SPE601-20-R-0318 Solicitation Final.pdf

INFORMATION TO OFFERORS

COVER SHEET

SOLICITATION: SPE601-20-R- 0318 (DLA Energy-Aerospace Energy FEM) PROGRAM:

9.1B

PART: U.S. GOVERNMENT PROCUREMENTS

CLASS CODE: 68- CHEMICALS AND CHEMICAL PRODUCTS

NAIC CODE: 325120 – INDUSTRIAL GAS MANUFACTURING

PERIOD OF PERFORMANCE: 01 July 2020 through 30 June 2025

ISSUING OFFICE:

Defense Logistics Agency (DLA) - Energy

ATTN: DLA-ENERGY

Arlene Warren and Juebiline Mbandi

8725 John J. Kingman Road, Suite 3928

Ft. Belvoir, VA 22060-6222

ITEMS TO BE PURCHASED:

AVIATOR’S BREATHING OXYGEN, TECHNICAL NITROGEN TYPE II, GRADE B, AND NITROGEN

HIGH PURITY, SPECIAL PURPOSE TYPE II, GRADE B

DLA ENERGY POINTS OF CONTACT FOR INFORMATION:

ARLENE WARREN JUEBILINE MBANDI

(571) 767-0188 (571) 767-8580 arlene.warren@dla.mil Juebiline.mbandi@.dla.mil

WEB ADDRESS: https://www.dla.mil/Energy

RESPONSES DUE: APRIL 17, 2020; 3:00 PM, EASTERN STANDARD TIME

(EST).

ADDITIONAL INFORMATION:

SEE SPECIAL INSTRUCTIONS FOR OFFERORS

https://www.dla.mil/Energy

SPECIAL INSTRUCTIONS FOR OFFERORS

• This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the solicitation; proposals are being requested and a written solicitation will not be issued.

• The Government intends to procure these products using FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items. The Government will award requirements-type contracts resulting from the Solicitation to the responsible offeror(s) whose offer, conforming to the Solicitation that will be most advantageous to the Government, with price and other factors considered (See Evaluation criteria under SECTION M).

• Solicitation Number SPE601-20-R-0318 is hereby issued as a Request for Proposals (RFP).

• CLARIFICATION: Any reference to DAY(s) within the solicitation should be considered BUSINESS DAY(s) (Monday through Friday). Hours of operation listed in the schedule (Attachment A) are for Eastern Standard Time (EST). Any reference to BIMONTHLY should be considered twice a month, unless otherwise noted. All quantities listed on the schedule

(Attachment A) are estimates.

• A pre-award survey may be performed to ensure that the capabilities exist to support the requirement the offeror offered against, mitigating risk of non-performance due to lack of capability, and may include an on-site review. If an offeror does not pass a pre-award survey it shall reflect negatively against the offeror’s responsibility determination.

• The Government plans to award a five-year Firm Fixed Price Requirements-Type contract for the f.o.b. destination delivery of Aviator's Breathing Oxygen (ABO) NSN:6830-01-644-2463 IAW Basic Spec MIL-PRF-27201J, dated August 7, 2013, Technical Nitrogen (LNB) NSN:6830-01-644-2557, Nitrogen Liquid Type II Grade B 99.5% (NSP) NSN:6830-01-663-6199 IAW CID A-A 595003C, dated March 3, 2011 and CID A-A59155 dated 5 Mar 2003 and Nitrogen Propellant Pressurizing Agent (LNC) NSN:

9135-01-666-3482 IAW MIL-PRF-27401F dated 10 January 2008 to the following locations:

PRODUCT:

