SPE4A619R0402_CONSOLIDATION_SYNOPSIS_AM1.pdf

10. FOR

INFORMATION

CALL:

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

DO-C9

2. CONTRACT No. 3. SOLICITATION No.

SPE4A6-19-R-0402

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)X

5. DATE ISSUED

2019 JUL 02

6. REQUISITION/PURCHASE No.

1000076212

7. ISSUED BY 8. ADDRESS OFFER TO

NOTE : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

11. TABLE OF CONTENTS

DESCRIPTION

25. PAYMENT WILL BE MADE BY

CODE

SOLICITATION

until (Hour) (Date)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 33 (Rev.9-97) Prescribed by GSA FAR (48 CFR) 53.214 (c)

OFFER (Must be fully completed by offeror ) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

AWARD (To be completed by Government)

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

14. ACKNOWLEDGMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

12. In compliance with the above, the undersigned agrees, if this offer is accepted within period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS

SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

(X) PAGE(S) SEC. DESCRIPTION PAGE(S)

SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

I CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

DELIVERIES OR PERFORMANCE

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

AMENDMENT NO. DATEAMENDMENT NO. DATE

G

H

SEC.

B A

C

E

D

F

(X)

FACILITY CODE

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE

17. SIGNATURE

19. ACCEPTED AS TO ITEMS NUMBERED

23. SUBMIT INVOICES TO ADDRESS SHOWN IN22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

24. ADMINISTERED BY (If other than item 7) CODE CODE

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer )

26. NAME OF CONTRACTING OFFICER (Type or print) calendar days (60 calendar days unless a different

15A. NAME AND

ADDRESS

OF OFFER-

OR

10 U.S.C. 2304 (c) ( 41 U.S.C. 253 (c) () )

DLA AVIATION

ASC COMMODITIES DIVISION

8000 JEFFERSON DAVIS HIGHWAY

RICHMOND VA 23297

USA

See Continuation Sheet

Reception Area (Bldg 33) 4:00PM 2019-Aug-16

A. NAME

Cheryl Denham PARWC31

B. PHONE/FAX (NO COLLECT CALLS)

Phone: 804-279-2225

C. EMAIL ADDRESS

Cheryl.Denham@dla.mil

X 1 X 23

X 25 X 27

X 29 X 30

X 30

X 31

X 55

X 56

X 72 X 78

15B. TELEPHONE NUMBER 18. OFFER DATE

28. AWARD DATE

20. AMOUNT

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) CALENDAR DAYS (%)30 CALENDAR DAYS (%)

21. ACCOUNTING AND APPROPRIATION

ITEM

SPE4A6

EXT.NUMBERAREA CODE

(4 copies unless otherwise specified)

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SPE4A6-19-R-0402

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Note: Information contained in Addenda may supplement FAR/DFARS/DLAD/DLA Aviation clauses and Provisions. Please note that Clauses/Provisions May Not Be in Chronological Order.

PLEASE READ THE SOLICITATION IN ITS ENTIRETY.

Points of Contact:Ms. Marie Harrison, 804-279-5477 (Marie.Harrison@dla.mil) Ms. Cheryl Denham, 804-279-2225 (Cheryl.Denham@dla.mil)

(NOTE: E-mails are requested in lieu of telephone calls)

1. ALL OR NONE: Offers must be submitted for all material and services listed in the Statement of Work (SOW) and for the contract line items (CLINS) listed in Section B to be evaluated for a single contract award. No award will be made for less than the full requirements set forth in this solicitation for all CLINS listed on the schedule of supplies.

Offers for less than the full requirements will be rejected.

2. DLA prefers that proposals be submitted in US Dollars (USD), but will consider proposed unit prices and refurbishment prices in other currencies. The successful contractor’s proposed currency will be utilized for the resulting award.

3. This solicitation is for a fixed price, Indefinite Quantity Contract (IQC). The contract will include a one-year base period and four one-year option periods. References in the solicitation and clauses to “base year or option year” are considered as a 1-year base period or option period.

4. Government Furnished Property (GFP) will be presented in order to establish the initial cylinder pool.

Approximately 25,443 cylinders make up the cylinder pool for this contract.

5. DLA intends to make one award without discussions. Discussions, if necessary, will be conducted in accordance with FAR 15.306. Discussions will not be held with rejected offers.

6. Delivery orders will be issued by Defense Logistics Agency (DLA).

7. Specifications for each gas, each empty cylinder and each valve may be obtained at: http://assist.daps.dla.mil/ quicksearch/

8. Delivery Requirements:

12 Days ARO- for Customer Direct (CD) orders with priorities 01-03 16 Days ARO- for CD orders with priorities 04-08 16 Days ARO- for CD orders with priorities 09-12 Refrigerant or ABO = Forty-five (45) days

Please provide proposed delivery for:

Priorities 01-03 Priorities 04-08 Priorities 09-12

9. Formal proposals are required from each offeror. Instructions for the preparation and submission of formal proposals are included in Section L of this solicitation.

10. Please provide FOB Origin pricing for items 0001-0048 on attachment 1. Pricing listed elsewhere on the solicitation is unacceptable. Electronic Data Interchange and Internet Quoting System offers are not acceptable.

