SF1449_SPE60115R0316.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0057792148

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE601-15-R-0316

5. SOLICITATION NUMBER

2015 MAY 13

6. SOLICITATION ISSUE

DATE

Diane Cook POEFEM9

a. NAME

Phone: 210-925-2101

b. TELEPHONE NUMBER (No Collect calls)

2015 JUN 15

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE601

DLA ENERGY AEROSPACE ENRGY-DLAE-M

BLDG 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO TX 78226

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

325120NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

28PAGE 1 OF

02:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

PART I – SF 1449 CONTINUED IMPORTANT NOTICES TO OFFERORS

1. THIS SOLICITATION IS FOR THE DELIVERY OF GASEOUS HELIUM, TYPE 1, GRADE A AND GRADE N, BOTH BLM AND NON-BLM, ON AN F.O.B. ORIGIN BASIS INTO GOVERNMENT-PROVIDED COMPRESSED GAS TUBE-BANK TRAILERS, GOVERNMENT-PROVIDED INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) CONTAINERS, AND CUSTOMER PROVIDED CONTAINERS. THE GOVERNMENT MAY AWARD MULTIPLE INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ)-TYPE CONTRACTS FOR THE BULK HELIUM AND ANCILLARY SERVICES SPECIFIED IN THE SCHEDULE. ALL QUANTITIES IN THE SCHEDULE ARE

ESTIMATED QUANTITIES.

2. THE PERIOD OF PERFORMANCE IS TWO YEARS, THAT IS, 1 OCT 2015 – 30 SEP 2017.

3. THE MINIMUM GUARANTEE WILL BE 10 % OF THE 2 YEAR TOTAL ESTIMATED QUANTITY AWARDED FOR BLM AND/OR NON-BLM (PRODUCT ONLY). THE MAXIMUM QUANTITY ORDERED UNDER THE CONTRACT WILL NOT EXCEED 120% OF THE 2 YEAR TOTAL

ESTIMATED QUANTITY AWARDED FOR BLM AND/OR NON-BLM (PRODUCT ONLY).

4. HELIUM PURCHASES UNDER PRODUCT CLINS 0001 THROUGH 0004 OF THIS SOLICITATION ARE SUBJECT TO THE HELIUM ACT AND AS SUCH, FAR CLAUSE 52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (APR 2014) APPLIES. ONLY FEDERAL HELIUM SUPPLIERS AS DESIGNATED BY THE BUREAU OF LAND MANAGEMENT (BLM) WILL BE ELIGIBLE FOR A CONTRACT

AWARD FOR CLINS 0001-0004.

5. THE RESULTANT CONTRACT(S) WILL CONTAIN AN ECONOMIC PRICE ADJUSTMENT (EPA) CLAUSE. FOR BLM (IN-KIND) REQUIREMENTS, THE EPA ESCALATOR IS MANDATED BY THE BLM PURSUANT TO THE HELIUM PRIVATIZATION ACT. ALL BLM GASEOUS HELIUM PRODUCT CLINS (0001 THROUGH 0004) WILL BE ADJUSTED USING THE BLM INDEX (IN-KIND RATE). FOR CLINS 0005 AND 0006, THE NON-BLM REQUIREMENTS, THE BLM (CONSERVATION HELIUM) RATE WILL BE UTILIZED. THE EPA

MECHANISM WILL NOT BE APPLICABLE TO ANY CLINS FOR SERVICES.

6. EXCEPT FOR THE ANNUAL BLM ADJUSTMENTS, THE AWARDED PRICES FOR PRODUCT WILL REMAIN FIRM FOR THE LENGTH OF THE CONTRACT, TWO YEARS. ANY RECOVERY COSTS ASSOCIATED WITH MOVING CRUDE HELIUM TO THE REFINING PLANT AND MOVING THE REFINED HELIUM TO THE TRANSFILL LOCATIONS FOR FILLING OR ANY OTHER PRODUCTION COSTS MUST BE INCLUDED IN THE UNIT PRICE. ALL PRICES PROPOSED FOR THE BLM PRODUCT CLINS (0001 THROUGH 0004) SHALL BE BASED ON THE BLM FY 2015 (OCT 2014 – SEP 2015) CRUDE HELIUM PRICE OF $76.00 PER MC (IN-KIND) AND THE NON-BLM PRODUCT CLINS (0005 AND 0006) SHALL BE BASED ON THE CRUDE HELIUM PRICE OF $106.00 PER MC (CONSERVATION HELIUM) FOR FY 2015 (OCT 2014 – SEP 2015). BOTH ARE CONSIDERED TO BE THE BASE REFERENCE PRICES FOR THIS PROCUREMENT. WHEN CONSTRUCTING THE YEARLY PRICING PROPOSAL, OFFERORS SHOULD BEGIN WITH THE BASE REFERENCE PRICES AND ADD TO IT ANY OTHER VARIABLE AND FIXED COSTS, INCLUDING PROFIT. IF EITHER THE IN-KIND HELIUM PRICE FOR FY 2016 OR THE CONSERVATION HELIUM PRICE FOR FY 2016 BECOME AVAILABLE BEFORE FINAL PRICE REVISIONS (FPRS) ARE DUE, AN AMENDMENT WILL BE ISSUED TO THIS SOLICITATION IN ORDER TO INCORPORATE THE NEW INDEX PRIOR TO SUBMISSION OF

