SPE601-14-Q-0306_Aerospace_Clauses_.docx

DOCX document 56 KB Posted Jul 21, 2014

Attached to: Procurement/Manufacture of High Pressure Argon Cylinders
Solicitation number: SPE601-14-Q-0306
Issued by: Defense Logistics Agency Energy

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Aerospace Clauses

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File	Type	Posted
SF30_SPE60114Q03060002.pdf	PDF	Aug 7, 2014
SF30_SPE60114Q03060001 1 .pdf	PDF	Jul 30, 2014
MIL-STD-1411B_8_June_2010.pdf	PDF	Jul 21, 2014
SPE60114Q0306_SOL.pdf	PDF	Jul 21, 2014
Transportation_Worksheet.xlsx	XLSX spreadsheet	Jul 21, 2014
MIL-STD-101B_3_December_1970.pdf	PDF	Jul 21, 2014
STATEMENT_OF_OBJECTIVES_PR_14.docx	DOCX document	Jul 21, 2014
MPI_9.pdf	PDF	Jul 21, 2014

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B00001	B1.09-1	SUPPLIES TO BE FURNISHED (DEFINITE QUANTITY) (AEROSPACE ENERGY) (DLA ENERGY APR 2006)
	(a) This is a definite quantity contract for the purchase of supplies (and/or services) shown in the Schedule. The supplies to be delivered/loaded on the date specified in the Schedule, as well as the delivery points, method of delivery, and estimated quantities, are shown below as contract line items numbers (CLINS). Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities by the percentage stated in the VARIATION IN QUANTITY clause. The unit prices specified in the Schedule as CLINs are fixed and therefore not subject to adjustment.
	(b) The following provisions apply ONLY if the applicable box is checked:
		(1) [ ] Items of this contract call for f.o.b. destination delivery. 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 N/A
		(2) [ ] F.o.b. destination item(s) called for under this contract shall have shipment quantity determinations
		performed at destination.
		(3) [ X ] Items of this contract call for f.o.b. origin delivery. Inspection and acceptance will be at origin. Applicable
	to CLIN(s) 0001 and 0002.
		(4) [ ] Any offers received for less than the full quantity for each line item will be rejected by the Government.
		(5) [ ] A copy of the certified weight ticket shall accompany each shipment.
		(6) [ ] A copy of the Certificate of Analysis shall accompany each shipment.
		(7) [ ] An original and one copy of the H-14 Transport Equipment Delay Certificate shall be provided, if
	applicable.

E00001	E22	LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JUL 2013)
	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
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
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	200 1	Egypt	4001	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	110/120 2	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.	420

1 Except for Egypt, which is assigned to DLA Energy Middle East (Code 400), all other countries in Africa fall under DLA Energy Europe (Code 200).

2 The provinces of Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and Prince Edward Island are assigned to DLA Energy Americas East (Code 110). The rest of Canada falls under DLA Energy Americas West (Code 120).

110.	DLA Energy Americas East
	ATTN: Quality Manager 3
	Federal Building, Room 1005
	2320 LaBranch Street
	Houston, TX 77004-1091
	Phone:	(713) 718-3883, ext. 162/161/160
	FAX:	(713) 718-3891

120.	DLA Energy Americas West
	ATTN: Quality Manager 3
	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 Manager 3
CMR 422
APO AE 09067-0422
Phone:	49-631-3406-2285/2286 4
FAX:	49-631-3406-2289 4

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 Manager 3
	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 Manager 3
	PSC 851, Box 180
	FPO AP 09834-2800
	Phone: 973-17-85-6493 4
	FAX: 973-17-85-4650 4
	[Location: Bahrain]

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

4 Dial 011 before these numbers when calling from the U.S. When calling these numbers from outside the U.S., use the appropriate international long distance prefix for the country where the call originates.

E0002	E22.01	QUALITY REPRESENTATIVE (DLA ENERGY JUL 1992)
	The Quality Office assigned inspection responsibility under this contract is Mr. James Young – James.young@dla.mil

E0003	E35	NONCONFORMING SUPPLIES AND SERVICES (DLA ENERGY DEC 2011)
	(a) DEFINITION: As used in this contract provision:
		Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.
		Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).
		Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.
	(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.
	(c) The following procedures shall be used to request a deviation or waiver.
		(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor’s authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.
		(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer. Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.
		(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision of this contract.
		(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.
		(5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver. If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.
	(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES – FIXED-PRICE, INSPECTION OF SERVICES – FIXED PRICE, or CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to—
		(1) Consideration commensurate with the extent of nonconforming supplies; and
		(2) Cost of Government reinspection or retest, if necessary.

The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity.

(e) Contractors shall be held responsible for payment of any fines or penalties imposed on a receiving activity by an environmental enforcement agency, resulting from the delivery of nonconforming supplies under a DLA Energy contract.

