Amendment No. 02 GH 6 July.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 16

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

0002 6 July 2012

6. ISSUED BY CODE SPE601 7. ADMINISTERED BY (If other than Item 6)

CODE SPE601

DLA ENERGY AEROSPACE ENERGY-DLAE-M

BUILDING 1621

1014 BILLY MITCHELL BLVD.

SAN ANTONIO, TX 78226

Contract Specialist: KJ Harvey (210)925-1965

SAME AS BLOCK 6

8. NAME AND ADDRESS OF CONTRACTOR (No. Street, county, State and ZIP: Code) () 9A. AMENDMENT OF SOLICITATION NO.

SPE601-12-R-0319

X 9B. DATED (SEE ITEM 11)

06 JUNE 2012

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

× The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or

(c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and data specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

() A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH

IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The solicitation closing date is not extended from the date

Listed on Amendment No. 0001.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

KAREN J. HARVEY

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign)

BY _____________________________________________

(Signature of Contracting Officer)

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITON UNUSABLE Computer Generated Prescribed by GSA FAR (48 CFR) 53.243

Amendment No. 0002 Page 2 of 16 Solicitation SPE601-12-R-0319

THIS AMENDMENT: ANSWERS QUESTIONS FROM INDUSTRY; ELIMINATES THE

TRANSPORTATION AND MHE REQUIREMENTS; REVISES THE SCHEDULE AND STATEMENT OF

OBJECTIVES ACCORDINGLY; INCORPORATES AN ATTACHMENT THAT FURTHER CLARIFIES OUR

REQUIREMENTS AND NUMBER OF CONTAINERS; AND LASTLY, REVISES AEROSPACE CLAUSES

L2.35 AND M2.14.

A. The following questions posed by industry are answered, as shown:

1) INDUSTRY QUESTION: In the SOO all units are NM3 (normal cubic meters), so I assume that is what is meant by "CZ" in the RFQ for unit of measure. Is this assumption correct?

Government Answer: Yes, the unit of measure CZ equates to one NM3.

2) INDUSTRY QUESTION: On page 6 of 21 of the RFQ a statement at the bottom of the page refers to a "minimum quantity of 309,450 NM3". Is this the minimum quantity DLA would buy every year from the supplier - guaranteed?

Government Answer: No. The minimum guarantee of 309,450 NM3 is the total for all resultant contract(s) over the term of those contracts, that is, for 2 and 1/2 years. Assuming more than one contract will be awarded, the minimum guarantee of 309,450 NM3 will be divided by the total number of contracts awarded to determine the minimum guarantee of each contract. As an example, if three

(3) contracts are awarded under the solicitation, the minimum guarantee for each contract will be 103,150 NM3 for the entire term of the contract.

3) INDUSTRY QUESTION: Our facility in the Middle East is located in Dubai. We need to know where the helium vessels should be delivered. i.e. the "nearest military aerial port" or the two/three closest, so that we would be able to determine if we could meet this requirement.

Government Answer: For all offerors, DLA Energy’s agent for multi-modal shipments, SDDC, has either awarded or will award contracts for “door to door” delivery of DLA Energy’s containers to and from Afghanistan from any offeror’s commercial helium transfill. As such, the transportation and MHE requirements for the Contractor to retrieve empty containers from and deliver full containers to the “nearest military aerial port” will be deleted from the solicitation via this Amendment. Therefore, the Contractor(s) will only be required to receive empty containers from the SDDC Carrier at their commercial helium transfill, as well as be prepared for the pickup of the full containers by the SDDC Carrier, again, at their commercial helium transfill. The transportation CLINs and MHE CLIN will be deleted from the Schedule and the Statement of Objectives.

4) INDUSTRY QUESTION: It is stated that there is room for an economic price adjustment with a 45% cap based on the BLM published prices. How does this work? For example, say we bid $125 in 2012/13 and $135 in 2013/14 and the price for in-kind goes up $5 effective Oct 1st 2013. Do we get $135 plus $5 or $135 plus 7% (5/67.75) or just the $135?

Government Answer: The 45% ceiling is a FAR requirement for EPA provisions and is based on market research. With regards to the example given, the BLM in-kind price would go up $5.00 effective October 1, 2013, that is, to $135.00. The price increase is added to the fixed price effective on the date that BLM states that the price for in-kind crude helium is otherwise effective.

5) INDUSTRY QUESTION: Can we bid for less than the full amount or a portion of the volume? Allowing DLA to split supply?

Government Answer: Given that we will award multiple Indefinite Quantity/Indefinite Delivery (ID/IQ) contracts, yes. Offerors may propose less than the full amount otherwise shown in the Schedule.

Amendment No. 0002 Page 3 of 16

6) INDUSTRY QUESTION: The RFQ and SOO states three types of containers, ISO's, Tube Trailers, and HPCA's. Can they give us a breakdown of how many of each we should be expected to handle? or at least a percentage? Will the bulk of it be tube Trailers?

Government Answer: The annual requirements will be met using the following estimates of containers: 55% are estimated to ISO containers, of which 1/3 may not have chassis. Another estimated 35% will be Tube Bank Trailers and an estimated 10% will be HPCAs.