11. Each proposal will be evaluated pursuant to the information provided in Section M of this solicitation.

12. Offers will be evaluated on the basis of the estimated annual demand quantities as provided in Attachment 1 – Schedule B1. Proposed prices should be added to Schedule B1 and returned with proposal. Note: The FSC 8120 NSNs listed in Attachment 1 – Schedule B1 are included as a cross reference to indicate which empty cylinder is necessary to meet full cylinder requirements. At no time during performance of this contract will the Contractor be required to fill a customer order for an empty cylinder.

13. Submit the following with your offer:

* Complete and clear copies of all applicable Safety Data Sheets (SDS)

* Clear copies of applicable Hazardous Warning Labels

* Please provide your email address: _______________________________

* For information purposes only:

The business size of the manufacturer:

[ ] Small [ ] Large

SECTION B – SCHEDULE OF SUPPLIES

Schedule B1 lists the NSNs that have experienced demand in the past year and that will be priced for this solicitation (see Attachment 1).

Schedule B5 lists the refurbishment and disposal services (see Attachment 5).

Schedule B3 lists the minimum and maximum delivery order quantities for customer direct (CD) orders (see Attachment 3).

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(End of Section B)

SECTION C- STATEMENT OF WORK

1.0 INTRODUCTION AND SCOPE

The purpose of this industrial gas support program is to provide industrial compressed and liquefied gases in Federal Supply Class (FSC) 6830 – Gases: Compressed and Liquefied but excluding Class I Ozone Depleting Substances (ODS). The program will support U.S. Government and Military forces conducting operations in the CENTCOM Area of Responsibility (Section 7.1(B)). This will be a follow-on contract to contract SPE4A6-14-D-0219, dated 20 June 2014.

1.1 CONTRACTOR REQUIREMENTS

The Contractor is encouraged to implement best business practices from the commercial sector to enhance support operations and control costs as appropriate. The Contractor shall perform/is responsible for the following:

A. Comprehensive management of compresses gases and cylinders to include planning/forecasting, order processing and fulfillment, procurement/purchasing, inventory management, quality control, shelf life management, data management/delivery, customer support services, and material returns.

B. Management of a pool of Government Furnished Property (GFP) cylinders to include storage, maintenance/ refurbishment, filling, distribution, and disposal.

C. For the National Stock Numbers (NSNs) listed in Attachments 1 and 2: A cylinder exchange program for CENTCOM only to include the delivery of full cylinders to and the pick up of empty cylinders from customers’ locations, ports or government designated locations. Responsible for handling discrepancies (including customer returns) associated with Product Quality Deficiency Reports (PQDRs) and Supply Discrepancy Reports (SDRs). See Section

9.1 for more details.

D. Responsible for establishing and maintaining direct customer interaction to facilitate order delivery and customer returns, and to promote program growth and development.

E. The Contractor shall be responsible for providing all materials, vehicles, equipment, permits, transportation, and any other items or services necessary to support the program.

F. The Contractor must be able to receive order acknowledgement from the DLA Internet Bid Board Systems (DIBBS – www.dibbs.bsm.dla.mil).

G. The Contractor shall identify and comply with all applicable international, national, and local laws, rules, regulations, and directives governing the transportation, storage, safety, qualification, and certification of gases and cylinders necessary to perform this contract.

H. The Contractor is responsible for obtaining/maintain all required certification, licenses, and state and municipal locale approval, as required herein during the performance of the contract.

1.2 GOVERNMENT RESPONSIBILITIES

The Government shall:

A. Provide cylinders as Government Furnished Property (GFP) for use in the cylinder pool.

B. Provide nine (9) sample cylinders, as GFP, for Aviator’s Breathing Oxygen (ABO) sampling/testing.

C. Maintain responsibility of alternate source approvals, surplus offers, First Article Test (FAT) requirements, Qualified Products List (QPL), Quality Assurance Letters of Instruction (QALI), Government Lot Acceptance Testing, PQDR/SDR approval, Military/Federal Specifications, Commercial Item Descriptions (CID), Purchase Order Text (POT), waivers and deviations, establishing new NSNs as required, maintaining the Qualified Status List (QSL), and approving Safety Data Sheets (SDSs) and Hazardous Warning Labels (HWLs), origin inspection determination and provide access to the QSL on an as needed basis.

D. Facilitate Contractor access to the Hazardous Material Information Resource System (HMIRS).

E. Provide Purchase Order Text (POT) monthly for potential data changes.

2.0 TRANSITION AND OPERATIONAL CAPABILITY

2.1 TRANSITION

Transition must be synchronized among the Contractor, DLA Distribution and DLA Aviation to ensure that customer requirements remain satisfied during the transfer with little or no disruption in customer support and in accordance with an approved transition plan.

2.2 TRANSITION PLAN

A. The Contractor shall develop a transition plan and submit it with the proposal prior to the solicitation closing date. The transition plan shall be finalized and approved by DLA Aviation within ten (10) working days of contract award.

B. Transition from the current Contractor to the awarded Contractor shall be completed by current contract expiration on 7 January 2020. Contract performance will begin on 8 January 2020.

2.3 FULL OPERATIONAL CAPABILITY (FOC)

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The Contractor will have completed transition by 7 January 2020 or once the Contractor assumes responsibility for individual products during transition. The Contractor shall assume responsibility for all items in Attachment 1 within the timeframes specified in the transition plan.

3.0 ASSUMPTION OF ITEM MANAGEMENT

The Contractor’s assumption of item management will begin for all items in Attachment 1 on 2 January 2020. Assumption of item management prior to 8 January 2020 will be by bilateral modification.

