SPE60115R03220004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

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

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SPE60115R0322

X

2015 JUL 31

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

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

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

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

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

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

(a) By completing Items 8 and 15, and returning

DLA ENERGY AEROSPACE ENRGY-DLAE-M

BLDG 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO TX 78226

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

Opening/Closing Date Changed to:

2015 JUL 31 / 2016 FEB 19

TIME 3:00 PM

See Attached Continuation Sheet(s).

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

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

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

CONTINUED ON NEXT PAGE

IMPORTANT NOTICES TO OFFERORS

Amendment 0004 is issued to re-open solicitation SPE601-15-R-0322.

1. The new closing date is 19 February 2016, at 1500 CST.

2. The solicitation has been reduced by 2 years. The period of performance is now from 1 April 2016 through 31 March 2019. CLINs 0004, 0005, 0013, 0014, 0023 and 0024 have been removed from the solicitation.

3. The Attached Aerospace Clauses Amendment 0004.pdf reflects the same changes as above.

5. EMAIL proposals resulting from this solicitation and amendments to: david.white@dla.mil and cc:

patricia.bocock@dla.mil.

PAGE 2 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE60115R0322-0004

SUPPLIES/SERVICES: 6830-01-526-5180

ITEM DESCRIPTION:

Item 0001: LIQUID CARBON DIOXIDE, CO2 f.o.b. destination Anniston Army Depot, AL Grade H, IAW Compressed Gas Association, Specification CGA-G-6.2-2011 Contract Year One: 1 Apr 16 through 31 Mar 17

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

0001 6830-01-526-5180 28,000.000 LB $ ________________ $ ________________

CARBON DIOXIDE

,LIQU

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 10% MINUS 10%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2017 MAR 31

PREP FOR DELIVERY:

ITEM DESCRIPTION:

Item 0002: LIQUID CARBON DIOXIDE, CO2 f.o.b. destination Anniston Army Depot, AL

Contract Year Two: 1 Apr 17 through 31 Mar 18

0002 6830-01-526-5180 28,000.000 LB $ ________________ $ ________________

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: DESTINATION

PAGE 3 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 6830-01-526-5180 CONT'D

FOB: DESTINATION DELIVERY DATE: 2018 MAR 31

PREP FOR DELIVERY:

ITEM DESCRIPTION:

Item 0003: LIQUID CARBON DIOXIDE, CO2 f.o.b. destination Anniston Army Depot, AL

Contract Year Three: 1 Apr 18 through 31 Mar 19

0003 6830-01-526-5180 28,000.000 LB $ ________________ $ ________________

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2019 MAR 31

PREP FOR DELIVERY:

GOVT USE

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

0001 0059492611 0001 N/A N/A CO2 N/A

0002 0059492611 0002 N/A N/A CO2 N/A

0003 0059492611 0003 N/A N/A CO2 N/A

SUPPLIES/SERVICES: V001-V20000229

PAGE 4 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: V001-V20000229 CONT'D

Item 0006: SERVICES, EMERGENCY DELIVERY IAW SOO Paragraph titled "Product Delivery" In support of Liquid CO2 to Anniston Army Depot, AL

0006 V001-V20000229 1.000 EA $ ________________ $ ________________

Expedited/Emergenc y Delivery

PERIOD OF PERFORMANCE: 04/01/2016 - 03/31/2019

ITEM PR PRLI PR PRLI Material Need Ship Date .

0006 0059492611 0006 N/A N/A N/A N/A

SUPPLIES/SERVICES: V129-V20000226

Item 0007: SERVICES, DETENTION COST IAW F3.10 Transport Truck and/or Truck and Trailer Free Time and Detention Rates (f.o.b. destination) In support of Liquid CO2 to Anniston Army Depot, AL

0007 V129-V20000226 1.000 QH $ ________________ $ ________________

Detention Fee

See Attached Statement of Work.

PAGE 5 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: V129-V20000226 CONT'D

ITEM PR PRLI PR PRLI Material Need Ship Date .