FPRS.

7. OFFERORS MAY SUBMIT PRICE PROPOSALS FOR AS MANY TRANSFILL LOCATIONS PER PRODUCT CLIN AS DESIRED, AS SHOWN IN SECTION B – SUPPLIES/SERVICES. AS SUCH, OFFERORS WILL PROVIDE THE QUANTITY AND PROPOSED PRICE FOR ALL BLM AND/OR NON-BLM HELIUM TO BE PROVIDED OUT OF THAT TRANSFILL LOCATION. OFFERORS MAY PROPOSE THE ENTIRE YEARLY ESTIMATE FROM EACH PROPOSED TRANSFILL LOCATION, IF IT IS AVAILABLE FROM THAT TRANSFILL LOCATION. EACH CUSTOMER LOCATION WILL BE SUPPORTED FROM THE PROPOSED CONTRACTOR TRANSFILL LOCATION THAT REPRESENTS THE LOWEST LAID DOWN PRICE FOR THAT LOCATION. HOWEVER, ONLY FEDERAL HELIUM SUPPLIERS AS DESIGNATED BY BLM WILL BE ELIGIBLE FOR

AWARD OF ANY QUANTITIES UNDER CLINS 0001 THROUGH 0004.

8. THE USE OF THE TERMS “CONTAINERS” THROUGHOUT THE SOLICITATION APPLIES TO GOVERNMENT-PROVIDED COMPRESSED GAS TUBE-BANK TRAILERS, GOVERNMENT-PROVIDED INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO) CONTAINERS, AND CUSTOMER PROVIDED CONTAINERS.

9. ALL OFFERORS MUST COMPLY WITH THE REQUIREMENTS LISTED IN DLA ENERGY AEROSPACE PROVISION L-0003 L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012) AND ALL OFFERS WILL BE EVALUATED IN ACCORDANCE WITH DLA ENERGY AEROSPACE PROVISION M-0001 M2.14 EVALUATION - COMMERCIAL ITEMS (AUG 2009).

PAGE 3 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE601-15-R-0316

10. FOR QUESTIONS REGARDING SMALL BUSINESS OR SMALL DISADVANTAGED BUSINESS AFFAIRS, OFFERORS ARE DIRECTED TO MR. GREG THEVENIN OF THE DLA ENERGY SMALL BUSINESS OFFICE AT 1-800-523-2601 OR 703-767-9465.

11. THE CONTRACTING OFFICER MAY REQUEST THAT THE DLA ENERGY REGION QUALITY ASSURANCE REPRESENTATIVE (QAR) PERFORM A PREAWARD SURVEY (PAS) IN ACCORDANCE WITH FAR PART 9.106-1. IF REQUESTED, THE OFFEROR AND ITS EMPLOYEES, INCLUDING THOSE AT THE FILL POINT AND/OR PRODUCTION FACILITY, SHALL BE REQUIRED TO PARTICIPATE FULLY IN THE PAS PROCESS. THE DLA ENERGY CONTRACTING OFFICER WILL DISCUSS ANY RECOMMENDATION BY THE QAR AS A RESULT OF THE PAS THAT IS OTHER THAN "FULL AWARD," WITH THE OFFEROR DURING NEGOTIATIONS. THIS WILL ALLOW THE OFFEROR AN OPPORTUNITY TO RESPOND OR OTHERWISE PROVIDE INFORMATION IN ITS FINAL PROPOSAL REVISION AS TO HOW THE OFFEROR INTENDS TO CORRECT THE ISSUE(S) AND/OR QAR CONCERN(S) THAT LED TO AN OTHER THAN "FULL AWARD"

RECOMMENDATION.