4.0 ESTABLISHMENT OF CYLINDER POOL

A. The Contractor shall be required to establish, maintain, and secure, at the Contractor’s designated location (s), a pool of Government Furnished Property (GFP) cylinders subject to FAR Part 45 and the GFP clauses of this contract. The pool shall consist of a sufficient quantity of various types of empty compressed gas cylinders (new cylinders, refurbished cylinders and cylinders requiring refurbishment).

B. The transfer of cylinders for the cylinder pool will be accomplished in accordance with Section 2.0. Cylinders needing refurbishment or damaged in transition will be refurbished by the Contractor in accordance with Section 5.0.

The transfer of cylinders in the cylinder pool must be accomplished within the timeframes set forth in the transition plan.

C. The Contractor shall maintain adequate stock of cylinders in the cylinder pool at all times, in order to meet customer demands for cylinders within the required delivery times.

D. The stock level of empty cylinders within the cylinder pool shall be maintained through Contractor pickups from customers, with any deficit being furnished by the U.S. Government. The Contractor shall notify the Contracting Officer in a timely manner (in most cases, at least 90 days before need will arise) if customer pickups are insufficient to maintain the required stock level in the cylinder pool. The request to the Contracting Officer shall indicate the quantity being requested, the applicable empty cylinder NSN, and justification of the request that would bring the cylinder pool stock level to an acceptable level. Upon notification from the Contractor, DLA Aviation will determine whether additional empty cylinders are necessary and provide the necessary type and number of empty cylinders. All shipments of GFP provided/arranged by DLA Aviation will be shipped to one location, identified by the Contractor in its proposal, for the duration of the contract. Costs of distribution beyond that point will be borne by the Contractor. If the Contractor has open delivery orders which cannot be filled because the Government has failed to provide sufficient empty cylinders, the delivery date for the orders will be extended until the empty cylinders arrive or the orders will be cancelled and fulfilled through an alternate contract.

E. Customer pickups and returns include full, empty, used, partially used and excess items as listed in Attachment 1.

F. In the event that customers have excess cylinders at their site, the customer will coordinate the pickup of these cylinders directly with the Contractor. After verification that the excess cylinders are supported by this contract, the Contractor will schedule the pickup directly with the customer.

G. As directed by the Contracting Officer, the Contractor may be required to pick up empty cylinders from ports or other designated locations and transport them back to the Contractor’s designated location(s).

H. As directed by the Contract Officer, the Contractor may also be required to pick up empty cylinders that are outside the scope of products supported on this contract from a designated location and transport them back to the Contractor’s location(s) to await further disposition instructions.

I. The Contractor shall coordinate with the local area supporting Movement Control Team for the return of empty U.S. Government shipping containers to the designated container holding facility.

J. The Contracting Officer may, as needed, direct that Contractor to prepare for and ship excess empty cylinders from the cylinder pool to meet requirements outside the Contractor’s designated support area.

5.0 MAINTENANCE OF CYLINDER POOL

The Contractor shall perform cylinder maintenance and refurbishment services that are necessary to maintain the cylinders in a fully serviceable condition.

5.1 REFURBISHMENT OF GFP CYLINDER

The Contractor shall perform the necessary cylinder maintenance and reconditioning services to maintain the cylinders in a fully serviceable condition. These services shall be performed as outlined in MIL-STD-1411 “Inspection and Maintenance of Compresses Gas Cylinders.” The U.S. Government shall reimburse the Contractor for services provided based on a negotiated fee-for-service rate schedule. The Contractor shall furnish all materials and replacement parts necessary, in order to perform the authorized services listed below:

A. Stripping and Painting, to include, stripping of paint as necessary by grit blast, caustic solution, or wire brush and repainting with the proper color code, all lettering, stenciling, affixing of decals, metal lettering and/or number stamping when required by applicable regulations. Treatment and painting shall be by any method or system that will provide a finish that will meet the requirements of the item description for the reconditioned cylinder NSN.

B. Stenciling, miscellaneous (applicable to stenciling required on cylinders that do not require stripping or painting).

C. Hydrostatic testing of cylinders. Cylinders shall be tested in accordance with DOD and DOT regulations

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on or before the required test date or prior to the required test date when directed by contract or order. This includes valve removal, testing, indenting new test date, drying interior with air or an inert gas to a dew point consistent with the quality of the product for which the cylinder is designated, and resetting same or new valve.

NOTE: At the time of solicitation the Contractor shall be required to furnish documentation substantiating that it will use a hydrostatic testing facility which is DOT certified.

D. Modified hydrostatic test, where permitted by DOT regulations. This shall also include all of the supplemental requirements listed in Section 5.1 (C).

E. Visual inspection in lieu of hydrostatic test, where permitted by DOT regulations. This shall include the removal of the valve, internal and external inspection, and resetting the same or new valve.

F. Internal drying the interior of cylinder listed in Section 5.1 (C) but not in conjunction with a hydrostatic test.

G. Internal mechanical cleaning of cylinder prior to or not in conjunction with a hydrostatic test to include flushing of particulate matter with air or water.

H. Internal chemically cleaning of cylinder to remove a hydrocarbon or other contaminant as required by applicable specifications. To include pressurization, evacuation, purging and analyzing to assure removal of all contamination.