0007 0059492611 0007 N/A N/A N/A N/A

SUPPLIES/SERVICES: N052-V20000230

Item 0008: SERVICES, TANK OVER-PRESSURE PROTECTION IAW SOO Paragraph titled "Tank Over-Pressure Protection"

0008 N052-V20000230 2.000 EA $ ________________ $ ________________

Tank Overpressure Protection

ITEM PR PRLI PR PRLI Material Need Ship Date .

0008 0059492611 0008 N/A N/A N/A N/A

SUPPLIES/SERVICES: M1NA-V20000227

PAGE 6 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: M1NA-V20000227 CONT'D

Item 0009: SERVICES, HOT FILLS

IAW SOO Paragraph titled "HOT FILLS" For services over and above the cost for product consumed during the cool-down of a tank.

0009 M1NA-V20000227 1.000 EA $ ________________ $ ________________

Tank Hot Fill

ITEM PR PRLI PR PRLI Material Need Ship Date .

0009 0059492611 0009 N/A N/A N/A N/A

SUPPLIES/SERVICES: 6830-01-526-5180

Item 0010: LIQUID CARBON DIOXIDE, CO2 f.o.b. destination Robins AFB, GA

0010 6830-01-526-5180 4,000,000.000 LB $ ________________ $ ________________

PAGE 7 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2017 MAR 31

PREP FOR DELIVERY:

ITEM DESCRIPTION:

Item 0011: LIQUID CARBON DIOXIDE, CO2 f.o.b. destination Robins AFB, GA

0011 6830-01-526-5180 4,100,000.000 LB $ ________________ $ ________________

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2018 MAR 31

PREP FOR DELIVERY:

ITEM DESCRIPTION:

Item 0012: LIQUID CARBON DIOXIDE, CO2 f.o.b. destination Robins AFB, GA

PAGE 8 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

0012 6830-01-526-5180 4,200,000.000 LB $ ________________ $ ________________

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2019 MAR 31

ITEM PR PRLI PR PRLI Material Need Ship Date .

0010 0059492611 0010 N/A N/A CO2 N/A

0011 0059492611 0011 N/A N/A CO2 N/A

0012 0059492611 0012 N/A N/A CO2 N/A

SUPPLIES/SERVICES: V129-V20000226

Item 0015: SERVICES, DETENTION COST

IAW F3.10 Transport Truck and/or Truck and Trailer Free Time and Detention Rates (f.o.b. destination) In support of Liquid CO2 to Robins AFB, GA

PAGE 9 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: V129-V20000226 CONT'D

0015 V129-V20000226 1.000 QH $ ________________ $ ________________

Detention Fee

ITEM PR PRLI PR PRLI Material Need Ship Date .

0015 0059492611 0015 N/A N/A N/A N/A

SUPPLIES/SERVICES: N052-V20000230

Item 0016: SERVICES, TANK OVER-PRESSURE PROTECTION IAW SOO Paragraph titled "Tank Over-Pressure Protection" In support of Liquid CO2 to Robins AFB, GA

0016 N052-V20000230 2.000 EA $ ________________ $ ________________

Tank Overpressure Protection

PERIOD OF PERFORMANCE: 04/01/2016 - 03/31/2018

PAGE 10 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: M1NA-V20000227 CONT'D

ITEM PR PRLI PR PRLI Material Need Ship Date .

0016 0059492611 0016 N/A N/A N/A N/A

SUPPLIES/SERVICES: M1NA-V20000227

Item 0017: SERVICES, HOT FILLS

IAW SOO Paragraph titled "HOT FILLS" For services over and above the cost for product consumed during the cool-down of a tank.

0017 M1NA-V20000227 1.000 EA $ ________________ $ ________________

Tank Hot Fill

ITEM PR PRLI PR PRLI Material Need Ship Date .