AVIATOR’S BREATHING OXYGEN (ABO), Type II

IAW BASIC SPEC NR MIL-PRF-27201J, NSN: 6830-01-644-2463

1. Barksdale Air Force Base, Louisiana

2. Carolina (Muniz), Puerto Rico

3. Charleston Air Force Base, South Carolina

4. Charlotte Air National Guard (ANG), North Carolina

5. Columbus Air Force Base, Mississippi

6. Dobbins ARB, Georgia

7. Egin Air Force Base, Florida

8. Gulfport Air National Guard (ANG), Mississippi

9. Homestead ARS, Florida

10. Hurlburt Field, Florida

11. Jackson Air National Guard (ANG), Mississippi

12. Jacksonville Air National Guard (ANG), Florida

13. Keesler Air Force Base, Mississippi

14. MacDill Air Force Base, Florida

15. Maxwell Air Force Base, Alabama

16. Memphis Air National Guard (ANG), Tennessee

17. Montgomery Air National Guard (ANG), Alabama

18. Moody Air Force Base, Georgia

19. Naval Air Station (NAS) Corpus Christi, Texas

20. Naval Air Station (NAS) Jacksonville, Florida

21. Naval Air Station (NAS) Joint Reserve Base (JRB) New Orleans, Louisiana

22. Naval Air Station (NAS) Key West, Florida

23. Naval Air Station (NAS) Meridian, Mississippi

24. Naval Air Station (NAS) Pensacola, Florida

25. New Orleans Air National Guard (ANG), Louisiana

26. Patrick Air Force Base, Florida

27. Pope Air Force Base, North Carolina

28. Robins Air Force Base, Georgia

29. Savannah Air National Guard (ANG), Georgia

30. Seymour Johnson Air Force Base, North Carolina

31. Shaw Air Force Base, South Carolina

32. Trident Refit Facility, Georgia

33. Tyndall Air Force Base, Florida

PRODUCT:

NITROGEN TECHNICAL (LN2), Type II, Grade B

IAW CID A-A 59503C dated 3 March 2011, NSN: 6830-01-644-2557

1. Air Force Research Lab (AFRL) Eglin Air Force Base, Florida

2. Egin Air Force Base, Florida

3. Homestead ARS, Florida

4. Naval Air Station (NAS) Jacksonville, Florida

5. Naval Air Station (NAS) Joint Reserve Base (JRB) New Orleans, Louisiana

6. Naval Air Station (NAS) Key West, Florida

7. Naval Air Station (NAS) Meridian, Mississippi

8. Naval Air Station (NAS) Pensacola, Florida

9. Shaw Air Force Base, South Carolina

PRODUCT:

LIQUID NITROGEN (LN2), TYPE II GRADE B 99.5% (NSP), High Purity, Special Purpose

IAW CID A-A 59155, NSN: 6830-01-660-6199

1. Trident Refit Facility, Georgia

2. Norfolk Naval Shipyard or Naval Base Norfolk

Ancillary services are also included. It is important to note, this requirement includes tank leasing and installation/removal of contractor leased tanks at Carolina (Muniz), Puerto Rico, Moody AFB, GA, Seymour Johnson AFB, NC, and Shaw AFB, SC.

Please refer to Schedule A (Attachment A) and the Statement of Objectives (Attachment D) for additional information. Inspection for quality shall be performed at origin. Quantity determination and acceptance shall be at destination. The Contractor shall provide all product, materials, supplies, management, tools, equipment, transportation and labor necessary for the delivery or

ABO and LN2. Period of Performance is 1 July 2020 through 30 June 2025.

All offerors shall comply with requirements listed in Instructions L2.35 (PROPOSAL FORMAT AND CONTENT

(AEROSPACE ENERGY) (DLA ENERGY JAN 2012) and all offerors will be evaluated in accordance with instructions in

M2.14 EVALUATION-COMMERCIAL ITEMS (AEROSPACE) (DLA ENERGY AUG 2009).

The clauses and provisions shown throughout this solicitation and any resultant contract(s) that have only the clause/provision number, title, and date, and as such, are not shown in full text, are hereby considered to be incorporated by reference in accordance with FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE or FAR 52.252-2

CLAUSES INCORPORATED BY REFERENCE, as applicable.