I. Remove fractured, rusted or damaged cylinder parts, to include valve protection cap, valve, plugs and collars. NOTE: All serviceable parts, valves and fittings that are removed from the U.S. Government-owned cylinders and not reused by the Contractor shall be returned to the U.S. Government as directed by the Contracting Officer at the end of the contract.

J. Metal stamping chemical symbol of the gas on valve.

K. External visual inspection of Acetylene cylinders. This shall include preparing the external metal surface (stripping if necessary) and performing a visual inspection of all exterior surfaces and flange threads for deteriorating conditions in accordance with and not to exceed limits found in Compressed Gas Association (CGA) Pamphlet C-13.

L. Internal visual inspection of Acetylene cylinders. This shall include the removal of the valve, all fuse plugs, screen, felt pads and inspect the interior filler mass for shrinkage and deterioration in accordance with the procedures found in CGA Pamphlet C-13. Once the inspection has been completed and the cylinder found acceptable, the cylinder shall be reassembled with new felt pads and a new screen and the same or new valve. All deteriorating fuse plugs shall be replaced.

M. Remove and reclaim and/or destroy all residue of a known product prior to the reconditioning of a cylinder for refilling.

N. The following exception is taken to MIL-STD-1411B:

a. Paragraph 5.3.2.5.3 Valve installation, in the first sentence delete “antisieze thread compound”.

b. Paragraph 3.22 Nonshatterability identification, add “of 4130X steel” after 3AA.

c. Paragraph 5.3.2.53 Valve installation, delete the second sentence, “A vacuum of not less than 3 inches of mercury absolute pressure must be maintained for 30 minutes”.

O. Change in Service. This shall include the conversion of cylinders IAW CGA Pamphlet C-10.

P. Ultrasonic testing. Use of ultrasonic testing is only permitted upon submission of a waiver by the Contractor and approval by DLA.

Q. UNLISTED SERVICES: Permission to perform unlisted services not covered by this document must be obtained from the Contract Administrator, prior to performing the service.

5.2 REPLACEMENT PARTS AND ACCESSORIES FOR CYLINDERS

The Contractor shall provide the following parts and accessories as required:

A. Cylinder valves B. Dip tube (siphon) including retreating C. Collar (Neck Flange) D. Valve hood (Valve protection cap) E. Frangible disc type pressure relief device assembly F. Combination fusible plug-frangible disc type pressure relief device assembly G. Plastic valve outlet cap or plug (not permitted for oxygen service) H. Brass valve outlet cap or plug and retaining chain and clip I. Frangible disc J. Fusible plug in valve K. Fusible plug in cylinder L. Valve stem M. Valve packing N. Felt pads (Acetylene cylinders) O. Acetone (Acetylene cylinders) P. Screen (Acetylene) Q. Replace caps as required R. Horn, hose and nipple (15 lb. CO2 Fire Extinguisher)

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S. Handle (15 lb. CO2 Fire Extinguisher) T. Mounting bracket (15 lb. CO2 Fire Extinguisher) U. Band and faceplate (15 lb. CO2 Fire Extinguisher)

Refurbishment of NSN 6830-01-558-9953 (15-lb carbon dioxide fire extinguisher) to meet the requirements of NSN 8120-01-502-4379 is not considered a “standard” refurbishment because of the additional parts required. Because of the additional part required, refurbishment of NSN 6830-01-558-9953 shall be priced separately from the “standard” cylinder refurbishment.

The empty cylinder assembly NSN 8120-01-502-4379 shall be complete with the discharge valve assembly, discharge hose and hose assembly, nameplate band and mounting bracket in accordance with Military Specification MIL-E-24269 Class 1 Paragraphs 3.5.1 through 3.5.5. In addition, the complete cylinder assembly shall meet all requirements of MIL- E-24269 Class 1 except paragraph 3.3.1.2.

5.3 VALVES

A. All valves shall conform to the requirements of Commercial Item Description (CID) A-A-59860. Each valve shall have an approved outlet connection as defined in ANSI/CSA/CGA Standard V-1. Each valve shall be assembled with the appropriate pressure relief device for the gas application and the designated cylinder and its service pressure.

Valve protection caps, for cylinders designed to receive such caps, shall be securely attached to the cylinders in a manner to protect the valves from damage during transport and delivery to the purchaser's receiving area.

B. All references to "MIL-DTL-2" in the 6830/8120 item descriptions should be deleted and replaced with "

CID A-A-59860".

C. In accordance with paragraph 3.3 of CID A-A-59860 all valves shall be marked with the name or chemical symbol for the intended gas service.

D. The following exceptions are taken to CID A-A-59860 Commercial Item Description, Valves, Cylinder, Gas:

Paragraph 3.3 Marking, delete the third sentence, “The contracting agent shall provide the required nomenclature.”

5.4 CYLINDER REQUALIFICATION

A. The Contractor shall ensure that all shipped/delivered cylinders meet U.S. Department of Transportation (DOT)/Interstate Commerce Commission (ICC) qualifications. The Contractor is also responsible for ensuring that the cylinders meet all local, national, and international qualification requirements.

B. DOT/ICC 3AA Cylinders:

a. Requalification Date. The cylinder shall be requalified as required by applicable DOT regulations.