0017 0059492611 0017 N/A N/A N/A N/A

SUPPLIES/SERVICES: N068-V20000262

Item 0018: SERVICES, INSTALLATION OF TELEMETRY SYSTEM IAW SOO PARAGRAPH TITLED "INSTALLATION, MAINTENANCE AND REMOVAL OF CONTRACTOR-PROVIDED TELEMETRY

EQUIPMENT"

PAGE 11 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: N068-V20000262 CONT'D

0018 N068-V20000262 2.000 EA $ ________________ $ ________________

Installation/Remov al of Equipment

SUPPLIES/SERVICES: N068-V20000262

Item 0019: SERVICES, REMOVAL OF TELEMETRY SYSTEM IAW SOO PARAGRAPH TITLED "INSTALLATION, MAINTENANCE AND REMOVAL OF CONTRACTOR-PROVIDED TELEMETRY EQUIPMENT"

0019 N068-V20000262 2.000 EA $ ________________ $ ________________

Installation/Remov al of Equipment

PAGE 12 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: W091-V20000265 CONT'D

ITEM PR PRLI PR PRLI Material Need Ship Date .

0018 0059492611 0018 N/A N/A N/A N/A 0019 0059492611 0019 N/A N/A N/A N/A

SUPPLIES/SERVICES: W091-V20000265

Item 0020: RECURRING SERVICES, TELEMETRY SYSTEM LEASE FOR 2 CO2 TANKS AT ROBINS AFB, GA

0020 W091-V20000265 12.000 MO $ ________________ $ ________________

Equipment Lease

PERIOD OF PERFORMANCE: 04/01/2016 - 03/31/2017

Item 0021: RECURRING SERVICES, TELEMETRY SYSTEM LEASE FOR 2 CO2 TANKS AT ROBINS AFB, GA

0021 W091-V20000265 12.000 MO $ ________________ $ ________________

PAGE 13 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: W091-V20000265 CONT'D

PERIOD OF PERFORMANCE: 04/01/2017 - 03/31/2018

Item 0022: RECURRING SERVICES, TELEMETRY SYSTEM LEASE FOR 2 CO2 TANKS AT ROBINS AFB, GA

0022 W091-V20000265 12.000 MO $ ________________ $ ________________

PERIOD OF PERFORMANCE: 04/01/2018 - 03/31/2019

ITEM PR PRLI PR PRLI Material Need Ship Date .

0020 0059492611 0020 N/A N/A N/A N/A 0021 0059492611 0021 N/A N/A N/A N/A 0022 0059492611 0022 N/A N/A N/A N/A

PAGE 14 OF 15 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Attachments

List of Attachments

Description File Name ATTACH.Aerospace Energy Amendment

Aerospace Clauses Amendment 0004.pdf

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

B0001 B1.09-2 SUPPLIES TO BE FURNISHED (INDEFINITE QUANTITY) (AEROSPACE ENERGY) (DLA ENERGY

JAN 2012)

(a) This is an indefinite quantity contract for the purchase of supplies (and/or services, if applicable) to be furnished during the contract term. The delivery points, methods of delivery, and estimated quantities are specified in the Schedule as contract line item numbers (CLINs). The quantities shown are best estimates of required Government quantities only. Unless otherwise specified, the total quantity ordered and required to be delivered/loaded may be greater than or less than such quantities as allowed by the VARIATION IN

QUANTITY clause.

(b) The following provisions apply ONLY if the applicable box is checked:

(1) [ X ] This is a REQUIREMENTS-TYPE contract. The Government agrees to order from the contractor and the

Contractor shall deliver, if orders are placed by the DLA Energy Contracting Officer during the contract period, all items awarded under this contract, as allowed by the REQUIREMENTS clause. A Blanket Delivery Order is considered “an order”, for the purposes of this contract provision.

(2) [ ] This is an INDEFINITE DELIVERY/INDEFINITE QUANTITY contract. The Government agrees to order from the Contractor and the Contractor shall deliver, if orders are placed by the Contracting Officer during the contract period, at least the quantity of supplies or services designated in the Schedule as the “minimum”, as allowed by the

INDEFINITE QUANTITY clause. A Blanket Delivery Order is considered “an order”, for the purposes of this contract provision

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

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

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

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

(6) [ X ] Items of this contract call for f.o.b. destination delivery, unless the item specifies otherwise. The destination for each item is the point of delivery shown in the particular item. Inspection for quality will be at origin with final acceptance at destination. Applicable to CLIN(s) 0001-0003 and 0010-0012.