7) INDUSTRY QUESTION: What is the maximum number of trailers that are going to be requested at one time; and the timing on average between deliveries? This will affect the number of trailers and transports required to make deliveries. Can we set a maximum number per day or minimum timing deliveries to reduce pressure on transportation assets? Would DLA be willing to work with their supplier on exaggerated lead times?

Government Answer: Please refer to question #3 stating that the transportation requirement to and from the military aerial port no longer exists. Also, please see the attachment in this Amendment for the estimated monthly requirements.

8) INDUSTRY QUESTION: How quickly is the "in kind" volume made available from the BLM at our [U.S.

facility] facility after our Helium is transferred to DLA?

Government Answer: How quickly the “in kind” volume would be made available is subject to BLM’s allocation policies and procedures.

9) INDUSTRY QUESTION: Regarding maintenance services for HPCA/tube trailers/ISO, is the job activities defined on these equipment? This will help us in providing the quote for the same.

Government Answer: It is the Government’s intent that containers will arrive at the Contractor’s commercial helium transfill in serviceable condition for filling. However during transit by the Government or during the fill process, there is a possibility that the container may sustain minor damage requiring repair. Minor repair procedures include repair and/or replacement of pressure gauges, valves, fittings, rupture discs, manifolds, and pigtails/lines as needed to bring container to serviceable condition.

10) INDUSTRY QUESTION: Purge fees for tube trailers and ISO – technically the purge operations and the quantity used for purging depends on the incoming gas quality and the water capacity of the equipment.

Please advise do we need to quote by the gas volume price as per actual usage?

Government Answer: Offerors should propose on the purge CLINs on a per occurrence, or per purge basis using an average capacity of 2150 NM3 of helium for ISOs and trailers and 290 NM3 for HPCAs.

11) INDUSTRY QUESTION: According to the ITB , contract to start from October 2012 , but we may not be able to supply Helium before January 2013 ---- is this ok with you?

Government Answer: Given that the Contracting Officer will award multiple ID/IQ contracts, Offerors may propose less than the full amount otherwise shown in the Schedule, as well as an alternate delivery schedule.

12) INDUSTRY QUESTION: With regards to transportation and material handling equipment at the nearest aerial port, what exactly does the contractor have to do at the aerial port to unload/load the containers for transport back to their facility?

Government Answer: IAW the answer to #3 above, there is no longer a requirement for transportation and MHE.

Amendment No. 0002 Page 4 of 16

B. Additionally, this amendment replaces the original schedule in the solicitation as follows:

ITEM SUPPLIES/SERVICES ESTIMATED UNIT PRICE TOTAL

QTY/UNIT AMOUNT

0001 PROPELLANT, PRESSURIZING AGENT 555,014 CZ $__________ $__________

HELIUM, GASEOUS, TYPE I, GRADE A

IAW MIL-PRF-27404C DATED 29 NOV 2006

NSN: 9135-01-525-1620

CONTRACT PERIOD ONE

1 OCTOBER 2012 THROUGH 30 SEPTEMBER 2013

BLM

0002 PROPELLANT, PRESSURIZING AGENT 204,000 CZ $__________ $__________

HELIUM, GASEOUS, TYPE I, GRADE A

IAW MIL-PRF-27404C DATED 29 NOV 2006

NSN: 9135-01-525-1620

CONTRACT PERIOD TWO

1 OCTOBER 2013 THROUGH 30 SEPTEMBER 2014

0003 PROPELLANT, PRESSURIZING AGENT 102,000 CZ $__________ $__________

IAW MIL-PRF-27404C DATED 29 NOV 2006

NSN: 9135-01-525-1620

CONTRACT PERIOD THREE

1 OCTOBER 2014 THROUGH 31 MARCH 2015

0004 PROPELLANT, PRESSURIZING AGENT 555,014 CZ $__________ $__________

IAW MIL-PRF-27404C DATED 29 NOV 2006

NSN: 9135-01-525-1620

CONTRACT PERIOD ONE

1 OCTOBER 2012 THROUGH 30 SEPTEMBER 2013

NON-BLM

0005 PROPELLANT, PRESSURIZING AGENT 204,000 CZ $__________ $__________

IAW MIL-PRF-27404C DATED 29 NOV 2006

NSN: 9135-01-525-1620

CONTRACT PERIOD TWO

1 OCTOBER 2013 THROUGH 30 SEPTEMBER 2014

0006 PROPELLANT, PRESSURIZING AGENT 102,000 CZ $__________ $__________

IAW MIL-PRF-27404C DATED 29 NOV 2006

NSN: 9135-01-525-1620

CONTRACT PERIOD THREE

Amendment No. 0002 Page 5 of 16

1 OCTOBER 2014 THROUGH 31 MARCH 2015

0007 MISCELLANEOUS SERVICES TBN

MAINTENANCE/REPAIR OF HPCAs/ ISOs, AND TUBE TRAILERS

IAW PARA. 5 OF STATEMENT OF OBJECTIVES

CONTRACT PERIOD THREE

1 OCTOBER 2012 THROUGH 31 MARCH 2015

0008 SERVICES – PURGE COMPRESSED 18 EACH $__________ $__________

GAS TRAILER OR ISO WITH/WITHOUT CHASSIS AS REQUIRED

IAW SOO, PARAGRAPH 3.5

CONTRACT PERIOD:

