SPE601-19-R-0312.pdf

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PDF (DLA)DLA FORM 1889, OCT 2011

SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)

SHEET 1 OF 2PREVIOUS EDITION IS USABLE Add Continuation Page

Print Form Email Form Clear Export Data Import Data About Check for Newer Version Contact Us

REV DESCRIPTION DATE APPROVED

0 DLA ENERGY QAP E6 AUG 2015 4 AUG 2015

REVISIONS

ENERGY QAP E6 CERTIFICATE OF CONFORMANCE. For use when the conditions of FAR 46.504 apply. As INT-E6: MFRs dated 9 Jan 04, 13 Apr 06, 06 Jul 09. As DLAD 52.246-9081: MFR dated 20 Apr

10. As Energy QAP E6: DLA FORM 1889 dated 4 Aug 15.

ENERGY QAP E6 (JUL 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:_____________________________________________________

DISTRIBUTION

STATEMENT - A

APPROVED FOR

PUBLIC RELEASE

DISTRIBUTION IS

"UNLIMITED"

DATE

08/26/2015

APPROVED BY

DATEREVIEWED BY

DATEPREPARED BY

DRAWING NUMBERSCALE

CODE ID NO.

52838

SIZE

NSN

MULTIPLE

ITEM

DLA ENERGY QAP E6

DLA Land & Maritime DLA Troop Support DLA Aviation clear

DEFENSE LOGISTICS AGENCY ENERGY

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR, VIRGINIA 22060-6222

DLA Energy

SHEET 2 OF 2PREVIOUS EDITION IS USABLE Add Continuation Page

0 DLA ENERGY QAP E6 AUG 2015 4 AUG 2015

Signature: ___________________________________________________________

Title: _______________________________________________________________

DISTRIBUTION STATEMENT - A

APPROVED FOR PUBLIC RELEASE

DISTRIBUTION IS "UNLIMITED"

SUPPLEMENTAL QUALITY ASSURANCE PROVISION

(SQAP)

DRAWING NUMBERSCALE CODE ID NO.

PDF (DLA)

DLA FORM 1889, OCT 2011

SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)

SHEET OF

PREVIOUS EDITION IS USABLE

REV

DESCRIPTION

DATE

APPROVED

REVISIONS

REV

DESCRIPTION

DATE

APPROVED

REVISIONS

DISTRIBUTION STATEMENT - A

APPROVED FOR PUBLIC RELEASE

DISTRIBUTION IS "UNLIMITED"

SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)

Supplemental Quality Assurance Provision (SQAP)

DSCC Form 2291, Feb 2004 online none standard

Quality Assurance

DLA

1 +

No

Tech Qual Deskbook n/a

No

Supplemental Quality Assurance Provision (SQAP) interactive

October 2011 (added Energy; updated supply center names)

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SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)

SHEET OF

PREVIOUS EDITION IS USABLE

REV

DESCRIPTION

DATE

APPROVED

REVISIONS

DESCRIPTION

DATE

APPROVED

REVISIONS

DISTRIBUTION STATEMENT - A

APPROVED FOR PUBLIC RELEASE

DISTRIBUTION IS "UNLIMITED"

SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)

Supplemental Quality Assurance Provision (SQAP)

DSCC Form 2291, Feb 2004 online none standard

Quality Assurance

DLA

1 +

No

Tech Qual Deskbook n/a

No

Supplemental Quality Assurance Provision (SQAP) interactive

October 2011 (added Energy; updated supply center names)

CurrentPage:

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rev: 1 description: DLA ENERGY QAP E22 revdate: APR 2016 revapproved: 4 APR 2016 revcomments:

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prepdateA: 2016-04-04 prepbyA:

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line1: DEFENSE LOGISTICS AGENCY ENERGY line2: 8725 JOHN J. KINGMAN ROAD line3: FORT BELVOIR, VIRGINIA 22060-6222 revcomments2:

totInstances: 3.00000000

ATTACHMENT 8

CONTRACTOR PERFORMANCE DATA SHEET

Please submit the requested information for government and non-government contracts or subcontracts held (not to exceed five (5) years since completion) for contracts that are similar to the requirements of this solicitation. Those contracts and/or subcontracts submitted may include those still in progress, however they should have a minimum of one year’s performance history.

Please mark this box if you have not performed under contracts that are similar in nature to the solicitation requirements.

REFERENCES:

COMPANY NAME

POINT OF

CONTACT PHONE NUMBER FAX NUMBER

PRODUCT

SUPPLIED QUANTITY

METHOD OF

DELIVERY

PLACE OF

PERFORMANCE

PERIOD OF

PERFORMANCE

SUBCONTRACTING

PLAN

(YES OR NO)

E3310 JVIANUFACTURING AND FILLING POINTS AEROSPACE ENERGY 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 NAME COMPLETE ADDRESS AND TELEPHONE NUMBER OF MANUFACTURING POINTFILLING POINT PRODUCT b Suppliers that list primary and alternate manufacturingfilling 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 manufacturingfilling point c For fob 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 transpo1iation costs the Contractor agrees to reimburse the Government for those increased costs: Liquid Nitrogen, Type II, Grade C, IAW MIL-PRF 27401G dated 7 Aug 2013 f.o.b. destination Northrop Grumman Azusa, CA