System for Award Management (SAM) is required and is available at https://www.sam.gov/SAM/

Please list your prices in, both, Attachment A, Schedule, and Attachment C, the excel spreadsheet titled “S. East ABO-LN Ktr

Pricing,” provided as part of this solicitation.

Questions regarding Small Business or Small Disadvantage Business affairs should be addressed to Mr. Greg Thevenin of the

DLA Energy Small Business Office at 1-800-526-2601 or 571-767-9465.

https://www.sam.gov/SAM/

• QUESTION AND ANSWER PERIOD: To encourage maximum participation on ALL line items (Attachment A) a question and answer period has been established. Starting from the issue date of this solicitation to March 27, 2020 3:00p.m.Eastern Standard

Time (EST) all potential offerors may ask any and as many questions as they may need to fully participate and respond to all the listed line items (Attachment A). No further questions will be received after the above stated date and time. All questions should be sent to DLA.Energy-Aerospace-Energy-9.1B-SupportContract@dla.mil. Answers will be consolidated and answered via an official amendment to the solicitation, if applicable. Extensions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable. Potential offerors are reminded that they shall sign the amendment (block 15a-c) and acknowledge the solicitation/amendment(s) in their prospective submitted proposals.

• PLACING ORDERS: In accordance with F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014), The Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS to obtain a login account at https:// www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award Management (SAM) account, https://www.sam.gov/SAM/ in order to register for DIBBS.

• CLOSING DATE: The closing date for receipt of offers for the below line items available for full and open competition under solicitation SPE601-20-R-0318 is 17 APRIL 2020 BY 3:00 PM, Eastern Time, FT. BELVOIR, VA TIME.

• TAX AND FEE INFORMATION: Offerors shall not include in their offer prices, including in the prices of any subcontractor, any taxes from which the United States Government is exempt.

• LATE OFFERS: Please note that offers must be received by 17 APRIL 2020 BY 3:00 PM, FT. BELVOIR, VA TIME. Any offer received after 3:00 PM will be considered “Late” and will be handled in accordance with FAR 52.212-1(f).

• INSTRUCTIONS TO OFFERORS – 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018), subparagraph (f) LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWALS OF OFFERS.

• AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS. While the Government intends to evaluate proposals in accordance with FAR 52.212-2 EVALUATION--

COMMERCIAL ITEMS (OCT 2014), Lowest Price Technically Acceptable source selection process and award a contract(s) without discussions, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

Therefore, those participating are advised to submit their best prices with their initial offer. If the Contracting Officer determines that discussions are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with

Offerors whose proposals have been determined to be within the competitive range.

• ORDERING PERIOD: The ordering period for all contracts awarded under this solicitation will be 01 July 2020 through 30 June 2025. Quantities stated represent the government’s best estimates covering ordering period.

• PERIOD FOR ACCEPTANCE OF OFFERS: Pursuant to paragraph (c) of 52.212-1 INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS (OCT 2018), Offerors agree to honor prices indicated in their offer for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

• CLARIFICATIONS/DISCUSSIONS/NEGOTIATIONS: Clarifications, discussions, any negotiations under this solicitation will be conducted primarily in writing (via email), by telephone, and by negotiators identified in K33.01.

• OFFEROR SUBMISSION PACKAGE: Carefully review the solicitation, any subsequent amendments, and Attachment B the “Offeror Submission Package (OSP)” identified by number SPE601-20-R-0318. Please keep copies of completed solicitation amendments, and the OSP for your records.