01 OCTOBER 2012 THROUGH 30 SEPTEMBER 2015

0009 SERVICES – PURGE COMPRESSED 18 EACH $__________ $__________

GAS HPCAs AS REQUIRED

IAW SOO, PARAGRAPH 3.5

CONTRACT PERIOD:

01 OCTOBER 2012 THROUGH 30 SEPTEMBER 2015

0010 SERVICES – STORAGE 30 MONTHS $__________ $__________

OF TUBE TRAILERS AND ISOs WITH AND WITHOUT CHASSIS AND HPACs

OVER AND ABOVE QUANTITIES LISTED

IN PARAGRAPH 6 OF THE STATEMENT OF OBJECTIVES

CONTRACT PERIOD:

01 OCTOBER 2012 THROUGH 30 SEPTEMBER 2015

MINIMUM GUARANTEE IS 309,450 CZ

(CZ EQUALS NM3)

C. This amendment also incorporates the following revised Statement of Objectives:

STATEMENT OF OBJECTIVES

6 July 2012

1. DESCRIPTION:

Defense Logistics Agency (DLA) Energy, as the Department of Defense (DoD) Integrated Materiel Manager (IMM) for Aerospace Energy products and related services requires production and delivery of gaseous helium. The Contractor shall provide all production, raw materials, supplies, management, tools, equipment, and labor necessary for the delivery of gaseous helium into Government-provided helium containers. The Contractor shall also provide storage and minor repairs of Government-provided containers.

Amendment No. 0002 Page 6 of 16

2. PRODUCT SPECIFICATION FOR GASEOUS HELIUM:

2.1. Bulk Gaseous Helium offered under this contract shall conform to Type I, Grade A, of MIL-PRF- 27407C, dated 29 Nov 2006.

2.2. In addition to the reports required elsewhere within this contract, one copy of a Certificate of Analysis (CoA) for each sample required by specification, shall be sent to DLA Energy-QA/QT within three (3) days after the analysis of that sample. The analysis report shall be emailed to tech.prop@dla.mil or faxed to the attention of DLA-Energy Q at 210-925-8048.

3. DELIVERY:

3.1. All product delivery stipulated herein shall be accomplished IAW a DD Form 1155 Delivery Order (DO) issued by the Contracting Officer (CO). The CO shall issue a DO that obligates funds for all product orders under the Contract. The filling of empty Government-provided containers shall be directed by the CO under the authority of the DO.

3.2. Delivery of gaseous helium shall be into Government-provided tube bank trailers, International Organization for Standardization (ISO) containers, High Pressure Cylinder Assemblies (HPCAs), and other helium containers.

3.3. Contractor shall be able to fill a minimum of one (1) helium tube bank trailer or helium ISO container per business day. Unless a longer period is specified on the DO, each container shall be filled within three (3) days of completion of repairs or within five (5) days of receipt of containers if no repairs are required. The Contractor shall also be able to fill a minimum of 8 (eight) HPCA’s within three (3) days of completion of repairs or within five (5) days of receipt of containers if no repairs are required, unless a longer period is specified on the DO. The estimated average capacity of a helium tube-bank trailer is 1600 Nm3 and a helium ISO container is approximately 2700 Nm3. The average capacity of a HPCA is 291.5 Nm³. Contractor shall fill containers to their maximum allowable working pressure (MAWP). In no case will the MAWP exceed 4500 psig for any container.

3.4 Product Heel: Helium containers returned to the Contractors fill point may have residual product inside. Contractor shall have capability to analyze and determine the volume of remaining product (heel) in compressed gas tube-bank trailers, ISO containers, and HPCAs returned to the fill plant. The remaining product heel shall be analyzed for compliance in accordance with paragraph 2 “PRODUCT SPECIFICATION GASEOUS HELIUM”. Product heel, which conforms to the analysis, shall be retained within the compressed gas container for refilling and the quantity reported as a credit on the Helium Quantity Load Sheet after refilling. The heel and net fill quantities shall be identified on the applicable DD Form 250 or commercial shipping document. Should the product heel fail the analysis, Contractor shall contact the DLA Energy CO immediately for further guidance.

3.4.1. When a compressed gas tube-bank trailer or ISO container must be emptied and released from the Contractor for reasons such as re-certification, turn-in, or repair, Contractor shall be required to analyze the heel for compliance in accordance with paragraph 2 “PRODUCT SPECIFICATION GASEOUS HELIUM”. If the product conforms to analysis, the Contractor shall withdraw as much helium from the compressed gas tube-bank trailer or ISO container as possible and provide credit to DLA Energy on a DD Form 250 or commercial shipping document for the amount of product removed. Should the product heel fail the analysis, the Contractor shall contact the DLA Energy CO immediately for further guidance.

3.4.2. Product heel credits shall be documented by the Contractor. The block at the lower portion of the DD Form 250, “16. STOCK/PART NO. DESCRIPTION” or “23. CONTRACTOR USE ONLY” or separate area of the commercial shipping document shall include the following:

TRAILER /ISO STATUS BEFORE FILLING:

mailto:tech.prop@dla.mil

Amendment No. 0002 Page 7 of 16

Trailer/ISO Number _________________ Arrival Date: ________________ Product Heel (Nm3) __________________

TRAILER/ISO STATUS AFTER FILLING:

Total Volume of Helium (Nm3): ______________ Less: Product Heel Credit (Nm3): ______________ Net Purchase (Nm3): ______________

3.5. Container Purge: Contractor shall have the capability to purge trailers and ISO’s IAW a DO issued by the DLA Energy CO. Contractor shall notify the Government whenever contamination is suspected and ask for guidance from the DLA Energy CO. Procedures for cleaning/purging the tubes or ISO containers shall be developed by the Contractor and presented to the DLA Energy CO for approval. Procedures should include steps for verifying contamination in the tubes is low enough to insure that, upon loading with product, the loaded product will meet specification requirements.