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

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

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

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

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

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

C0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DLA ENERGY MAY 2014)

Unless otherwise specified, current versions of defense or federal specifications and standards, military handbooks, commercial item descriptions, qualified product lists, and other related technical documents cited in this solicitation/contract can be accessed from the

Department of Defense (DoD) Acquisition Streamlining and Standardization Information System (ASSIST) database at https://assist.dla.mil under ASSIST-Quick Search or http://quicksearch.dla.mil. ASSIST is the official source for all Defense

Standardization Program documents and contains the most current information on documents prepared by DoD, as well as information on how to acquire referenced non-Government standards that have been adopted for DoD use. Those who register for an ASSIST account may establish profiles to receive automatic E-mail alerts when changes are planned or made to documents of interest by selecting criteria on the [Alert Portal Profile Maintenance] screens accessed from the [User Profile] menu. Users may also view or download a bi-monthly summary of changes to the ASSIST database under the [ASSIST Update] menu.

SECTION D – PACKING AND MARKING

D0001 D10 PACKAGING REQUIREMENTS (AEROSPACE ENERGY) (DLA ENERGY MAR 2009)

(a) The Contractor shall be responsible for ensuring the hazardous materials shipment is in full compliance with all applicable packaging/packing, marking, labeling, placarding, blocking and bracing, and palletizing and shipping certifications in force and effect on the date of the shipment in accordance with the following applicable rules and regulations for the individual hazard, ultimate destination, and mode of transportation:

(1) Title 49 of the Code of Federal Regulations (49 CFR) -- Packaging.

(2) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(3) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(4) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of Dangerous Goods by Air.

(5) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

(6) MIL-STD 129, Standard Practice for Military Marking (for military destinations).

(7) MIL-STD-147, Department of Defense Standard Practice, Palletized Unit Loads.

(8) ASME MH 1.8, Wood Pallets.

(b) Contractor commercial packaging (ASTM D 3951) shall also be in compliance with the requirements listed.

D0002 D15 CONTRACTOR SEAL REQUIREMENT (AEROSPACE ENERGY) (DLA ENERGY OCT 2006)

(a) The Contractor shall place tamper indicating devices (TIDs) such as a seal or cap on the shipping container(s) immediately after filling and sampling. The TIDs shall be placed on the containers in such a manner that pilferage or tampering of the product could only be accomplished by breaking or otherwise destroying the TID. This may require the application of several TIDs on each shipment container.

(b) Where possible, the TID shall be printed with a serial number. The container number and TID number(s) shall be recorded on the certificate of analysis and on the shipping documents. Monthly equipment inventory reports provided to DLA Energy by the Contractor shall include container numbers as well as corresponding TID numbers.

(c) TIDs shall not be removed from a container unless authorized by DLA Energy. If a TID is broken or no longer intact, the

Contractor shall contact the Contracting Officer for further instructions. If the Contractor is instructed to place a new TID on the container, the new TID number (if applicable) shall be noted, along with the container number, as stated in paragraph (b) above.

SECTION E – INSPECTION AND ACCEPTANCE

E0001 E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (AEROSPACE ENERGY) (DLA ENERGY SEP 2013)

(a) QUALITY CONTROL PLAN.

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

(QCP)) of that system, acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of ISO9001, Quality Management Systems. If the Contractor chooses to comply with the

ISO9001 quality system requirements and format, all the specific Quality Assurance Provisions of this contract must be included in the resulting ISO9001 document that will serve as the QCP. A copy of the QCP, in English, shall be presented to the Government Quality

Assurance Representative (QAR) for their review and acceptance prior to commencement of production or services. An acceptable QCP is required prior to Government inspection and acceptance of supplies or services. The QCP shall be reviewed and updated when deemed necessary by the Contractor or the Government, to include changes necessary to prevent the recurrence of quality problems. The

Contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the QAR for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the QAR.

(2) The QCP shall include--

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

(ii) Sampling procedures.

(iii) Sample testing methods/procedures;

(iv) Analytical and measuring equipment calibration program;

(v) Loading/shipping procedures;

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

(vii) Corrective action procedures.