12. SOLICITATION SPE601-15-R-0316 WAS PREPARED IN ENTERPRISE BUSINESS SYSTEM (EBS) AND AS A RESULT CONTROLLING THE SEQUENCING OF THE ATTACHMENTS WITHIN THE SOLICITATION DOCUMENT IS NOT POSSIBLE.

13. SOLICITATION SPE601-15-R-0316 CONTAINS NINE (9) ATTACHMENTS. THE NINE ATTACHMENTS ARE IDENTIFIED INSIDE THE SOLICITATION BUT ARE IDENTIFIED HEREIN BELOW IN NO PARTICULAR ORDER FOR EVERYONE'S CONVENIENCE.

SOLICITATION SPE601-15-R-0316 ATTACHMENTS:

STATEMENT OF OBJECTIVES

PERFORMANCE SPECIFICATION PROPELLANT PRESSURIZING AGENT, HELIUM, MIL-PRF-27407D DATED 1 AUGUST 2014

ESTIMATED REQUIREMENT BY HELIUM TYPE, GRADE, CUSTOMER LOCATION AND FISCAL YEAR

SMALL BUSINESS SUBCONTRACTING PLAN

DD FORM 626 MOTOR VEHICLE INSPECTION (TRANSPORTING HAZARDOUS MATERIALS)

FORM H-14 TRANSPORT EQUIPMENT DELAY CERTIFICATE

DEFENSE LOGISTICS AGENCY (DLA) WEEKLY TRAILER INVENTORY REPORT

CONTRACTOR PERFORMANCE DATA SHEET

DLA ENERGY AEROSPACE PROVISIONS

14. THE SOLICITATION PROVISIONS SHOWN THROUGHOUT THIS SOLICITATION ARE IDENTIFIED BY THEIR FAR, DFARS OR DLAD NUMBERS, TITLE AND DATE. SOME PROVISIONS ARE INCORPORATED IN FULL TEXT AND SOME ARE INCORPORATED BY REFERENCE IN ACCORDANCE WITH FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. AT TIME OF CONTRACT(S) AWARD(S), PROVISIONS BECOME CLAUSES AND SOLICITATION SECTIONS K, L AND M WILL BE RETAINED IN THE PRE AWARD FILE. ANY RESULTANT CONTRACT(S) WILL CONTAIN CLAUSES THAT WILL BE IDENTIFIED BY THEIR FAR, DFARS AND DLAD NUMBERS, TITLE, AND DATE. SOME CLAUSES ARE INCORPORATED IN FULL TEXT AND SOME ARE INCORPORATED BY REFERENCE IN ACCORDANCE WITH FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE. THE PROVISIONS CONTAINED IN THE ATTACHMENT DLA ENERGY AEROSPACE PROVISIONS ARE IDENTIFIED WITH ALPHA AND NUMERIC SUCH AS B-0001 B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY)(AEROSPACE ENERGY)(DLA ENERGY JAN 2012) OR G-0002 252.232-7006

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013).

15. ABBREVIATIONS:

BLM = BUREAU OF LAND MANAGEMENT

CGA G-9.1-2014 = COMMODITY SPECIFICATION FOR HELIUM, CGA G-9.1-2014

CLIN = CONTRACT LINE ITEM NUMBER

EPA = ECONOMIC PRICE ADJUSTMENT

FY = GOVERNMENT FISCAL YEAR RUNNING FROM OCTOBER 1 THRU SEPTEMBER 30

IAW = IN ACCORDANCE WITH

ITEM = CLIN

MC = THOUSAND STANDARD CUBIC FEET

MCF = 1000 CUBIC FEET (MCF)

MIL-PRF-27407D = PERFORMANCE SPECIFICATION, PROPELLANT PRESSURIZING AGENT, HELIUM, MIL-PRF-27407D

DATED 1 AUGUST 2014

NSN = NATIONAL STOCK NUMBER

SOO = STATEMENT OF OBJECTIVES

TBN = TO BE NEGOTIATED

PAGE 4 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

16. THE ADDRESS FOR OVERNIGHT DELIVERY OF PROPOSALS RESULTING FROM THIS SOLICITATION IS AS FOLLOWS:

DEFENSE LOGISTICS AGENCY-ENERGY AEROSPACE ENERGY-FEM

ATTN: DIANE COOK CONTRACT SPECIALIST 1014 BILLY MITCHELL BLVD, BLDG 1621

SAN ANTONIO, TX 78226-1859

PAGE 5 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLIES/SERVICES: 9135-00-890-2011