3.6. The Contractor’s fill points will operate as a DFSP (Defense Fuel Support Point), and as such, the Contractor shall comply with the requirements of the provisions in the internal instruction entitled RESPONSIBILITY FOR GOVERNMENT-OWNED AEROSPACE ENERGY PRODUCTS (DLA ENERGY). This includes completing and submitting all DFSP documents to maintain inventory accountability and accurate inventory records, and ensuring that each Government-provided container filled, repaired and stored at the Contractor fill point is maintained in serviceable condition as recommended by the manufacturer.

4. QUANTITY DETERMINATION:

4.1. Quantity determination for gaseous helium shall be by calculation using pressure and temperature data at time of filling and the container water volume. Contractor shall ensure a calibrated pressure gauge is available for quantity determination of the gaseous helium at time of filling. The formula included in the attachment entitled “Quantity Load Sheet” shall be utilized by the Contractor for calculating the quantity utilizing pressure/temperature data.

4.2. A Government representative shall inspect filled container(s) prior to acceptance by the Government under this contract. The Contractor shall notify the assigned Government representative in sufficient time to permit inspection by the Government.

5. MISCELLANEOUS SERVICES:

5.1. Minor Repairs: The Government’s intent is that when trailers, ISO containers or HPCAs arrive at the trans-fill point the container shall be roadworthy and fully serviceable for filling. However during transit by the Government or during the fill process, there is a possibility that the container may sustain minor damage requiring repair.

5.1.1. The Contractor shall provide on-site equipment, tools, parts, and personnel to perform minor repair procedures to bring bulk helium containers to serviceable condition for filling. Minor repair procedures include repair and/or replacement of pressure gauges, valves, fittings, rupture discs, manifolds, and pigtails/lines as needed to bring container to serviceable condition.

5.1.2. If the cost for repairs is in excess of $500, the Contractor shall submit to the CO, via facsimile or email, an itemized list of parts and repairs and their associated cost within 24 hours of container arrival and the Contractor shall not begin the repairs until a written authorization (delivery order) is received from the CO. The Contractor shall complete the repairs within 48 hours of container arrival for repairs $500 or less, or within 48 hours of written authorization from the CO for repairs over $500.

Amendment No. 0002 Page 8 of 16

5.2. Other than Minor Repairs: Repairs associated with this section refers to any and all tasks required to return Government helium conveyance equipment to serviceable condition and are beyond the criteria established for minor repairs. Government requires the Contractor to submit a documented cost estimate of the repairs and total cost to bring equipment into serviceable condition with and estimated time for completion to the CO. Upon approval by the CO, the Contractor shall make repairs, fill containers with helium, and store on-site until notified to transport to the forward location.

5.3. The Government reserves the right to authorize a Government representative to inspect the container relative to the repair the Contractor identifies prior to approval by the CO. The CO will advise the Contractor of approved repairs.

5.4. All removed parts and/or hardware shall be retained until offered to the Government for inspection. The Government will make the determination of which removed components will be sent for Government reutilization or disposal through the Defense Reutilization and Marketing Service (DRMS). The Contractor shall be required to dispose of removed parts that are determined by the Government to be scrap and not worthy of shipment to DRMS. The cost of scrap disposal shall be included in the service cost.

5.5. Depending upon the services to be performed on the helium container, the required completion date will be stated on each DO as proposed and awarded under the basic contract(s).

5.6. In the event a container is returned for filling and contamination is suspected due to exposure to the atmosphere (e.g. valves open or no pressure in the cylinders/tubes), the Contractor shall decontaminate the container utilizing procedures necessary to ensure the product in the container after filling will meet specification requirements. Prior to performing this service, the Contractor shall notify the CO of the reasons contamination is suspected and shall proceed with the approval of the CO.

6. STORAGE SERVICES:

6.1. At the Government’s request, the Contractor shall be capable of storing a maximum of 12 tube bank trailers or ISO’s with/without chassis and 18 HPCA’s at the Contractor fill location, filled and ready for pick up by the Government.

6.1.1. Tube bank trailers, chassis-mounted compressed helium ISO containers, and ISO containers not mounted on a chassis will have lengths ranging from 20 ft. to 42 ft., widths of 8 ft., and heights up to 10 ft. HPCA dimensions are length 5.2 ft. x width 4.6 ft. x height 6 ft. The maximum weight for an HPCA is 6,000 lbs and the maximum weight for an ISO container without a chassis is 50,000 lbs.

6.2. Contractor may also be required to store other Government-owned equipment such as spare parts and/or shoring that will require a covered storage area.

7. REPORTS AND RECORDS:

7.1. Each Contractor fill point location shall operate as a DFSP IAW provisions in the internal instruction entitled RESPONSIBILITY FOR GOVERNMENT-OWNED AEROSPACE ENERGY PRODUCTS (DLA

ENERGY).