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

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

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

Government at the time of acceptance.

E0002 E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY JULY 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 2001 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 110/1202 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).

(c) INSPECTION OFFICES AND CODES.

110. DLA Energy Americas East 3

ATTN: Quality Manager

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 3

3171 N Gaffey Street

San Pedro, CA 90731-1099

Phone: (310) 241-2806/2807

FAX: (310) 241-2836

200. DLA Energy Europe 3

Mailing Address:

DLA Energy Petroleum Lab

CMR 422

APO AE 09067-0422

[Location: Kaiserslautern, Germany]

Phone: 49-631-3406-2285/2286 4

FAX: 49-631-3406-2289 4

Shipping Address:

DLA Energy Petroleum Lab

Bldg. 320 Rhine Ordinance Barracks

Am Opelkreisel

67663 Kaiserslautern, Germany

300. DLA Energy Pacific 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 3

PSC 851, Box 180

FPO AP 09834-2800

Phone: 973-17-85-4658/4665 4

FAX: 973-17-85-4670 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.

E0003 E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY) (DLA ENERGY

JUL 2008)

(a) Provide the name, complete addresses and telephone number of the manufacturing and filling points for each product to be furnished, and identify the filling points as primary or secondary. Applicable to CLINs: 0001- 0005 and 0010-0014.

NAME, COMPLETE ADDRESS

AND TELEPHONE NUMBER OF

PRODUCT MANUFACTURING POINT/FILLING POINT

CLINs: 0001- 0003

LIQUID CARBON DIOXIDE, CO2

Anniston Army Depot, AL

Grade H, IAW Compressed Gas Association, Specification CGA-G-6.2-2011

CLINs: 0010-0012

LIQUID CARBON DIOXIDE, CO2

Robins AFB, GA

Grade H, IAW Compressed Gas Association, Specification CGA-G-6.2-2011

(b) Suppliers that list primary and alternate manufacturing/filling points for supporting the same requirement shall provide a 30 calendar day notice to the Government prior to offering an initial shipment from an alternate manufacturing/filling point.

(c) For f.o.b. origin shipments, the contract price shall not be adjusted if a Contractor uses a different fill location other than the primary fill point during contract performance. However, if the use of the alternate fill point results in increased costs to the Government, such as transportation costs, the Contractor agrees to reimburse the Government for those increased costs.

E0004 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 re-inspection 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 re-inspection 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 re-inspection 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.

E-0005 ENERGY QAP E6 (AUG 2015) CERTIFICATE OF CONFORMANCE

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

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

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

(c) When WAWF use is not required by contract or WAWF processing in unavailable, the Contractor's signed certificate shall be attached to or included on the first page of the Material Inspection and Receiving Report

(DD Form 250) or other authorized document, that is distributed to the payment office (Block 12 of the DD Form

250). A copy shall also be sent with the shipment and to the CAO (Block 10 of the DD Form 250); however, the

CAO copy shall only be sent if specifically requested by the Contracting Officer.

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

(e) The certificate shall read as follows:

"I certify that on ______________ [insert date], the ______________________________________ [insert

Contractor's name] furnished the supplies or services called for by Contract No. ______________________ via

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

Date of Execution:_____________________________________________________

Signature: ___________________________________________________________

Title: _______________________________________________________________

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 2 OF 2 PAGES

SPE60115R0322-0002

SECTION F – DELIVERIES AND PERFORMANCE

F0001 F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS AND GASES) (AEROSPACE

ENERGY) (DLA ENERGY APR 2006)

(a) QUANTITY. The quantity of supplies furnished under this contract shall be determined according to one of the following methods:

(1) DELIVERIES INTO OR BY PIPELINE.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's terminal or plant, the quantity shall be determined by a calibrated flow meter.

(B) The Government retains the right to have a representative witness quantity measurements performed by the Contractor.

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity determinations will be made at the receiving activity on the basis of a calibrated flow meter.

(B) The Contractor has the right to have a representative witness quantity measurements performed by the Government.

(C) If the Government does not opt to perform quantity determinations at the destination (see schedule), the Contractor shall determine quantity on the basis of a calibrated flow meter.