ITEM DESCRIPTION:

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 9135-00-890-2011 33,219.000 MC $ ________________ $ ________________

PROPELLANT

PRESSURI

PRICING TERMS: Fixed Price with Economic Price Adjustment

QTY VARIANCE: PLUS 10% MINUS 10%

FOB Orig, Insp & Accp at Other

PREP FOR DELIVERY:

LINE ITEM 0001 DESCRIPTION:

NSN 9135-00-890-2011

PROPELLANT PRESSURIZING AGENT, GASEOUS HELIUM (BULK)

IAW SOO

IAW MIL-PRF-27407D

TYPE I GRADE A

BLM REQUIREMENT

DELIVERED F.O.B. ORIGIN INTO GOVERNMENT-PROVIDED CONTAINERS.

PROPOSED TRANSFILL LOCATION: _______________________________________

PERIOD OF PERFORMANCE 1 OCT 2015 THRU 30 SEP 2016

0002 9135-00-890-2011 31,600.000 MC $ ________________ $ ________________

FOB Orig, Insp & Accp at Other

PREP FOR DELIVERY:

LINE ITEM 0002 DESCRIPTION:

PAGE 6 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 9135-00-890-2011 CONT'D

NSN 9135-00-890-2011

PROPELLANT PRESSURIZING AGENT, GASEOUS HELIUM (BULK)

IAW SOO

IAW MIL-PRF-27407D

TYPE I GRADE A

BLM REQUIREMENT

DELIVERED F.O.B. ORIGIN INTO GOVERNMENT-PROVIDED CONTAINERS.

PERIOD OF PERFORMANCE 1 OCT 2016 THRU 30 SEP 2017

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0057792148 0001 N/A N/A GHC N/A

0002 0057792148 0002 N/A N/A GHC N/A

SUPPLIES/SERVICES: 6830-01-598-7274

0003 6830-01-598-7274 2,160.000 MC $ ________________ $ ________________

HELIUM,TECHNICAL

FOB Orig, Insp & Accp at Other

PREP FOR DELIVERY:

LINE ITEM 0003 DESCRIPTION:

NSN 6830-01-598-7274

PRESSURIZING AGENT GASEOUS HELIUM (BULK),

IAW SOO

IAW CGA G-9.1-2014

Type I Grade N

BLM REQUIREMENT

PAGE 7 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 6830-01-598-7274 CONT'D

DELIVERED F.O.B. ORIGIN INTO GOVERNMENT-PROVIDED CONTAINERS.

0004 6830-01-598-7274 2,160.000 MC $ ________________ $ ________________

HELIUM,TECHNICAL

FOB Orig, Insp & Accp at Other

PREP FOR DELIVERY:

LINE ITEM 0004 DESCRIPTION:

NSN 6830-01-598-7274

PRESSURIZING AGENT GASEOUS HELIUM (BULK),

IAW SOO

IAW CGA G-9.1-2014

Type I Grade N

BLM REQUIREMENT

DELIVERED F.O.B. ORIGIN INTO GOVERNMENT-PROVIDED CONTAINERS.

ITEM PR PRLI PR PRLI Material Need Ship Date .

0003 0057792148 0003 N/A N/A HGN N/A

0004 0057792148 0004 N/A N/A HGN N/A

SUPPLIES/SERVICES: 9135-00-890-2011

PAGE 8 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

0005 9135-00-890-2011 1,671.000 MC $ ________________ $ ________________

FOB Orig, Insp & Accp at Other

PREP FOR DELIVERY:

LINE ITEM 0005 DESCRIPTION:

NSN 9135-00-890-2011

PROPELLANT PRESSURIZING AGENT, GASEOUS HELIUM (BULK),

IAW SOO

IAW MIL-PRF-27407D

TYPE I GRADE A

NON BLM REQUIREMENT

DELIVERED F.O.B. ORIGIN INTO GOVERNMENT-PROVIDED CONTAINERS.