Upon request by the ordering activity, the Contractor shall requalify any U.S. Government owned cylinder regardless of the scheduled requalification date.

b. Hydrostatic Testing. Hydrostatic testing shall be performed in accordance with an approved method described in Compressed Gas Association Pamphlet C-1 “Methods for Hydrostatic Testing of Compressed Gas Cylinders”.

I. The Contractor shall ensure any Hydrostatic Test Facilities used to perform this contract are Department of Transportation (DOT) certified. Should the Contractor change facilities or should the facility’s certificate be renewed, the Contractor shall submit a copy of the current certificate to the Contracting Officer prior to using the new or re-certified facility. Additional information concerning hydrostatic testing can be found at:

http://www.phmsa.dot.gov/hazmat/regs/sp-a/approvals/cylinders

c. At the time of contract award (or at any time during contract performance), the Contractor may submit a waiver for approval to use Ultrasonic Testing in lieu of Hydrostatic Testing.

d. Visual Inspection. Visual inspections shall be performed in accordance with the Compressed Gas Association Pamphlet C-6 “Standards for Visual Inspection of Steel Compressed Gas Cylinders”.

e. All testing and inspections shall be in full compliance with 49 CFR Part 180 subpart C.

C. DOT/ICC 8 and 8AL Cylinders: Inspection – Each acetylene cylinder shall be requalified for both the external shell and the internal filler mass in accordance with the requirements of the Compressed Gas Association Pamphlet C-13 “Guidelines for Periodic Visual Inspection and Requalification of Acetylene Cylinders”.

D. DOT/ICC 4BW Cylinders: All repair, rebuilding and reheat treatment shall be in full compliance with 49 CFR Part 180 subpart C.

6.0 DISTRIBUTION

6.1 PALLETS AND BANDING

A. The Contractor shall use pallets manufactured in accordance with MIL-STD-147 for shipment of cylinders.

B. The following exception is taken to MIL-STD-147E Palletized Unit Loads:

Delete paragraph 5.3.2.2 Non-metallic strapping.

6.2 MARKING AND LABELING

A. The Contractor shall label all cylinders with a weather-proof label (able to withstand exposure to weather of all kinds without damage or loss of function). The Contractor may defer to MIL-PRF-61002 Pressure Sensitive Adhesive Labels for Bar Coding.

B. The acceptable label shall include the following information:

DLA CONTRACT SPE4A6-XX-X-XXXX

RETURN TO (insert Contractor’s name here) IAW CHAPTER 8 OF DoD 4145.19-R-2

CUSTOMER CALL CENTER 1-877-352-2255 (DSN: 312-661-7766)

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C. The requirements contained in DoD 4145.19-R-2 are also contained in:

AR 700-68

NAVSUPINST 4440.128D

AFJMAN 23-227(I)

MCO 10330.2D

DLAI 4145.25

D. The cost for labeling (material and labor) shall be included in the unit price.

6.3 CERTIFICATE OF ANALYSIS

A. Certificate of Analysis reports shall be supplied with all orders delivered for Breathing Air NSN 6830-01-593-4778.

B. Certificate of Analysis reports shall be supplied with other orders upon request by the customer.

7.0 TRANSPORTATION

7.1 DELIVERY

A. The Contractor must be able to deliver full cylinders to various customer requesting activities, facilities or Government designated location (Customer Direct, CD) throughout the CENTCOM AOR (to include the transshipment point), with a minimum quantity of one (1) cylinder to a maximum quantity as identified in Attachment 3 of the solicitation.

B. The CENTCOM Area of Responsibility (AOR) includes: Afghanistan, Bahrain, Egypt, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, and Djibouti.

C. The Contractor shall be able to deliver to all countries within the CENTCOM AOR as needed.

a. The countries in the CENTCOM AOR with known historical demand include: Afghanistan (via transshipment), Bahrain (to include Navy ships offshore), Iraq (via transshipment), Kuwait, Oman, Qatar, United Arab Emirates, and Djibouti.

D. For customers in Afghanistan and Iraq the Contractor shall deliver the cylinders to the Central Receiving and Shipping Point (CRSP) in Kuwait, which is defined as the transshipment point for this contract.

E. For customers in locations other than Afghanistan and Iraq, the Contractor shall deliver the cylinders directly to the customer (or otherwise negotiated).

F. Terms and conditions for support via direct delivery or via transshipment to Egypt, Iran, Jordan, Kazakhstan, Kyrgyzstan, Lebanon, Pakistan, Saudi Arabia, Syria, Tajikistan, Turkmenistan, Uzbekistan or Yemen, will be negotiated if/when demand materializes in those countries.

G. The Contractor shall be responsible for shipment of products in accordance with 49 CFR 170-178.

International Maritime Organization – International Dangerous Goods (IMO-IMDG), International Civil Aviation Organization – International Air Transport Association (ICAO – IATA), and Military Aircraft (MILAIR) [Air Force Manual (AFMAN) 24-204].

H. MIL-AIR palletization (see MIL-STD-2073 and MIL-HDBK-774) is required for orders transported via US Military aircraft. Steel safety carts (T-carts) cannot be utilized.

I. Loose cylinders shall be transported in accordance with DoD 4145.19 paragraph 5.9(G)(7) and 5.9(G)(8).

J. Delivery orders for shipment to a Navy vessel will not contain a complete shipping address. The Contractor shall call NAVSUP to coordinate at 757- 443- 5434.

