in accordance with the CONTRACTOR INSPECTION RESPONSIBILITIES contract provision of this contract.

(3) However, if the initial first article batch sample fails to meet specification requirements when analyzed by the U.S. Government laboratory, the Contractor may be authorized by the Contracting Officer to resample and submit a second sample from the initial first article batch, with a Government representative witnessing the sampling procedures, for analysis at the U.S. Government laboratory. If the resample fails, when analyzed by the U.S. Government laboratory, the Government, at its sole discretion, has the following two options:

(i) The Contractor may be allowed to make necessary repairs, changes, modifications and/or other alterations to the Contractor’s production process or plant in order to remedy the quality defects; or

(ii) The Government may terminate the contract for cause in accordance with the Termination for Cause provisions stated in the contract.

If the Government authorizes the Contractor to modify its plant or otherwise adjust its production process in the expectation of producing on-specification product, in lieu of termination for cause, such efforts on the part of the Contractor will not result in an equitable adjustment to the contract price. Upon completion of plant modification and/or adjustment of the Contractor’s process, the Contractor shall then prepare another 6,000 gallon first article batch to be sampled and tested in accordance with the sampling and testing procedures set forth in paragraph (c)(1) of this contract provision. The sample procedures apply as previously described herein until such time as the Contracting Officer no longer authorizes plant modification and/or adjustment of the Contractor’s process. Repeated failure will be grounds to terminate this contract under the Termination for Cause provision and in accordance with the terms and conditions of this contract with the Government having no responsibility to pay for any plant retrofit and/or facility modifications.

DELIVERIES AND PERFORMANCE

F0001 F1.09-6.100

DETERMINATION OF QUANTITY (JP-10/PF-1) (AEROSPACE ENERGY) (DLA ENERGY JUN 2013)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined as follows:

(1) DELIVERIES F.O.B. ORIGIN INTO U.S. GOVERNMENT-OWNED OR LEASED STORAGE TANK(S).

(i) The quantity shall be determined by one of the following methods.

(A) Level determination by properly calibrated and certified level meter or manual hand gauge and converted to volume on the basis of certified capacity tables;

(B) Weight measurement through the use of certified load cells on the storage tank and converted to gallons; or

(C) Other means approved by the DLA Energy Contracting Officer.

(D) The Government has the right to have a representative present to witness the measurement of quantity.

(2) DELIVERIES F.O.B. ORIGIN INTO OR BY TANK TRUCK/TRUCK AND TRAILER/TANK WAGON.

(i) The quantity shall be determined by one of the following methods:

(A) Certified capacity table of the conveyance loaded;

(B) Calibrated meter; or

(C) Weight, using calibrated scales.

(D) The Government has the right to have a representative present to witness the measurement of quantity.

(ii) WATER BOTTOMS.

(A) Every delivery must be free of all water bottoms prior to discharge; and

(B) The Contractor is responsible for water bottom removal and disposal.

(b) VOLUME CORRECTION. Volume correction to gallons at 60 degrees Fahrenheit (or liters at 15 degrees Celsius) is required for—

(1) All product volumes measured in storage tanks; and

(2) All other volumes of fuels and fuel oils measured in tank trucks, trucks and trailers, and tank wagons.

(c) MEASUREMENT STANDARDS. All measurements and calibrations made to determine quantity shall be in accordance with the most recent edition of the API Manual of Petroleum Measurement Standards (MPMS). Certified capacity tables shall mean capacity tables prepared by an independent inspector or any independent surveyor. In addition, the following specific standards will be used as applicable:

(1) API MPMS Chapter 11.1, Volume Correction Factors (API 2540/ASTM D 1250/IP 200/ISO 91-1). Either the printed version or the computer subroutine versions of the standard may be used. In case of disputes, the computer subroutine shall be the referee method.

(i) Use Volume III, Table 6C (or Volume IX, Table 54C), or volume correct in accordance with the product specification.

(ii) For JP-10 and PF-1, the quantity reported on all shipment paperwork should be reflected in U.S. gallons, so if the original measurement is by weight, then convert via—

(A) Volume XI, Table 8, shall be used to convert pounds to U.S. gallons at 60 degrees Fahrenheit.