7.2. In addition to the reporting requirements identified herein, the Contractor shall provide the documents, reports, and records listed below weekly by electronic means by emailing each to descsa.helium@dla.mil at the end of each week.

mailto:descsa.helium@dla.mil

Amendment No. 0002 Page 9 of 16

7.2.1. Inventory Log Sheet: The Contractor shall submit an Inventory Log Sheet at the end of each week. The Inventory Log Sheet identifies each incoming, outgoing, and stored helium container by serial number and status. A sample of the Inventory Log Sheet is attached.

7.2.2. Quantity Load Sheet: The Contractor shall submit a Quantity Load Sheet at the end of each week for each helium container filled. A copy of the Quantity Load Sheet shall be attached to the helium container prior to release to the Government. The Quantity Load Sheet determines total helium quantity per container and helium residual from turn-in. A sample of the Quantity Load Sheet is attached.

7.2.3. Replaced Parts List: The Contractor shall submit a Replaced Parts List at the end of each week. The Replaced Parts List identifies by helium container serial number the individual parts or components that were replaced to bring the container to a serviceable condition for filling. A sample of the Replace Parts List is attached.

8. CONTRACTOR POST AWARD RESPONSIBILITIES:

8.1. The Contractor shall provide the CO with a list of personnel available on a 24-hour a day basis for emergency request of technical and/or supply support. The list shall include full name, telephone number, home telephone number, direct long distance dialing number, fax number and e-mail address. It shall be the Contractor’s responsibility to keep the personnel list updated as changes occur.

8.2. If the primary Contractor utilizes sub-contractors to accomplish any portion of this contract, it shall be the primary Contractor’s responsibility to ensure all requirements and responsibilities contained in the contract are met and that sub-contractor employees meet and comply with the requirements stated above.

D. The following Aerospace Clauses replace the corresponding Aerospace Clauses in the original solicitation:

L0003 L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012)

(a) All proposals shall consist of a Price Proposal. In addition, a Technical Proposal shall be submitted if indicated in paragraph (c) below.

(b) PRICE PROPOSAL.

(1) In the Schedule, Section B, Supplies or Services and Prices/Costs, offered prices shall be completed for each Contract Line Item Number (CLIN) unless the Schedule notes that multiple awards will be made. In that case, the offeror may select which CLINs or groups of CLINs, such as those applying to a specific customer location, against which to submit an offer;

(2) For each applicable box checked below, unit prices shall be formulated, as specified:

[ X ] (i) Product with no Monthly Facility Fee (MFF). The offeror shall include all fixed, variable and incremental costs to produce and prepare product for Government inspection and acceptance. Include all transportation and shipping costs to deliver the product to the specified customer location if the product CLIN is designation as f.o.b. destination. For this solicitation, the applicable CLINs: CLINS 0001 THROUGH 0006.

[ ] (ii) Product with an MFF CLIN. The offeror shall include only the variable and incremental costs to produce and prepare the product for Government inspection and acceptance in the product CLIN. All fixed costs associated with the facility shall be included in the MFF, to include storage and distribution of Government-owned product, if required by the Statement of Objectives (SOO). For this solicitation, the applicable CLINs are [Buyer fill in the CLIN(s)] _______________________.

[ X ] (iii) Services CLIN(s), such as maintenance and repair of containers. The offeror shall include all variable and fixed costs associated with the service, as described in the SOO, unless otherwise noted herein

Amendment No. 0002 Page 10 of 16 that those costs should be included in another CLIN: [Buyer fill in the CLIN(s) or put N/A if not applicable] ____________N/A_______________. For this solicitation, the applicable Services CLINS are: CLINS 0008 AND 0009 – PURGE SERVICES AND CLIN 0010 – STORAGE SERVICES FOR DLA ENERGY OWNED FULL CONTAINERS.

[ ] (iv) Repair Parts Specifically Identified in the Schedule. Where the Government specifically identifies repair parts which will be reimbursed under the Contract, the offeror shall include in its offered price, on a per unit basis, all costs associated with that repair part, to include the applicable labor costs to install it. For this solicitation, the applicable CLINS are [Buyer fill in the CLIN(s)] _________________________________________.

[ ] (v) Contractor-Provided Tank(s) CLIN(s). The offeror shall include in each applicable CLIN all fixed and variable costs associated with leasing of a tank or multiple tanks to the Government under the contract.

Separate CLINS have been established for the costs associated with the leasing of the tank(s) as compared to the costs associated with the tank(s) installation and removal. Where the incumbent is offering the same number and size of tanks previously provided under the previous contract, the incumbent need not propose a price for tank(s) installation.

However, the incumbent shall propose a price for tank(s) removal. For this solicitation, the applicable CLINs are [Buyer fill in the CLIN(s)] _______________________________________________.

[ ] (vi) Contractor provided equipment CLIN(s). Where the SOO requires specific contractor-provided equipment for which a separate CLIN has been established for reimbursement under the resultant contract, the offeror shall include all fixed and variable costs associated with providing such equipment, to include but not limited to delivery, installation, calibration, maintenance and repair throughout the contract term, and removal at the expiration of the contract. For this solicitation, the applicable CLINS are [Buyer fill in the CLIN(s)] [ ] (vii) Expedited/Emergency Delivery CLIN(s). Where the Schedule has a CLIN for Expedited and/or Emergency delivery, as defined in the SOO, the offeror shall include all costs associated with such delivery on a per shipment basis. This encompasses additional labor and transportation costs anticipated to be incurred over and above normal delivery costs. Any product ordered with an Expedited and/or Emergency delivery shall be paid at the unit price of the applicable product CLIN. For this solicitation, the applicable CLINS are [Buyer fill in the CLIN(s)] [ ] (viii) Hot Fill CLIN(s). If the solicitation includes a “Hot Fill” CLIN, the offeror shall propose a per Hot Fill Unit Price. Examples of costs that should be included in the offeror’s per Hot Fill Unit Price but not limited to these, are additional support personnel required to accomplish the Hot Fill or additional time required at the delivery location in support of the Hot Fill. The per Hot Fill Unit Price shall not include the cost of the product consumed during the Hot Fill since the Contractor will be paid for the amount of product consumed under the applicable product CLIN. For this solicitation, the applicable CLINs are [Buyer fill in the CLIN(s)] __________________________________________.

[ ] (ix) Additional CLIN(s) not described above to be priced by the offeror. For this solicitation, the applicable CLINs are N/A.

[ ] (x) Not Separately Priced (NSP) CLIN(s). For CLINs shown as NSP, the offeror shall include the costs associated with that CLIN in the designated CLIN’s unit price. For this solicitation, the applicable Services CLINs are [Buyer fill in the CLIN(s)] _______________________________________.

[ X ] (xi) To Be Negotiated (TBN) CLIN(s). For those CLINs designated as TBN, the Government will negotiate a unit price on a case-by-case basis, if and when requirements under the CLIN materialize. In order for the Government to add such a requirement to the contract under the TBN CLIN, the unit price must be determined fair and reasonable. For this solicitation, the applicable CLINs are

CLINS 0007.

[ ] (xii) Exceptions to the above.

(3) The Standard Form 1449 must be completed, as well as the MANUFACTURING AND FILLING POINTS and TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (AEROSPACE ENERGY) contract provisions , if included, and all certifications and representations contained in Section K of the solicitation.

(c) TECHNICAL PROPOSAL.

(1) A Technical Proposal __IS NOT___ required. If a Technical Proposal is required, the two non-cost factors will be Technical Capability and Past Performance.

(2) TECHNICAL CAPABILITY. The offeror shall provide a technical proposal by completing the required fill-in data only if the applicable box is checked. [buyer checks each applicable block] ). The offeror may submit continuation sheets with this fill-in provision to provide additional technical narrative, however, the complete

Amendment No. 0002 Page 11 of 16 technical proposal, exclusive of any résumés, drawings, or blueprints, shall not exceed 12 pages. The proposal will be evaluated strictly on technical merit and should describe and justify the offeror's technical approach to the requirements of the work to be performed and/or delivery of product under the contract. The technical proposal should be specific and provide concise, straight-forward descriptions of the offeror's capability to perform the requirements of the contract.

Proposals that are unrealistic in terms of the description of the offeror’s technical capability may be considered indicative of a lack of understanding of the solicitation’s requirements. :

[ ] (i) General description of how the offeror will ensure a reliable supply of on-spec product and/or service to meet the Government’s requirements as stated in the solicitation.

[ ] (A) Production capability per day of proposed fill plant.

[ ] (B) Plant storage capacity for product offered.

[ ] (C) If the offeror will be making deliveries to customers, describe type, number and size of containers that will be used for delivery of product to each customer location that the offeror proposes on.

[ ] (D) If the contract requires maintenance and repair of Government-owned equipment, such as repairs to cylinders or tube trailers, describe how such services will be performed to meet solicitation requirements.

[ ] (E) Describe the in-process quality control procedures that will ensure the production and delivery of on-spec product.

[ ] (F) Describe offeror’s proposed quality sampling plan that will be implemented to assure individual shipments made under this solicitation meet the product quality requirements stated in the applicable specification or product describe.

Amendment No. 0002 Page 12 of 16

[ ] (ii) Description of Contractor-furnished equipment at a location other than the Contractor’s facility (e.g., on Government property) such as storage tanks.

[ ] (A) Describe all Contractor provided equipment to include a description of size, certifications, instrumentation (including alarms), design parameters, etc.

[ ] (B) Include a timeline for the purchase, installation, testing and commissioning of the equipment.

[ ] (iii) Describe the method for securing delivery container(s) and/or cargo tank openings with tamper indicating devices (i.e., seals) to prevent tampering and/or pilferage from the time the cargo tank is loaded until it is delivered to its destination. (Refer to the CONTRACTOR SEAL REQUIREMENT contract provision.)

[ X ] (iv) For solicitations containing product CLINs, if the offeror is not the manufacturer of the product to be delivered under the contract or is otherwise proposing to provide product from a fill plant or production facility other than one owned and operated by the offeror, the offeror shall provide a written supply commitment letter from the owner of the fill plant or production facility from where the product will be obtained in performance of any resultant contract. The written supply commitment shall clearly indicate:

[ X ] (A) The owner of the fill plant or production facility is willing to provide the products and/or services required to be delivered/performed under any resultant contract for the duration of the delivery period shown in the Schedule; and [ X ] (B) Confirmation of the quantity and specification of the products to be delivered;

[ ] (v) This paragraph describes additional information for the Technical Proposal not asked for in above paragraphs.

Amendment No. 0002 Page 13 of 16

(d) PAST PERFORMANCE. Past Performance information is required in response to all solicitations.

For solicitations that require only a Price Proposal, past performance information will be used in the Contracting Officer’s responsibility determination of individual offerors, as required by FAR Part 9. For those solicitations that require a Technical Proposal, past performance information will be used to evaluate past performance as the second non-cost factor in addition to Technical Capability. The offeror shall submit information regarding its past performance on the form entitled Contractor Performance Data Report, as attached to the solicitation. All contracts and subcontracts (completed or in progress) for the last three years awarded by DLA Energy as well as other (completed or in progress) Government agencies or the private sector that are related to the proposed contract shall be included on the form. Failure to submit a complete list may reflect adversely on the offeror. The number of relevant past performance efforts submitted in accordance with the attachment shall not exceed five for the prime offeror. The Government reserves the right to make telephone contact with offerors, proposed subcontractors and references in order to confirm and/or clarify the past performance information submitted. The Government has the option to consider information from these sources, and any others that may be available, that it deems necessary in order to make an accurate assessment of the offeror’s past performance. In addition, the offeror should provide additional information on any significant problems encountered and corrective actions taken under contract(s).

(e) ADDITIONAL INFORMATION. For solicitations containing product CLINs that do not otherwise require a Technical Proposal, if the offeror is not the manufacturer of the product to be delivered under the contract or is proposing to provide product from a fill point or production facility other than one owned and operated by the offeror, the offeror shall provide a written supply commitment letter from the owner of the fill plant or production facility from where the product will be obtained in performance of any resultant contract. This information will be used in the Contracting Officer’s responsibility determination as required by FAR Part 9. The written supply commitment letter must clearly indicate-- [ ] (A) The owner of the fill plant or production facility is willing to provide the products and/or services required to be delivered/performed under any resultant contract for the duration of the delivery period shown in the Schedule; and [ ] (B) Confirmation of the quantity and specification of the products to be delivered;

(f) EXCEPTIONS. Exceptions (price or technical) taken to the terms and conditions of the solicitation and/or any of its formal attachments shall be identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain the impact, if any, on the performance, price, and specific requirements of the solicitation. Failure to agree to the terms and conditions of the solicitation may result in the offeror being removed from consideration for award.

SECTION M – EVALUATION FACTORS FOR AWARD

M0001 M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG

2009)

(a) For solicitations that do not require submission of a Technical Proposal, award will be made on the basis of the total lowest evaluated price of proposals.

(b) For solicitations that require submission of a Technical Proposal, award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the specific evaluation criteria contained in the solicitation. Non-cost factors to be evaluated shall be technical capability and past performance. In accordance with FAR 15.101-2(b)(3), proposals will be evaluated for acceptability but not ranked using the non-cost/price factors.

(1) Technical capability will be measured against requirements specified in the solicitation.

As such, technical capability is considered acceptable when the offeror’s proposal is in compliance with the requirements of the solicitation. Specific criteria used to judge acceptability are as follows and apply ONLY if the applicable box is checked:

[ ] (i) Acceptability of the narrative describing how the offeror will ensure a reliable supply of on-spec product and/or services to meet the annual estimated quantities in the RFP’s Schedule.

[ ] (ii) Acceptability of the narrative describing any Contractor-furnished equipment at a location other than the Contractor’s facility (e.g., on Government property).

Amendment No. 0002 Page 14 of 16

[ ] (iii) Acceptability of method for securing delivery container and/or cargo tank openings with indicating devices (i.e., seals) to prevent tampering and/or pilferage from the time the cargo tank is loaded until it is delivered to its destination.

[ ] (iv) Acceptability of the offeror’s description of where the product(s) will be obtained and any written supply commitments if the offeror is not the producer of the product to be delivered under the contract.

[ ] (v) This paragraph describes additional criteria used to evaluate technical capability not described in the above paragraphs, if applicable. [Buyer fill in information or indicate N/A.] N/A

(2) Past performance shall generally include verification of performance with the offeror’s past and current customers, to include Federal, State, and local governments as well as private entities. The form entitled Contractor Performance Data Sheet, located in Section J of the solicitation, may be used to provide relevant performance history pursuant to this solicitation. In accordance with FAR 15.305(a)(2)(iv), offerors without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance. Additionally, past performance data may be obtained through the Past Performance Information Retrieval System, similar systems or other Government departments and agencies, questionnaires tailored to the circumstances of this acquisition, Defense Contract Management Agency channels, interviews with program managers and contracting officers, and other sources known to the Government (including commercial sources). Offerors will be given the opportunity to address any negative performance information resulting from the past performance assessment inquiries.

(3) An offeror whose proposal is evaluated as acceptable from both a technical capability perspective as well as for past performance will be considered technically acceptable.

(c) Regardless of whether a Technical Proposal is required or not, the following price evaluation procedure(s) apply if the applicable box is checked:

[X ] (1) For F.O.B. Origin product CLINs. For price evaluation purposes, the evaluated price of each CLIN or subCLIN for product CLINS 0001 THROUGH 0006 to be delivered on an f.o.b. origin basis will be calculated by multiplying the estimated quantity by the proposed unit price of the product. To each CLIN/subCLIN, the Government will add as an “other price-related factor,” the Government’s estimated costs for transporting the product from the nearest aerial or sea port to the offeror’s proposed fill plant, production facility, and/or storage facility, as stated in the offeror’s proposal, to the individual customer locations in Afghanistan. The lowest laid down price is calculated by adding the sum of the evaluated prices for each CLIN/subCLIN to the Government’s total estimated cost for transportation and the total of all “other price related factors”, if any, as described in the paragraph below. Transportation rates are derived from-- [ X ] (i) For CONUS locations, the Surface Deployment and Distribution Command’s (SDDC’s) competitively awarded contracts will be used.

[ X ] (ii) For OCONUS locations, the Government rates for both air and sea transportation will be taken from the DoD’s Single Mobility System (SMS) Air Cargo/PAX Cost Calculator.

[ ] (2) For F.O.B. Destination product CLINs. For price evaluation purposes, the evaluated price of each CLIN or subCLIN for product (AA through ____) [Buyer fill in the CLIN(s)] will be calculated by multiplying the estimated quantity by the proposed unit price of the product(s), which should include all costs associated with the offeror’s delivery of product to the location specified in the Schedule.

F.o.b. destination CLINs are normally individual DLA Energy customer locations, unless otherwise specified.

[X ] (3) Non-product CLINs/subCLINs. For price evaluation purposes, the following non-product CLINS/subCLINs will be evaluated for award: CLINS 0008 THROUGH 0010.

Each non-product CLIN/subCLIN’s evaluated price will be calculated by multiplying the estimated quantity by the offered unit price. Offerors who do not propose on all non-product CLINs and subCLINs stated in the Schedule (where one award will be made), or where a group of CLINs/subCLINs will be evaluated for award, or where the Schedule contains specific customer locations to be evaluated and awarded, may not be considered for evaluation and award unless the offeror proposes prices on all applicable CLINs/subCLINs.

[ X ] (4) This paragraph describes the evaluation process for product or non-product CLINs/subCLINs or additional “other price related factors” not otherwise described in any of the above paragraphs, if applicable.

Amendment No. 0002 Page 15 of 16

The f.o.b. origin offer for each proposed commercial helium transfill will be evaluated against all requirements in Afghanistan in order to determine the lowest laid down cost for the requirements stated in the solicitation’s Schedule. In order to determine the lowest laid down cost, the Government will add to each offeror’s total evaluated price, the “door to door” transportation costs for SDDC’s commercial carrier to ship the total estimated number of gaseous helium containers from the offeror’s proposed commercial helium transfill to Afghanistan during the term of the contract. The SDDC commercial carrier rates that will apply are those awarded under special multi-modal type contracts by SDDC. Currently, those transportation rates are estimated to be approximately $2.85 per pound. In addition, Contract Clause I-0006 I209.09 EXTENSION PROVISIONS (DLA ENERGY JUL 2009) provides for extending the contract terms and conditions for a total of no more than six (6) months. The method for evaluating the extension is to multiply an additional six (6) months of requirements by the last year’s offered unit price, then add the estimated transportation costs as an “other price-related factor,” as described above. This total is then added to the lowest laid down price, for an overall total evaluated price.

[ X ] (5) The offered prices for the following CLINs/subCLINs will not be included in the evaluation for award, but will be evaluated for price reasonableness and included as a CLIN/subCLIN in each contract award: N/A.

[X ] (6) Lowest Total Evaluated Price for F.O.B. Origin Requirements. If Schedule B includes both f.o.b. origin product CLINs as well as non-product CLINs that are to be evaluated in accordance with this provision, the evaluated prices for all the non-product CLINs will be added to the lowest laid down price of all the product CLINs that are otherwise designated as one group, such as in a region, to determine the lowest total evaluated price. Otherwise, only the product CLINs (or those applicable to the designated group) will be added to determine the lowest total evaluated price. If no region or group is designated in the Schedule, all the evaluated prices of all the CLINs in the solicitation will be added together for determination of the lowest total evaluated price.

[ ] (7) Lowest Total Evaluated Price for F.O.B. Destination Requirements. If Schedule B includes both f.o.b. destination product CLINs as well as non-product CLINs that are to be evaluated in accordance with this provision, the evaluated prices for all the non-product CLINs will be added to the evaluated price(s) of the applicable f.o.b. destination product CLINs to determine the lowest total evaluated price. Otherwise, only the product CLINs applicable to the group or designated customer location will be added to determine the lowest total evaluated price. Where more than one customer location is contained in the Schedule, the lowest total evaluated price shall be all product CLINs and non-product CLINS for a specific customer location, added together.

[ ] (8) If Schedule B is for services only and as such does not include any product CLINs, the total evaluated price will be the total of the evaluated prices for all the services CLINs, as designated in paragraph (e)(3) above.

(d) If options are included, the Government will evaluate offered prices by using the same price evaluation procedures as described above, except, as follows: [Buyer fill in or indicate N/A.] The Government may determine that an offered price under an option CLIN is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(e) BASIS FOR AWARD. For solicitations not requiring a Technical Proposal, the Contracting Officer will award to the responsible offeror with the lowest total evaluated price for the designated group of CLINs and/or customer locations, including options if contained in the solicitation.