0006 9135-00-890-2011 1,646.000 MC $ ________________ $ ________________

FOB Orig, Insp & Accp at Other

PREP FOR DELIVERY:

LINE ITEM 0006 DESCRIPTION:

NSN 9135-00-890-2011

PROPELLANT PRESSURIZING AGENT, GASEOUS HELIUM (BULK),

IAW SOO

PAGE 9 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

IAW MIL-PRF-27407D

TYPE I GRADE A

NON BLM REQUIREMENT

DELIVERED F.O.B. ORIGIN INTO GOVERNMENT-PROVIDED CONTAINERS.

Evacuate and Purge Containers

0007 0001 - S20000007 1.000 EA $ ________________ $ ________________

PRICING TERMS: Firm Fixed Price

FOB Orig, Insp & Accp at Other

PREP FOR DELIVERY:

LINE ITEM 0007 DESCRIPTION:

S20000007

SERVICES PURGE COMPRESSED GAS TUBE-BANK TRAILER/ISO CONTAINER

AS REQUIRED

IAW SOO PARAGRAPH ENTITLED "6. CONTAINER PURGE:"

PERIOD OF PERFORMANCE 1 OCT 2015 THRU 30 SEP 2017

Repair

0008 0001 - S00000002 1.000 EA $ ________________ $ ________________

LINE ITEM 0008 DESCRIPTION:

S00000002

SERVICES, REPAIRS

PRICES ARE TO BE NEGOTIATED AND APPROVED BY THE CONTRACTING OFFICER PRIOR TO THE REPAIR.

PER TRAILER AND OR ISO CONTAINER

IAW SOO PARAGRAPH ENTITLED "9. REPAIRS - COMPRESSED GAS TUBE-BANK TRAILER/ISO:”

PAGE 10 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 0001-S00000002 CONT'D

Miscellaneous

0009 0001 - S00000046 16.000 EA $ ________________ $ ________________

LINE ITEM 0009 DESCRIPTION:

V00006972

SERVICES, ANALYTICAL TESTING FOR NEON AND HYDROGEN

FOR SHIPMENTS TO PRATT & WHITNEY JUPITER, FLORIDA

AND AEROJET SACRAMENTO, CA

IAW SOO

IAW MIL-PRF-27407D

IN SUPPORT OF NSN 9135-00-890-2011.

ITEM PR PRLI PR PRLI Material Need Ship Date .

0005 0057792148 0005 N/A N/A GHC N/A

0006 0057792148 0006 N/A N/A GHC N/A

0007 0057792148 0007 N/A N/A N/A N/A 0008 0057792148 0008 N/A N/A N/A N/A 0009 0057792148 0009 N/A N/A 9999 N/A

SUPPLIES/SERVICES: V001-V20000229

PAGE 11 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: V001-V20000229 CONT'D

0010 V001-V20000229 1.000 EA $ ________________ $ ________________

Expedited/Emergenc y Delivery

LINE ITEM 0010 DESCRIPTION:

S20000005

SERVICES, DELIVERY FEE FOR EXPEDITED DELIVERY - PER OCCURRENCE

IN ACCORDANCE WITH STATEMENT OF OBJECTIVES

PARAGRAPH ENTITLED "4. PRODUCT DELIVERY:"

PERIOD OF PERFORMANCE: 10/01/2015 - 09/30/2017

ITEM PR PRLI PR PRLI Material Need Ship Date .

0010 0057792148 0010 N/A N/A N/A N/A

PAGE 12 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Part 12 Clauses

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (MAR 2015) FAR

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] [ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C., 253g and 10 U.S.C. 2402).

[ X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[ ] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

[ X ] (4) 52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (JUL 2013) (Pub. L.109-282) (31 U.S.C.

6101 note).

[ ] (5) 52.204-11, American Recovery and Reinvestment Act – Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[ X ] (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contactors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C . 610 note ). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the shelf items).

[X ] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112- 74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub, L.

110-161).

[ ] (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a).

[ X ] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (11) [Reserved] [ ] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (NOV 2011) [ ] ( iii) Alternate II (NOV 2011) [ ] (13)(i) 52.219-7 , Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ X ] (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).

[ X ] (15)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (OCT 2001) of 52.219-9.

[ X ] (iii) Alternate II (OCT 2001) of 52.219-9.

[ ] (iv) Alternate III (JUL 2010) of 52.219-9.

[ ] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r )).

[ X ] (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

[ X ] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

[ ] (ii) Alternate I (JUNE 2003) of 52.219-23.