• ACKNOWLEDGEMENT OF SOLICITATION AMENDMENTS: Please check SAM beta GOV at https://beta.sam.gov/ frequently for any solicitation amendments (updates) to SPE601-20-R-0318. To acknowledge amendments, complete Blocks 15A, 15B, and 15C of the Standard Forms (SF) 30 and return to DLA Energy by email to DLA.Energy-Aerospace-

Energy-9.1B-SupportContract@dla.mil prior to the solicitation closing date.

mailto:DLAEnergyPEC@dla.mil mailto:DLA.Energy-Aerospace-Energy-9.1B-SupportContract@dla.mil mailto:%20arlene.warren@dla.mil.

https://www.dibbs.bsm.dla.mil/ https://www.sam.gov/SAM/ mailto:DLA.Energy-Aerospace-Energy-9.1B-SupportContract@dla.mil mailto:DLA.Energy-Aerospace-Energy-9.1B-SupportContract@dla.mil

• COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING: Please insure your CAGE CODE (5 digit alphanumeric code) is current and listed at https://beta.sam.gov/.

• CONTRACT TYPE: The SCHEDULE (list of items, each with its own narrative) is listed under B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DLA ENERGY (JAN 2012). Type of contracts awarded as a result of this solicitation will be “Requirements-Type Fixed Price” Refer to Clause FAR 52.216-21, REQUIREMENTS (OCT 1995).

• EVALUATION: The Government will award to the Lowest Price Technically Acceptable Offeror. The lowest price will be evaluated by location as shown in Attachment A. Pricing will be determined by evaluating offers for each location; product CLINS per year and non-product (service) CLINs. See M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009) for additional details. Each location will be evaluated and awarded independently.

Multiple awards may be issued, see FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS. (OCT 2018). The six month extension period in provision I209.09 for each location will be evaluated by multiplying the offered unit price for product CLINs against an estimated quantity for the six month period.

• NOTICE: ANY CONTRACT AWARDED TO A CONTRACTOR WHO AT THE TIME OF AWARD WAS SUSPENDED, DEBARRED, OR INELIGIBLE FOR RECEIPT OF A CONTRACT WITH GOVERNMENT AGENCIES OR IN RECEIPT OF

PROPOSED DEBARMENT FROM ANY GOVERNMENT AGENCY IS VOIDABLE AT THE OPTION OF THE

GOVERNMENT.

• POINTS OF CONTACT: For any clarification, explanation or additional information about this solicitation, please contact:

Arlene Warren AND Juebiline Mbandi

(571)-767-0188 (571)767-8460

Arlene.Warren@dla.mil Juebiline.Mbandi@dla.mil mailto:Arlene.Warren@dla.mil mailto:Juebiline.Mbandi@dla.mil

FAE9137

Inserted Text Recommend putting the names in caps

Table of Contents

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

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

2012) 10

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016)

SECTION D: PACKAGING AND MARKINGS

D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DLA ENERGY MAR 2009)

D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) (DLA ENERGY OCT 2006)

SECTION E: INSPECTION & ACCEPTANCE

FAR 52.246-2 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG. 1996)

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY SEP 2013)

E6 CERTIFICATE OF CONFORMANCE (JUL 2015)

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016)

E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY JUL 2008)

E35 NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)

SECTION F: DELIVERIES OR PERFORMANCE

FAR 52.211-16 Variation in Quantity (APR 1984)

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

F1.37 DETERMINATION OF QUANTITY FOR AVIATOR’S BREATHING OXYGEN AND LIQUID NITROGEN .. 20

F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) (DLA ENERGY APR 2006) 21

F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (F.O.B.

DESTINATION) (AEROSPACE ENERGY) (DLA ENERGY DEC 2007)

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

SECTION G: CONTRACT ADMINISTRATION DATA

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA ENERGY

JUL 2007) 27

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION I: CONTRACT CLAUSES

Provisions and Clauses Incorporated By Reference:

FAR 52.202-1 Definitions (Nov 2013)

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements—Representation (JAN 2017)

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Firber Content Paper (May 2011)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.204-17 Ownership or Control of Offeror (Jul 2016)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

FAR 52.204-20 Predecessor of Offeror (Jul 2016)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