K. The Contractor shall fill all orders in accordance with Time Definite Delivery (TDD) Standards (Appendix 8 of DoD 4140.1-R, DoD Supply Chain Material Management Regulation) based on the Issue Priority Group (IPG) of the customer order. [These standards are subject to change throughout the life of the contract.] According to current TDD standards, delivery requirements are as follows:

IPG 1: Twelve (12) days IPG 2: Twelve (12) days IPG 3: Sixteen (16) days

L. The Contractor shall complete and process customs documentation as required by local authorities.

Requirements for customs documentation are subject to change. The Contracting Officer shall be notified and, if necessary, modifications will be made to the contract/SOW to account for these changes.

M. The Contractor shall reutilize to the maximum extent possible, all expendable U.S. Government furnished pallets, bins, baskets, cross-bracing, etc. used to transport the empty cylinders to the Contractor’s designated location(s) and when transporting full cylinders to the customer location. The Contractor shall use best judgement in determining whether expendable materials are in the best interest of personnel safety and protection from material damage.

N. The transportation of full and empty cylinders in U.S. Government or Contractor owned steel bins, baskets, pallets, or other similar devices is authorized, proved such means of transportation meets or exceeds all DOT and local country regulations.

7.2 DELIVERY METRIC – FILL RATE - RESERVED

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8.0 PURCHASING AND TECHNICAL REQUIREMENTS

8.1 ITEM DESCRIPTIONS

A. All products delivered under this contract shall be provided in strict compliance with the Purchase Order Text (POT) requirements. The Contractor is responsible for notifying the Government if the part number or technical data, including specification and drawing revision, is different from the information cited in the POT. Until the Government has approved such a change, the Contractor shall provide the product in accordance with the POT.

B. The Contractor shall receive Government approval prior to ordering material from sources other than those approved in the POT, on a source controlled drawing, or in a qualified products list.

C. A Quality Matrix is included as Attachment 4. The Quality Matrix provides information to supplement the requirements stated in the POT. In the event that a conflict exists between these documents, the POT data shall be the prevailing requirement.

8.2 SAFETY DATA SHEETS (SDS)

SDSs are required for all materials delivered under this contract that meet the definition of hazardous as set forth in the latest version, which is Revision E, of Federal Standard 313 (including any versions or changes adopted during the life of the contract). The Contractor should pay particular attention to paragraph 4.3 of Federal Standard 313 (Additional Information Required on SDS). SDSs must be provided as specified in the contract within 10 business days of product being entered into Contractor’s inventory system or within 10 business days prior to shipment of product if shipping direct from subcontractor’s facility. After approval, all SDSs must also be linked to the appropriate delivery order number(s).

8.3 OSHA HAZARD COMMUNICATION LABELS/HAZARDOUS WARNING LABELS (HWLs) Items shall be labeled in accordance with 29 CFR 1910.1200 unless otherwise directed by 29 CFR 1910.1200 (b) (5).

HWLs must be provided to the Contracting Officer or designee within 10 business days of product being entered into Contractor’s inventory system or within 10 business days prior to shipment of product if shipping direct from subcontractor’s facility.

8.4 ELECTRONIC SUBMISSION OF SDS DATA SET – REQUIREMENTS

A. The Contractor will be required to link and provide the SDS associated with each Delivery Order (DO). In addition, the Contractor will be required to provide electronically the following data set for interfacing with DLA Aviation’s SDS Delivery Order Application (DOA) program: NSN; Contractor Serial Number; Contract and DO Number; Source of Supply; Contractor Source of Supply CAGE; Manufacturer/Responsible Party CAGE; SDS Responsible Party; SDS Preparation Revision Date; Product Name.

B. The DO data is to be transmitted from the Contractor electronically to the DLA Web Service site using an XML data structure in a Simple Object Access Protocol (SOAP) format. An example of the SOAP format being used can be found at: https://apps.aviation.dla.mil/DeliveryOrder/DeliveryOrderPort?wsdl

C. The Contractor has the option of providing an optional file name for the transmission sent in order to confirm the accuracy of the data transmission. Upon receipt of the transmission, the Web Service will send a message acknowledging receipt. To transmit data to the Web Service requires authorized access by a company user which must be obtained through the DLA Application and Provision System (AMPS).

8.5 ITEM TESTING AND CERTIFICATION REQUIREMENTS

A. NSNs that require Government or Contractor First Article Testing, Production Lot Testing, In-process inspections, Aviator’s Breathing Oxygen (ABO) testing, Origin Inspection, and gas certificates of traceability and certificates of analysis are identified in the POT and the Quality Matrix (Attachment 4). NSNs that require origin inspection are coded C or 1 in the Place of Inspection Code (PIC) field of the Quality Matrix (Attachment 4). DCMA source inspection is required for all Critical Safety Items (CSI) and other NSNs as designated by DLA Aviation. It will be the Contractor’s responsibility to contact Defense Contract Management Agency (DCMA) to schedule an inspector access to the appropriate location to support inspection in accordance with the contract.

B. This contract contains NSNs/products that require origin inspection. The number of NSNs/products on the contract requiring origin inspection can change during the term of the contract. Origin inspection requires the Contractor to have an excellent working relationship with the local DCMA office/inspector(s) to ensure inspections are scheduled and performed in a timely manner with minimal impact on deliveries and metrics. Origin Inspection NSNs/ products can require additional testing, documentation, storage and administrative costs on the part of the Contractor.