[ ] (20) 52.219-25, Small Disadvantaged Business Participation Program - Disadvantaged Status and Reporting (DEC 2010) (Pub. L.

103-355, section 7102, and 10 U.S.C. 2323).

[ ] (21) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (OCT 2000) (Pub. L. 03-355, section 7102, and 10 U.S.C. 2323).

[ ] (22) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside (NOV 2011) (15 U.S.C. 657f).

[ X ] (23) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013).

PAGE 13 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

[ ] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013).

[ X ] (26) 52.222-3, Convict Labor (JUNE 2003) (E.O.11755).

[ X ] (27) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (DEC 2013) (E.O. 13126).

[ X ] (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[ X ] (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O.11246).

[ X ] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[ X ] (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010 ) (29 U.S.C. 793).

[ X ] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[ X ] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .

[ X ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items).

[ ] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (37)(i) 52.223-16, EEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[ ] (ii) Alternate I (DEC 2007) of 52.223-16.

[ X ] (38) 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

[ ] (39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ] (40)(i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78,108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

[ ] (ii) Alternate I (MAR 2012) of 52.225-3.

[ ] (iii) Alternate II (MAR 2012) of 52.225-3.

[ ] (iv) Alternate III (MAR 2012) of 52.225-3.

[ ] (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note) .

[ X ] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s , proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ ] (46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ X ] (47) 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (48) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (49) 52.232-36, Payment by Third Party (JUL 2013 ) (31 U.S.C. 3332).

[ ] (50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] [ ] (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U .S.C.

351, et seq.).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance Calibration, or Repair of Certain Equipment—Requirements (NOV 2007) (41 351, et s eq.).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[ ] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.110-247).

[ ] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1 )).

(d) Comptroller General Examination of Record. The Contract or shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

PAGE 14 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(2) The Contract or shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L.110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637( d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns ) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities unities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52 .222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496) .

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 965 (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U .S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 241(b) and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations .

(End of Clause)

52.202-01 DEFINITIONS (NOV 2013) FAR

52.203-03 GRATUITIES (APR 1984) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009) DFARS

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) DFARS

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (NOV 2014) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

PAGE 15 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) DFARS

52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (AUG 2014) DLAD

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

52.208-08 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (APR 2014) FAR

(a) Definitions.

“Bureau of Land Management,” as used in this clause, means the Department of the Interior, Bureau of Land Management, Amarillo Field Office, Helium Operations, located at 801 South Fillmore Street, Suite 500, Amarillo, TX 79101-3545.

“Federal helium supplier” means a private helium vendor that has an in-kind crude helium sales contract with the Bureau of Land Management (BLM) and that is on the BLM Amarillo Field Office’s Authorized List of Federal Helium Suppliers available via the Internet at http://www.nm.blm.gov/www/amfo/amfo_home.html.

“Major helium requirement” means an estimated refined helium requirement greater than 200,000 standard cubic feet (scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit temperature) of gaseous helium or 7510 liters of liquid helium delivered to a helium use location per year.

(b) Requirements—

(1) Contractors must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available.

(2) The Contractor shall provide to the Contracting Officer the following data within 10 days after the Contractor or subcontractor receives a delivery of helium from a Federal helium supplier—

(i) The name of the supplier;

(ii) The amount of helium purchased;

(iii) The delivery date(s); and

(iv) The location where the helium was used.

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), in any subcontract or order that involves a major helium requirement.

(End of clause)

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease This increase or decrease shall apply to CLINs 0001, 0002, 0003,0004, 0005 and 0006 .

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period ; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 DAYS AFTER EXPIRATION OF THE ORDERING

PERIOD

(End of clause)

252.216-7006 ORDERING (MAY 2011) DFARS

PAGE 16 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from DATE OF AWARD through 30 SEP 2017 [insert dates].

52.216-9069 ECONOMIC PRICE ADJUSTMENT - PUBLISHED MARKET PRICE - DLA ENERGY DOMESTIC BULK (NOV 2011)

DLAD

(5) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price, pursuant to these economic price adjustment provisions shall not exceed 45.0% percent of the original base unit price in any applicable program year (whether a single year or multiyear program), except as provided hereafter.

(g) TABLE.