(B) Volume XII, Table 58, shall be used to convert metric tons to U.S. gallons at 60 degrees Fahrenheit.

(2) API MPMS, Chapter 4, Proving Systems. All meters used in determining product volume shall be calibrated using this standard with the frequency required by local regulation. If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every 6 months, whichever is more frequent.

(3) API MPMS Chapter 12, Calculation of Petroleum Quantities. All calculations of net quantities shall be made in accordance with this chapter.

F0002 F7

DELAY OF CARRIER EQUIPMENT (DETENTION) (AEROSPACE ENERGY) (DLA ENERGY APR 2006)

Detention charges at the Contractor’s facility for delay of the carrier’s equipment in excess of the carrier’s tariff/tender allowable free time is to be documented on the carrier’s Transport Equipment Delay Certificate. Both the carrier driver and the Contractor must sign the certificate. Documentation shall include the time and date the carrier driver arrived, the time and date the carrier driver departed, and the reason(s) for the delay. Documentation shall be provided to the carrier driver prior to his departure from the facility.

F0003 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

G0001 G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007)

(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.

NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 20 CHARACTERS)

AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK: | | | | | | | | | |

ACCOUNT TYPE CODE: (Contractor to designate one)

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: | | | | | | | | | | | | | | | |

(DO NOT EXCEED 15 CHARACTERS)

RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below. Total space available for information entered in (b) OR (c) is 153 characters.

(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:

(DO NOT EXCEED 153 CHARACTERS)

OR

(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor: Second Bank Name, City/State and/or Country, Account Number, and Account Name.

(DO NOT EXCEED 153 CHARACTERS)

(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS TRANSFER INFORMATION.

NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

SIGNATURE: ______________________________________________________________________

(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this provision must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.

(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.

(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.

(h) NOTICE TO FOREIGN SUPPLIERS.

(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.

(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.

(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.

(i) Notwithstanding any other provision of the contract, the requirements of this provision shall control.

SPECIAL CONTRACT REQUIREMENTS

H0001 H15 TRANSPORTATION REQUIREMENTS FOR F.O.B. ORIGIN SHIPMENTS BY TANK TRUCK, TRUCKLOAD, AND/OR LESS THAN TRUCKLOAD (CYLINDER/DRUM) (AEROSPACE ENERGY) (DLA ENERGY JAN 2012)

(a) The address for the Transportation Office (TO) referred to in this provision is—

ATTN: DLA ENERGY-MIP

BUILDING 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226-1859

PHONE: (210) 925-1579

FAX: (210) 925-1319

(b) For the purposes of this provision and shipments made under the contract, a cylinder/drum may be considered “truckload” or “less than a truckload.”

(c) Shipments will be made on Commercial Bills of Lading (CBLs) in accordance with appropriate regulations. A CBL will be furnished by the TO in advance of the anticipated shipping date. In the event that a CBL is not provided prior to the shipment and under the direction of the TO, a carrier/contractor bill of lading may be used. The Contractor shall complete and distribute the CBLs as noted on the routing instructions furnished by the TO. The Contractor shall annotate on the CBL the weight/gallons, seal numbers, and signature of the agent. The Contractor shall fax the completed CBL to the TO.

(d) The Contractor is responsible for—

(1) Contacting and scheduling the carrier in for loading, when directed by the TO in the routing instructions;

(2) Inspecting all shipping conveyances prior to loading to insure that product loaded will not be lost or contaminated by the condition of the equipment. Tank truck inspection must be performed by qualified Contractor personnel. Delegation of this responsibility shall not be passed to the tank truck operator/driver; and

(3) Loading of transport equipment shall be in accordance with 49 CFR. The Contractor is liable for reimbursement to the Government for damage to any equipment caused by the failure to load, block, and brace the shipment in accordance with acceptable standards set forth therein.

(4) DD Form 626, Motor Vehicle Inspection (Transporting Hazardous Materials). The Contractor is required to fill out the DD Form 626 using one of the options provided below for all shipments of hazardous materials:

(i) The carrier will submit a copy of the vehicle mechanical…