FAR 52.204-22 Alternative Line Item Proposal (Jan 2017)

FAR 52.204-24 Representation Regarding Certain Telecoummunications and Video Surveillance Services or Equipment (Dec

2019) 29

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec 2019)

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 205)

FAR 52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal

Law (FEB 2016) 29

FAR 52.211-15 Defense Priority and Allocation Requirements (Apr 2008) Defense Priority and Allocation Requirements (Apr

2008) 29

FAR 52.212-2 Evaluation—Commercial Items (Oct 2014)

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)

FAR 52.223-5 Pollution Prevention and Right to Know Information (May 2011)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

FAR 52.232-17 Interest (May 2014)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.233-1 Disputes (May 2014)

FAR 52.233-3 Protest After Award (Aug 1996)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

FAR 52.242-13 Bankruptcy (Jul 1995)

FAR 52.243-1 Changes—Fixed Price (Aug 1987)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013)

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016)

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for litigation Support (May 2016)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991)

DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013)

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2017)

DFARS 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies (Dec 2018) .. 29

DFARS 252.225-7021 Trade Agreements-Basic (Sep 2019)

DFARS 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime (Feb 2020) .. 29

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small

Business Concerns (Apr 2019)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991)

DFARS 252.243-7002 Request for Equitable Adjustment (Dec 2012)

DFARS 252.244-7000 Subcontracts for Commercial Items (Jun 2013)

DFARS 252.247-7023 Transportation of Supplies by Sea-Basic (Feb 2019)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018)

FAR 52.209-7 –Information Regarding Responsibility Matters (Oct 2018)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Oct 2019)

FAR 52.216-21 Requirements (Oct 1995)

FAR 52.222-50 -- Combating Trafficking in Persons. (Jan 2019)

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

DFARS 252.203-7003 Agency Office of the Inspector General. (AUG 2019)

DFARS 252.216-7006 Ordering (SEP 2019)

I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996)

I28.01 FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011) (DEVIATION)

I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

SECTION J: LIST OF ATTACHMENTS

SECTION K: REPRESENTATIONS, CERTIFICATIONS, & OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

FAR 52.203-2 -- Certificate of Independent Price Determination (Apr 1985)

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)

FAR 52.204-6 Unique Entity Identifier(Oct 2016)

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Oct 2018)

FAR 52.222-18 -- Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2001)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials. (NOV 2011)

DFARS 252.225-7020 Trade Agreements Certificate. (NOV 2014)

DFARS 252.247-7022 Representation of Extent of Transportation by Sea. (JUN 2019)

K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

SECTION L: INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items. (Oct 2018)

FAR 52.216-1 Type of Contract(Apr 1984)

FAR 52.233-2 Service of Protest (Sept 2006)

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

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

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

SECTION M: EVALUATION FACTORS FOR AWARD

M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009)

SECTION B: SUPPLIES OR SERVICES & PRICES OR COSTS

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 contract text 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 text.

(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 text

(3) [ X ] Orders issued by the Ordering Officer at the destination location are considered extensions of the Blanket

Delivery Order issued by the DLA Energy Contracting Officer and, as such, may be issued orally, by facsimile or by electronic commerce methods, as allowed by the ORDERING clause.

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

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

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

(8) [ ] Items of this contract call for f.o.b. origin delivery, unless the item specifies otherwise. Inspection and acceptance will be at origin. Applicable to CLIN(s) ________________________________________.

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

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

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

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

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016)

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.dla.mil under ASSIST-Quick Search or http://quicksearch.dla.mil. 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. Note that commercial or foreign specifications are not located on ASSIST and must be obtained from the relevant sponsoring organization (e.g. ASTM, SAE, API, ISO, etc.). Registered ASSIST account holders 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 under the

[ASSIST Update] menu.