C. The Contractor is responsible for the performance of all inspection and testing requirements as required herein. Except as otherwise noted, the Contractor may use his own or any other facilities suitable for the performance of the inspection and test requirements. The U.S. Government reserves the right to perform any of the inspections or tests set forth herein, where such inspection tests are deemed necessary to assure supplies and services conform to the prescribed requirements.

8.6 AVIATOR’S BREATHING OXYGEN (ABO)

A. Military Specification MIL-PRF-27210: As stated in paragraph 4.1, the Contractor is required to submit a preproduction sample in accordance with paragraph 4.2.1 and periodic samples every 60-days in accordance with paragraph 4.2.2. It is recommended that the Contractor take a “retain” sample when taking the periodic sample. The “retain” sample shall be maintained by the Contractor until the laboratory test results are received and the Government has determined compliance with the specification requirements. The preferred method for ABO testing is for the Contractor to submit a waiver request to use Government Lot Acceptance Testing in lieu of the process outlined in

MIL-PRF-27210.

B. The Government shall provide the Contractor nine (9) sample cylinders (NSN 8120-01-561-2576 or similar).

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At the end of the contract the Contractor shall return the sample cylinders to the Government.

C. DD Form 1222, Request For and Results of Test, shall be completed by the Contractor and shipped to the testing facility with the sample.

D. A list of approved ABO test facilities can be found in paragraph 6.4 of MIL-PRF-27210.

E. All sample cylinders shall be packaged, marked, labeled, and shipped to the lab at the Contractor’s expense.

9.0 NONCONFORMING AND DISCREPANT MATERIAL

9.1 PRODUCT QUALITY DEFICIENCY REPORTS (PQDRs) AND SUPPLY DISCERPANCY REPORTS (SDRs)

The Contractor shall implement its proposed plan for handling PQDRs and SDRs reported by customers. The Contractor is required to obtain and maintain WEBSDR access at:

https://www.transactionservices.dla.mil/daashome/websdr.asp

The Contractor shall ensure, in executing this contract, it thoroughly and timely investigates and resolves these and any other issues relating to nonconforming or discrepant material. The Contractor shall submit its recommended resolution into the WEBSDR system within 15 days of receipt of the SDR. The Contractor shall be responsible for picking up and refurbishing or replacing any material requiring refurbishment or replacement, and for delivery of conforming goods to the customer. The gas returned to the Contractor under a PQDR or SDR shall remain the property of the Contractor; however the cylinder shall be returned to the GFP pool.

9.2 DISPOSALS

Prior to disposing of non-reparable U.S. Government owned cylinders, parts, fittings and appurtenances, the Contractor shall submit a Condemned Property Report to the Contracting Officer to receive authorization for the disposal. See Schedule B6. The Contractor shall make disposition in accordance with agency instructions. Any costs incurred by the Contractor in processing non-reparable U.S. Government owned cylinders, except for handling charges normally incurred by the Contractor, shall be reimbursed by DLA Aviation based on a negotiated price to be determined prior to contract award.

Disposal and sale of the scrap metal generated shall be the responsibility of the Contractor. The Contractor is authorized to retain proceeds from the sale of scrap metal, but must report sales and proceeds on a quarterly basis, See Section 10.0(D).

The Contractor shall execute disposal actions IAW local environmental laws and regulations applicable to the location from which the cylinders will be disposed.

10.0 REPORTING REQUIREMENTS

The Contractor shall provide the following in auditable reports via email to the Contracting Officer, or designated representative, on an individual occurrence basis during the performance of the contracts:

A. Weekly: The Contractor shall provide a Consolidated Delivery Tracker the provides at a minimum, the Gas Description, Order Seq Number, NSN, Customer Document Number, Ship To DoDAAC, Order Qty, Order Receipt Date, Order Delivery Date, Actual Delivery Date, Delivered Qty, Delivered To and For Transshipment To, information. Additional delivery information may be requested as needed. See Schedule B7.

B. Monthly: The Contractor shall provide an inventory of all full cylinders, all empty cylinders, and all cylinders awaiting refurbishment. This inventory shall include (by gas product: the appropriate NSN (full and empty cylinder), gas service, cylinder size and pressure rating, the monthly forecasted consumption (recalculated at least quarterly). The Contractor will ensure that the quantity of cylinders supporting each gas product add up regardless of status (full, empty, awaiting refurbishment) or pressure rating. Additional inventory management information may be requested as needed. See Schedule B6.

C. Monthly: The Contractor shall provide a refurbishment report that contains the NSN, cylinder number, and list of services performed on each cylinder. See Schedule B5

D. Quarterly: The contractor shall provide a Scrap Sales Report that includes the date of sale, description of scrap sold, and proceeds.

E. As needed, the Contractor shall provide a Condemned Property Report that contains the necessary information for the Contracting Officer to make a determination on the proper disposition of the property. See Schedule B8.

11.0 ADDITION/DELETION OF ITEMS

Additional items may be added to this initiative if the Government determines support for those items are within the original scope and intent of this effort, and is in the best interest of the Government to support customers.

A. Items shall be added to the contract by bilateral modification. Pricing shall be negotiated and mutually agreed upon prior to the addition of any new items.

B. Items added to the contract shall be subject to the delivery requirements outlined in Section 7.1(K).

C. Items shall be deleted from the contract by unilateral modification.

D. The Contractor shall continue to honor orders for any deleted items until issuance of the modification that

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deletes them, or for any duration specified by that modification. Deletion of items under this provision is not subject to the Termination for Convenience provision of this contract and will not otherwise result in any liability by the Government to the Contractor.