(f) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate actions, including, but not limited to, rejecting the supplies or services whenever feasible and documenting the Contractor's performance records.

F0001	F21	CONTRACTOR NOTICE REGARDING LATE DELIVERY (DLA ENERGY May 2009)
	In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery Schedule or date, it shall immediately notify the Contracting Officer, in writing, giving pertinent details. This data shall not be construed as a waiver by the Government of any delivery Schedule or date or of any rights or remedies provided by law or under this contract.

G0001	G3	INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)
	Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

THIS PROVISION APPLIES ONLY TO DLA ENERGY-FUNDED ITEMS FOR DOMESTIC AND FOREIGN SUPPLIERS WHO CHOOSE TO BE PAID BY THE CORPORATE TRADE EXCHANGE WHEN THE RECEIVING BANK IS LOCATED IN THE UNITED STATES .

G9.07	ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE (DLA ENERGY JUL 2007)
	(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.

(DO NOT EXCEED 29 CHARACTERS)

(DO NOT EXCEED 20 CHARACTERS)

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

ACCOUNT TYPE CODE: (Contractor to designate one)

[ ] CHECKING TYPE 22

[ ] SAVINGS TYPE 32

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

(DO NOT EXCEED 15 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

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

(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:

(DO NOT EXCEED 153 CHARACTERS)

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

(DO NOT EXCEED 153 CHARACTERS)

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

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

(DO NOT EXCEED 25 CHARACTERS)

SIGNATURE: ______________________________________________________________________

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

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

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

(h) NOTICE TO FOREIGN SUPPLIERS.

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

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

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

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

I0001	I11.01-2		ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996)
	(a) In the event this contract is terminated for cause, in whole or in part, the Government will incur administrative costs.
	(b) The Contractor agrees to pay all administrative costs associated with a contract termination action. The minimum amount the Contractor shall pay for each termination action is $500. This payment for administrative costs is in addition to any excess re-procurement costs and any other remedies or damages resulting from the termination.
	(c) The term termination action, as used herein, means the termination for cause, including any associated re-procurement effort, involving--
		(1) Any single order or any group of orders terminated together;
		(2) Any item or group of items terminated together; or
		(3) The entire contract.

I0002	I28.01	FEDERAL, STATE, AND LOCAL TAXES (DLA ENERGY NOV 2011) (DEVIATION)
	(a) As used in this contract provision--
		(1) After-imposed tax means any new or increased Federal, State, or local tax that the Contractor is required to pay or bear the burden of as the result of legislative, judicial, or administrative action taking effect after the contract date.
		(2) After-relieved tax means any amount of Federal, State, or local tax that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear the burden of, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date.
		(3) All applicable Federal and State taxes means all excise taxes that the taxing authority is imposing and collecting on the transactions or property covered by this contract pursuant to written ruling or regulation in effect on the contract date.
		(4) Contract date means the date set for bid opening or, if this is a negotiated contract or a modification, the date set for final revised prices.
		(5) Local taxes means taxes levied by the political subdivisions of the States, District of Columbia, or outlying areas of the United States, e.g., cities and counties.
		(6) Outlying areas means—
			(i) Commonwealths. Puerto Rico and the Northern Mariana Islands;
			(ii) Territories. American Samoa, Guam, and the U.S. Virgin Islands; and
			(iii) Minor outlying islands. Baker Island; Howland Island, Jarvis Island; Johnston Atoll; Kingman Reef; Midway Islands; Navassa Island; Palmyra Atoll; and Wake Atoll.
		(7) State taxes means taxes levied by the States, the District of Columbia, or outlying areas of the United States.
		(8) Tax means taxes, duties and environmental or inspection fees, except social security or other employment taxes.
	(b) The contract price includes all applicable Federal, State, and local taxes, except as otherwise provided. (See either the FEDERAL AND STATE TAXES/FEES or FEDERAL, STATE, AND LOCAL TAXES AND FEES contract provision.)
	(c) The contract price shall be increased by the amount of any after-imposed tax if the Contractor states in writing that the contract price does not include any contingency for such tax.
	(d) The contract price shall be decreased by the amount of any after-relieved tax.
	(e) The contract price shall also be decreased by the amount of any tax that the Contractor is required to pay or bear the burden of, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer.
	(f) The Contractor shall promptly notify the Contracting Officer of all matters relating to any tax that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs.
	(g) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption.

K0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

The Defense Logistics Agency Energy (DLA Energy) will release prices of successful offerors after contract award pursuant to 10 U.S.C. 2305(g)(2), FAR 15.506(d)(2) and 32 CFR 286h-3. Prices are the bottom-line price and do not include any breakout of costs, such as transportation or overhead, and do not disclose the offeror’s anticipated profit or any pricing factors.

K0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

The offeror or quoter represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposals or quotations.