I

ITEM NUMBER

II

NAME OF

PUBLICATION

III

HEADING UNDER WHICH

MARKET INDICATOR IS

PUBLISHED AND NAME

OF PRODUCT

IV

LOCATION WHERE

MARKET PRICE IS

APPLICABLE

V

BASE MARKET PRICE AS OF $76.00/

(EXCLUDES ALL TAXES)

(SEE NOTE(S) BELOW)

0001-0002 Bureau of Land Management Crude Helium Price

Helium Operator Information Crude Helium Price

United States $76.00 per Mcf (In-Kind Helium) for BLM Product CLINs for FY 2015

0003-0004 Bureau of Land Management Crude Helium Price

Helium Operator Information Crude Helium Price

United States $76.00 per Mcf (In-Kind Helium) for BLM Product CLINs for FY 2015

0005-0006 Bureau of Land Management Crude Helium Price

Helium Operator Information Crude Helium Price

United States $106.00 per Mcf (Conservation Helium) for NON-BLM Product CLINs for FY 2015

Note 1: The Contracting Officer shall complete the percentage as required in 16.203-4(a)(2)(XX)

Note 2: The Contracting Officer shall complete the table after coordinating with the DLA Energy (formerly DESC) Market Research Division.

Note 3: method(s), and time period(s) for calculating the market price(s), as exemplified below:

For Platts Oilgram: "NOTE: The East/Gulf Coast adjusting market price will be firm for weekly periods and is defined as the average of the applicable daily Platts spot assessment quotations effective for the prior week. The simple average of the daily average highs and lows of the prices effective Monday through Friday (excluding any days prices that are not published) shall be the adjusting market price effective for the following Tuesday through Monday."

For Oil Price Information Service: "NOTE: The Rocky Mountain adjusting market price will be firm for weekly periods and is defined as the Oil Price Information Service Publication applicable weekly quotations effective for the prior week. The simple average of the highs and lows of the prices effective the prior week shall be the adjusting market price effective for Tuesday through Monday."

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (OCT 2014) DFARS

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (JUN 2012) DFARS

252.225-7021 TRADE AGREEMENTS (NOV 2014) DFARS

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE

HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) DFARS

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR

PAGE 17 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) DFARS

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.232-9010 ACCELERATED PAYMENTS TO SMALL BUSINESS (APR 2014) DLAD

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (MAR 1998) DFARS

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to cer tify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official’s Name) (Title)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN

2013) DFARS

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

52.246-9081 CERTIFICATE OF CONFORMANCE (DLA ENERGY) (NOV 2011) DLAD

52.247-29 F.O.B. ORIGIN (FEB 2006) FAR

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA (APR 2014) DFARS

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014), ALT I (APR 2014) DFARS

252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS (JUN 2012) DFARS

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD

52.247-9056 ADDENDUM TO FAR 52.247-29 FREE ON BOARD (F.O.B.) ORIGIN (SEP 2012) DLAD

The offeror/contractor shall identify the location of origin below.

[ ] Same as Offeror (the Offeror shall fill in the city and state):

[ ] Other (the Offeror shall fill-in the city and state):

City

State

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ .

(End of Clause)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUL 2013) (FAR)

Attachments

PAGE 18 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

http://www.dla.mil/Acquisition http://farsite.hill.af.mil/

List of Attachments

Description File Name ATTACH.DLA Energy Aerospace Provisions for Solicitation SPE601- 15-R-0316

1_DLA Energy Aerospace Provisions for Solicitation SPE601

ATTACH.DLA Weekly Trailer Inventory Report for Solicitation SPE601- 15-R-0316

2014 DLA Weekly Trailer

ATTACH.Contractor Performance Data Sheet

CONTRACTOR

PERFORMANCE D

ATTACH.DD Form 626 for SPE601-15-R-0316

DD 626 OCT 2011.pdf

ATTACH.Small Business SUbcontracting Plan

DLA Form 2019 FEB 2013 f

ATTACH.Estimated Requirement by Helium Type, Grade, Customer Location, Fiscal Year for Solicitation SPE601-15- R-0316

Estimated Requirement By

ATTACH.Performance Specification Propellant Pressurizing Agent, Helium

MIL-PRF-27407D dated Aug

ATTACH.SOO for CONUS Bulk He

SPE601-15-R-0316

SOO for CONUS Bulk He SP

ATTACH.Transport Equipment Delay Certificate

TRANSPORT

EQUIPMENT DELA

Part 12 Provisions

52.212-03 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (MAR 2015) FAR

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquistion.gov If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation” as used in this section, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

PAGE 19 OF 28 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology” –

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people or Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned –

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at https://www.acquistion.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications— Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to…