Basic instructions on how to use ASSIST:

1. Go to http://quicksearch.dla.mil/.

2. Type in the numeric portion of the specification or Qualified Product List (QPL) and click on the Search button.

3. Look through the search results to find the desired document and click on the Document ID.

a. For specifications: click on the .pdf link under Media.

b. For QPL information: click on the View Qualified Product Database (QPD) data link to open the QPD

i. Click on the link in the “Govt Designation” Column to view qualified products

1. To view qualified source plants, click on the Source Plants link under the Related Links column

SECTION D: PACKAGING AND MARKINGS

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.

http://quicksearch.dla.mil/ http://quicksearch.dla.mil/

(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.

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.

SECTION E: INSPECTION & ACCEPTANCE

FAR 52.246-2 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG. 1996)

(a) Definition. “Supplies,” as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of

Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default.

Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the

Government, the Contractor shall furnish advance notification of the time --

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the

Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract.

Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or

(2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement.

When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the

Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY SEP 2013)

(a) QUALITY CONTROL PLAN.

(1) The Contractor is required to provide and maintain an inspection system, and a written description (Quality Control Plan

(QCP)) of that system, 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 the ISO9001 quality system requirements and format, all the specific Quality Assurance Provisions of this contract must be included in the resulting ISO9001 document that will serve as the QCP. 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. An acceptable QCP is required prior to Government inspection and acceptance of supplies 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. The Contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the QAR for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR.

(2) The QCP shall include--

(i) A schematic diagram of plant facilities pertinent to the inspection system indicating all inspection points;

(ii) Sampling procedures.

(iii) Sample testing methods/procedures;

(iv) Analytical and measuring equipment calibration program;

(v) Loading/shipping procedures;

(vi) Records maintenance and reports preparation/distribution; and

(vii) Corrective action procedures.

(3) The Contractor shall require subcontractors to provide and maintain inspection systems that adhere to the requirements in this contract provision.

(b) The Contractor shall perform all inspection tests required by the specification/item description, and any modifications thereof, on the supplies to be furnished under this contract or shall have such tests performed in a laboratory acceptable to the Government. The

Contractor shall notify the QAR in sufficient time to permit inspection by the Government. When such tests are performed at origin on supplies to be accepted at destination, documentation that will enable verification of the original test results shall be provided to the

Government at the time of acceptance.

E6 CERTIFICATE OF CONFORMANCE (JUL 2015)

(a) When authorized in writing by the cognizant DLA Energy Contract Administration Office (CAO), the Contractor shall ship with a

Certificate of Conformance (COC) any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the COC has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) When the contract requires the use of Wide Area Work Flow (WAWF), contractors shall execute COC by including the appropriate indicator in the electronic transaction rather than through inclusion or attachment of the text of the certificate. Government acceptance must still be indicated by a Government official's electronic signature on the WAWF Energy Receiving Report (ERR).

(c) When WAWF use is not required by contract or WAWF processing in unavailable, the Contractor's signed certificate shall be attached to or included on the first page of the Material Inspection and Receiving Report (DD Form 250) or other authorized document, that is distributed to the payment office (Block 12 of the DD Form 250). A copy shall also be sent with the shipment and to the CAO (Block 10 of the DD Form 250); however, the CAO copy shall only be sent if specifically requested by the Contracting

Officer.

(d) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace or correct the rejected supplies or services at the Contractor's expense.

(e) The certificate shall read as follows:

"I certify that on ______________ [insert date], the ______________________________________ [insert Contractor's name] furnished the supplies or services called for by Contract No. ______________________ via ______________________ [Carrier] on

________________________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution:_____________________________________________________

Signature: ___________________________________________________________

Title: _______________________________________________________________

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY APR 2016)