12.0 TAXES

The Contractor shall not be reimbursed for taxes of any kind (i.e. VAT). Taxes shall not be built into the unit price or any fees associated with the contract.

13.0 PERSONNEL

A. All Contractor employees shall have up-to-date hazardous material training.

B. The Contractor and Subcontractor(s) must have at least one (1) point of contact with working knowledge of the contract that is able to speak English available 24 hours a day, seven (7) days a week.

C. The Contractor and/or Subcontractors(s) must be able to provide sufficient personnel to perform the services required in the contract.

D. While visiting Government or Commercial installations for the performance of this contract, the Contractor shall be solely responsible for leaving the installation premises as clean as when the services were provided and/or supplied delivered.

E. During the performance of the contract, Contractor personnel (or any representative of the Contractor) shall abide by all security regulation and requirements of the Government or Commercial installations visited and shall be subject to such checks as may be deemed necessary. The Government reserves the right to direct the removal of and Contractor employee from any participating base for misconduct or security reasons. Removal of Contractor employees for the above stated reasons does not relieve the Contractor from the responsibility of performance on the contract.

F. Fines incurred by the Contractor or its personnel will not be paid/reimbursed by DLA.

G. Contractor employees must arrange for authorized access to and necessary identification badges for Military installations to which access is required throughout CENTCOM in the execution of this contract.

14.0 E MERGENCY ORDERS

Although emergency orders are unlikely to be experienced, the Contractor will be required to establish procedures for handling emergency orders identified by the customer or the Contracting Officer. The Contractor shall not begin shipment until an official order is received.

15.0 ENVIRONMENTAL PROTECTION AGENCY (EPA) – DESIGNATED PRODUCTS

The Contractor is required to adhere to all environmental rules and regulations associated with the maintenance, storage and inventory, and order fulfillment of privatized gas/cylinder assets in accordance with FAR Part 23. The Contractor shall also procure and supply environmentally friendly/green/eco-friendly/bio-based products in the applicable FSCs in accordance with Federal statutes, regulations, or Executive Orders as they are published during the course of this contract.

16.0 SPILL PROTOCOL

A spill is defined to be any release of a material from its primary container (i.e. the container that has an intimate contact with the material) that results in any loss of the material (i.e. asset), and the need to recoup, repackage, reissue or dispose of the asset whether or not the spill needs to be reported to a regulatory body under the various Country, or Local environmental or occupational-safety regulations.

A. Reporting Protocol

1. Designated Contractor POC notifies DLA AVIATION Contracting Officer via e-mail.

2. Notification occurs within four (4) hours of the incident's occurrence or discovery of the incident.

3. Notification covers asset(s) in transit to requisitioner(s) as well as in storage awaiting distribution.

4. Notification to include the following information at a minimum:

a. Identify location of incident / approximate time of incident / injuries if any

b. Identify nature of incident

c. Identify and List NSN(s), Logistics Item Name(s), Contract #(s), Unit of Issue (U/I), number of U/I

(s) affected

d. Identify total quantity/volume spilled (approximation)

e. Identify collateral damage (i.e. other assets/properties affected by incident)

f. Identify actions taken to contain/remediate incident

g. Identify corrective actions to minimize and/or eliminate future incidents of type noted

5. Closing & follow-up notification within seven (7) calendar days of incident indicating state of affairs relative to incident to include any and all copies of applicable documentation.

6. All official notices sent to the various regulatory agencies where official notice and follow up are required.

7. Contractor notifies Local/State/Country regulatory entities and the Contracting Officer depending on the type, nature, and volume of the spill.

B. The Contractor will be responsible for any fines or penalties incurred as a result of a spill. For reportable spills and instances of fines, penalties, and notices of violation, the Contractor shall notify the Contracting Officer within four (4) hours; for all other communications or contacts with Government environmental regulators, the Contractor shall notify the Contracting Officer as soon as practicable, but in no event later than four (4) hours

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after the communication or contact. In addition, the Contractor shall provide a copy of all documents or electronic media related to such communications or contacts to the Contracting Officer at no expense to the Government. The Contractor will not assert a privilege or other reason to withhold any such document or electronic media. This paragraph applies to all work under this contract.

17.0 END OF CONTRACT SUPPORT

Upon expiration or termination of the contract, the Contractor will provide the Government all requested demand, forecast and spend data and information necessary to prepare a follow-on solicitation, The Contractor may also be asked to provide supplier information. The Contractor may also be asked to participate in meetings with the Government and the new Contractor to ensure an orderly transition from the old contract to the new contract.

18.0 CONTRACT EXPIRATION

A. Upon contract expiration, the Government will not purchase from the Contractor any inventory purchased by the Contractor to support the requirements of this contract. The Contractor may negotiate a commercial sale to the successor contractor, but the Government disclaims any responsibility or obligation to facilitate such sale.

B. Upon contract expiration, the Contractor shall ship any remaining GFP cylinders and all ABO sample cylinders to the successor contractor, and/or designated U.S. Government facility. All shipments shall be complete within 60 days of receipt of the transfer instructions form the Government.

C. The Contractor will be responsible for purging/recovering remaining gas product before shipping GFP cylinders per…