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

K0003 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

(a) When a vendor becomes aware that an invoice was submitted for a price or quantity that is lower than the correct amount, the following needs to be done:

1. The vendor will go to WAWF and try to recall the invoice and do changes in price or quantity. If the vendor is unable to recall the invoice:

2. The vendor will submit via fax (Fuels EDM FAX Line: 614-701-2638 or DSN 791-2638/ Toll Free 855-234-5592) a manual invoice to the payment office, SL4701, which identifies the invoice as an adjustment with an invoice number that is a derivation of the original invoice number that was submitted and paid. (For example, if the original invoice number was 12345, then adjustment invoice number shall be 12345ADJ).

3. The adjustment invoice should have the original price or quantity cited as well as the corrected price or quantity and the net adjustment,

4. All other proper invoice criteria, in accordance with the Prompt Payment Act, remain required for adjustment invoices.

5. The vendor can print the WAWF invoice and use it to make the adjustments as described above.

If a vendor has payment status questions, they may contact either DFAS-Customer Service at DFAS-CO_LC@DFAS.MIL or dial 1-800-756-4571 option 2, or contact their DLA Energy Contracting Officer, to obtain contract information from their contract.

Note: The aforementioned email address contains an underscore “_” between the “CO” and “LC”.

L0001 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

(a) Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.
(b) E-mail receiving data and compatibility characteristics are as follows:
	(1) E-mail address: patricia.bocock@dla.mil and Sylvia.urias-vallejo@dla.mil.
	(2) The DLA Energy accepts attachments in—
		(i) Adobe Acrobat;
		(ii) Microsoft Excel;
		(iii) Microsoft Word; and
		(iv) Microsoft PowerPoint.
(c) Initial proposals, modifications and proposal revisions submitted via e-mail must contain offeror's signature included in the attachment to the e-mail communication.
(d) Attachments that are not in .pdf file format must be sent password protected for “read only” to ensure the integrity of the data submitted.
(e) Proposals submitted electronically through a single e-mail must be no more than 10 MB. DLA Energy’s mail server will reject messages larger than 10 MB.
(f) The DLA Energy e-mail filter will scan the incoming e-mail and attachments for viruses and key words. Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s adult content library and may result in the e-mail delivery being delayed. Offerors are encouraged to verify receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.
(g) If any portion of an e-mail proposal received by the Contracting Officer is unreadable, the Contracting Officer will immediately notify the offeror and permit the offeror to resubmit the proposal. The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror and the resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complied with the e-mail submissions instructions provided in this paragraph and with the time and format requirements for resubmission prescribed by the Contracting Officer.
(h) The Government reserves the right to make award solely on the e-mail proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete signed original proposal.

L0002 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 are [Buyer fill in the CLIN(s)] _0001 and 0002_.
		[ ] (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)] _______________________.
		[ ] (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 that those costs should be included in another CLIN: [Buyer fill in the CLIN(s) or put N/A if not applicable] ____________________________________. For this solicitation, the applicable Services CLINS are [Buyer fill in the CLIN(s)] ________________________________________.
		[ ] (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 [Buyer fill in the CLIN(s)___________.
		[ ] (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)] _______________________________________.
		[ ] (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 [Buyer fill in the CLIN(s)]___________________________.
		[ ] (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 [buyer inserts IS or 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 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.

[ ] (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.)

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

	(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.

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).
	[ ] (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.]

	(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:
	[ ] (1) For F.O.B. Origin product CLINs. For price evaluation purposes, the evaluated price of each CLIN or subCLIN for product (AA through ____) [Buyer fill in the CLIN(s)] 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 offeror’s proposed fill plant, production facility, and/or storage facility, as stated in the offeror’s proposal, to the individual customer locations designated in an attachment to the solicitation. The estimated number of shipments shown in the attachment will also apply. 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--
		[ ] (i) For CONUS locations, the Surface Deployment and Distribution Command’s (SDDC’s) competitively awarded contracts will be used.
		[ ] (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.
	[ ] (3) Non-product CLINs. For price evaluation purposes, the following non-product CLINS/subCLINs will be evaluated for award: 0001 and 0002 . 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. [Buyer fill in information or indicate N/A.]

For price evaluation purposes, the evaluated price of each CLIN (0001 and 0002) to be delivered on an f.o.b. origin basis will be calculated by multiplying the quantity by the proposed unit price of the product. To each CLIN, the Government will add as an “other price-related factor,” the Government’s estimated costs for transporting the product from the offeror’s proposed production facility, as stated in the offeror’s proposal, to the individual customer location designated in the attachment (Transportation Worksheet) to the solicitation. The lowest laid down price is calculated by adding the sum of the evaluated prices for each CLIN to the Government’s total estimated cost for transportation. Transportation rates are derived from the Surface Deployment and Distribution Command’s (SDDC’s) competitively awarded contracts will be used.

	[ ] (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: [Buyer fill in the CLIN(s)] _______________________.
	[ 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).

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File details come from the government source that posted it. Updated Nov 14, 2017.