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 110 Maine 110 Oklahoma 110

Arizona 120 Maryland 110 Oregon 120

Arkansas 110 Massachusetts 110 Pennsylvania 110

California 120 Michigan 110 Rhode Island 110

Colorado 120 Minnesota 110 South Carolina 110

Connecticut 110 Mississippi 110 South Dakota 110

Delaware 110 Missouri 110 Tennessee 110

District of Columbia 110 Montana 120 Texas 110 1

Florida 110 Nebraska 110 Utah 120

Georgia 110 Nevada 120 Vermont 110

Idaho 120 New Hampshire 110 Virginia 110

Illinois 110 New Jersey 110 Washington 120

Indiana 110 New Mexico 120 West Virginia 110

Iowa 110 New York 110 Wisconsin 110

Kansas 110 North Carolina 110 Wyoming 120 2

Kentucky 110 North Dakota 110

Louisiana 110 Ohio 110

EXCEPTIONS:

1 The El Paso, Texas, area is assigned to Code 120 (DLA Energy Americas - West).

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

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

(INCLUDING ALASKA AND HAWAII):

Afghanistan 400 Cyprus 200 Malaysia 300 Singapore 300

Africa 2003 Egypt 4003 Maldives 300 South America 110

Alaska 300 Europe (Continental) 200 Malta 200 South Korea 300

Antarctica 300 Georgia 200 Mauritius 200 Sri Lanka 300

Armenia 200 Greenland 200 Mexico 110 Syria 400

Ascension Island 110 Hawaiian Islands 300 Midway Island 300 Taiwan 300

Australia 300 Hong Kong 300 Mongolia 300 Tajikistan 400

Azerbaijan 200 Iceland 200 Myanmar 300 Thailand 300

Azores 200 India 300 Nepal 300 Turkey 200

Bahrain 400 Indonesia 300 New Zealand 300 Turkmenistan 400

Bangladesh 300 Ireland 200 North Korea 300 United Arab

Bermuda 110 Iran 400 Oman 400 Emirates 400

Bhutan 300 Iraq 400 Pacific Islands United Kingdom 200

Brunei 300 Israel 200 (Central & South) 300 Uzbekistan 400

Cambodia 300 Japan 300 Pakistan 400 Vietnam 300

Canada 110/1204 Jordan 400 Papua New Guinea 300 Wake Island 300

Canary Island 200 Kazakhstan 400 Philippines 300 Yemen 400

Caribbean Islands 110 Kuwait 400 Qatar 400

Central America 110 Kyrgyzstan 400 Russia 200

Chagos Archipelago 300 Laos 300 Ryukus Islands, Japan 300

China 300 Lebanon 400 Saudi Arabia 400

Comoros 200 Madagascar 200 Seychelles Is. 200

EXCEPTIONS:

3 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).

4 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

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East

ATTN: Quality Manager5

Federal Building, Suite 1005

2320 LaBranch Street

Houston, TX 77004-1091

Phone: (713) 750-9514/9561

FAX: (713) 750-0041

120. DLA Energy Americas West

ATTN: Quality Manager5

3171 N Gaffey Street

San Pedro, CA 90731-1099

Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DLA Energy Europe and Africa

Military Mailing Address:

DLA Energy Petroleum Lab

ATTN: Quality Manager5

CMR 422

APO AE 09067-0422

Phone: 49-631-3406-2285/22866

FAX: 49-631-3406-22896

Commercial Shipping Address:

DLA Energy Petroleum Lab

ATTN: Quality Manager

Bldg. 320, Rhine Ordinance Barracks

Am Opelkreisel

67663 Kaiserslautern, Germany

300. DLA Energy Pacific

ATTN: Quality Manager5

1025 Quincy Avenue, Building 479, Suite 2000

Pearl Harbor, HI 96860-4512

Phone: (808) 473-4307/4287

FAX: (808) 473-4232

400. DLA Energy Middle East

ATTN: Quality Manager5

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-1785-64936

FAX: 973-1785-46506

[Location: Bahrain]

5 Designated location of the DLA Energy Regional Quality Manager/Pre-Award Survey Monitor.

6 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.

E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE 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

(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.

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…