(D) The Government retains the right to have a representative witness quantity measurements

(2) DELIVERIES BY OTHER THAN PIPELINE.

(i) F.O.B. ORIGIN.

(A) On items requiring delivery at the Contractor's terminal or plant, the quantity shall be determined (at the Contractor's option) on the basis of--

(a) Calibrated flow meter.

(b) Weight using calibrated scales.

(c) Pressure Temperature Fill Charts/Calculations (for gaseous cylinders and tube trailers).

(B) The Government retains the right to have a representative witness quantity measurements

(ii) F.O.B. DESTINATION.

(A) At the Government’s option, quantity determinations will be made at the receiving activity on the basis of—

(B) The Contractor has the right to have a representative witness quantity measurements performed by the Government.

(C) If the Government does not opt to perform quantity determinations at the destination (see

Schedule), the Contractor shall determine quantity on the basis of--

(D) The Government retains the right to have a representative witness quantity measurements

(b) MEASUREMENT STANDARDS. Weight scales used in determining net shipping volumes shall be certified as calibrated within the frequency required by local regulation. If no local regulation exists, the frequency of calibration shall be conducted in accordance with weight scale manufacturer recommendation or every six months, whichever is more frequent. All flow meters used in determining product volume shall be calibrated within the frequency required by local regulation (foreign or domestic). If no local regulation exists, then the frequency of calibration shall be that recommended by the meter manufacturer or every six months, whichever is more frequent. Pressure gauges and thermometers used to calculate fill quantities for gaseous cylinders and tube trailers shall be calibrated at least every six months. The net quantity shipped shall be reported on the DD Form 250 or commercial equivalent, whichever is applicable.

F0002 F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (AEROSPACE ENERGY) (DLA ENERGY APR 2006)

The Contractor shall be responsible for ensuring the transportation of hazardous materials is in full compliance with all applicable rules and regulations below that are in force and effect on the date of the shipment for the individual hazard, ultimate destination, and mode of transportation:

(a) Title 49 of the Code of Federal Regulations (49 CFR) -- Transportation.

(b) DLAI 4145.3, Preparing Hazardous Materials for Military Air Shipments.

(c) International Air Transport Association (IATA) -- Dangerous Goods Regulations.

(d) International Civil Aviation Organization (ICAO) -- Technical Instructions for the Safe Transportation of Dangerous Goods by Air.

(e) International Maritime Organization (IMO) -- International Maritime Dangerous Goods (IMDG) Code (for overseas shipments by vessel).

F0003 F3.10 TRANSPORT TRUCK AND/OR TRUCK AND TRAILER FREE TIME AND DETENTION RATES (F.O.B.

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

(a) The Contractor shall be paid for detention beyond free time for delays caused by the Government. Free time will commence at the time the Contractor’s transport truck or truck and trailer arrives at the delivery destination (receiving tank identified in the contract) and will end when the carrier is released. For items involving multiple drops, time between drops will not be included in the free time. The attached Form H-14, Transport Equipment Delay Certificate, shall be completed to show the date and time the carrier arrived and departed and the reason(s) for the delays. This form must be signed by both the driver and unloading personnel. A signed copy of this form must be sent to--

ATTN: DLA ENERGY-MIC (INVOICE MONITOR)

1014 BILLY MITCHELL BLVD

SAN ANTONIO, TX 78226

(b) A minimum of two hours’ time is required by the Government. If Contractor free time is beyond two hours, indicate here:

(c) The rate for detention shall be comparable to regulated tariffs governing the local area of the receiving activity. The rate for detention shall be stated by quarter hour.

(d) The above will not be considered in the evaluation of offers for award, except that free time of less than two hours or detention rates not comparable to regulated tariffs may render an offer unacceptable/bid nonresponsive.

(e) Detention Costs: Invoices for detention costs will be forwarded directly to the address stated above.

F0004 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.

SECTION G – CONTRACT ADMINISTRATION DATA

G0001 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.

NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 29 CHARACTERS)

CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |

(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)

RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |

CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | |

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)

OR

(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.

NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |

TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |

TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |

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.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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.

I0003 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR…