Amendment No. 03 GH 11 July.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 3

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

0003 11 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. 0003 Page 2 of 3 Solicitation SPE601-12-R-0319

THIS AMENDMENT: ANSWERS QUESTIONS FROM INDUSTRY, AND INCORPORATES FAR PART

16.505 as stated below:

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

1) INDUSTRY QUESTION: The pricing sheet mil spec reads MIL-PRF-27404C but the mil spec attached is 27407C. What is the difference?

Government Answer: The mil spec referenced in the schedule on page 4 of Amendment 0002 should read MIL-PRF-27407C instead of MIL-PRF-27404C. The correct mil spec (MIL-PRF-27407C) is attached to the original solicitation.

2) INDUSTRY QUESTION: Do you have an attachment for Replaced Parts List?

Government Answer: DLA Energy will not issue a Replaced Parts List. The last sentence of paragraph 7.2.3 of the SOO in Amendment No. 0002 is deleted. The replaced part list referenced in this paragraph is the contractor’s submission of parts replaced for containers repaired that week.

B. The following is added to the Important Notices to Offerors:

The below listed paragraph for the order placement procedures which are consistent with the Fair Opportunity Act. In accordance with Federal Acquisition Regulation, Part 16, Paragraph 16.505(a)(8) and under the provisions of the Federal Acquisition Streamlining Act of 1994, 10 U.S.C. 2304 (c) (Public Law 103-355) and 41 U.S.C. 253j(d), a protest is not authorized in connection with the issuance or proposed issuance of an individual delivery order except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued.

1. Delivery Orders Under Multiple Indefinite Delivery/Indefinite Quantity (ID/IQ) Contracts: The Contractor will be provided a fair opportunity to be considered for each delivery order. As the requirement for helium is identified, the Contracting Officer will consider several factors in determining the awardee of the delivery order, to include: the potential impact on previous orders placed with each of the contractors; the Government's transportation costs from the Contractor's fill point to the customer location; each Contractor's past performance under previous DLA Energy delivery orders issued under the contract, as well as previous helium production contracts; and, each Contractor's awarded contract prices, to include the price for helium.

As part of the delivery order award process, the Contracting Officer will also request from the Contractor the delivery date that the Contractor can meet for helium production. The stated delivery date relative to the urgency of the Government’s requirement will also be used in the placement of orders pursuant to FAR 16.505(b)(2)(i). In addition, the Government reserves the right to invoke the other exceptions, as well, to the fair opportunity process as allowed by FAR 16.505(b)(2).

In accordance with Defense Logistics Agency Directive (DLAD), Part 16, Paragraph 16.505(b), OFFERORS ARE HEREBY ADVISED THAT: (1) the competition requirements of FAR Part 6 do not apply to placement of individual task and delivery orders; (2) individual orders shall be placed in accordance with the selection criteria specified in the solicitation/contract; and (3) complaints about the placement of individual orders shall be reviewed by the activity competition advocate.

For this contract, the designated delivery order Ombudsman is:

DLA ENERGY - CPB

Attn: Damon Moore Competition Advocate

Amendment No. 0003 Page 3 of 3 Solicitation SPE601-12-R-0319

8725 John J Kingman Rd Ft Belvoir, VA 22060-6222 Phone: 703-767-7310 E-mail: Damon.Moore@dla.mil

The delivery order Ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for delivery orders in excess of $3,000, consistent with procedures in the contract. However, it is not within the designated delivery order contract ombudsman’s authority to prevent the issuance of an order or disturb an existing order.