TRANSPORT EQUIPMENT DELAY CERTIFICATE

1. CONSIGNOR 2. CONSIGNEE 3. PRODUCT

4. CARRIER 5. TRAILER NUMBER 6. DATE SHIPPED

7. FREIGHT BILL NUMBER 8. CBL NUMBER 9. SEAL NUMBER

10. LOADING/UNLOADING INFORMATION

DATE RECEIVED TIME DATE RECEIVED TIME

A. ARRIVED D. FINISH

B. ACCEPTED FOR

LOADING/UNLOADING E. UNIT RELEASED

C. START F. TOTAL HOUR HELD

11. REASON FOR DELAY (Make a complete statement adequately describing each segment of delay, amount of time on each delay, and whether delay was the responsibility of carrier or consignee/consignor)

12. DETENTION CERTIFICATION STATEMENT : I certify that the above information is true and correct to the best of my knowledge.

SIGNATURE AND TITLE OF CONSIGNEE SIGNATURE AND TITLE OF SHIPPER SIGNATURE OF DRIVER

13. NOTE TO CARRIER: A copy of "TRANSPORT EQUIPMENT DELAY CERTIFICATE" must accompany each detention invoice to provide documentation for invoice certification and payment.

FORM H-14

Attachment 9

Sheet1

SHEET 1 OF 2PREVIOUS EDITION IS USABLE Add Continuation Page

ENERGY QAP E35 December 2011

E35 NONCONFORMING SUPPLIES AND SERVICES

(a) DEFINITION: As used in this contract provision:

Deviation is defined as a written authorization granted after contract award and prior to manufacture of an item, to depart from a particular performance or design requirement of a contract, specification, or referenced document, for a specific number of units or specific period of time, normally the duration of the contract.

Extraordinary situation means the matter cannot await resolution until the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded).

Waiver is defined as a written authorization granted after contract award to accept a configuration item or other designated item which, during production or after having been submitted for inspection, is found to depart from specified requirements, but nevertheless is considered suitable for use “as is” or after repair by an approved method. Approval is on a case-by-case basis and is normally for a set period of time.

(b) The Government may, at its discretion, accept nonconforming supplies or services. In such cases, the Contractor must obtain a deviation or waiver from the Contracting Officer prior to acceptance.

(c) The following procedures shall be used to request a deviation or waiver.

(1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the appropriate Inspection Office referenced in the LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS or QUALITY REPRESENTATIVE contract provision of this contract. Each request shall provide the following information: Contractor name; name and contact information of the contractor's authorized negotiator; contract number; contract line item number and product nomenclature, clause or contract provision number, paragraph and subparagraph, as appropriate; the nature of the request; the reason for the request; the corrective action being taken by the Contractor to correct and prevent recurrence of the condition(s) causing the nonconformance; and an agreement to pay an equitable price reduction, estimated and proposed by DLA Energy, over and above the administrative fee, contingent on the impact of the specific circumstances on DLA Energy relative to approval of the deviation or waiver.

(2) In extraordinary situations, the Contractor may initially submit a verbal request for a waiver, but not a deviation, to the Contracting Officer.

Written requests shall be submitted to the Contracting Officer by the next DLA Energy business day (0800 to 1630 hours EST, Monday through Friday, Federal Holidays excluded). If the Contracting Officer cannot be reached, the Duty Officer shall be contacted to provide the necessary information to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633 or (703) 767-8420.

(3) If a deviation or waiver is granted, the contract will be modified to accept the nonconforming supplies or services and to require the Contractor to provide an equitable price reduction or other adequate consideration commensurate with the deviation or waiver being granted. If the situation warrants, a deviation or waiver may be granted without prior agreement on price reduction or other consideration, subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such an agreement, in addition to a brief description of the terms of the deviation or waiver, shall be documented on the shipping document or other appropriate correspondence. After negotiations, failure to agree on adequate consideration shall be a dispute concerning a question of fact within the meaning of the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS contract provision of this contract.

(4) If a deviation or waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $500, which covers administrative costs, plus any additional cost of Government reinspection or retest, if necessary.

5) If a deviation or waiver is granted modifying this contract, but the supplies accepted are subsequently determined to be in conformity with contract specifications, the Contractor shall still be obligated to pay the consideration originally agreed upon in support of the deviation or waiver.

If, however, this consideration exceeds $1000, a second contract modification shall be issued reducing the Contractor's obligation to $1000 (the administrative cost of issuing the two required modifications), plus, if appropriate, any cost of Government reinspection or retest performed as a result of the deviation or waiver being granted.

04/18/2014

DATEREVIEWED BY

04/14/2014

PREPARED BY

ENERGY QAP E35

8725 JOHN J. KINGMAN RD

SHEET 2 OF 2PREVIOUS EDITION IS USABLE Add Continuation Page

ENERGY QAP E35 December 2011

(d) When notification of nonconforming supplies is received after the supplies have been accepted, and the Government determines not to exercise its right to reject or to require correction under the INSPECTION OF SUPPLIES - FIXED-PRICE, INSPECTION OF SERVICES - FIXED PRICE, or CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS contract provision, then in no event will consideration be less than $500 to cover administrative costs. This $500 fee is in addition to --

(1) Consideration commensurate with the extent of nonconforming supplies; and

(2) Cost of Government reinspection or retest, if necessary.

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

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

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

SUPPLEMENTAL QUALITY ASSURANCE PROVISION

(SQAP)

DRAWING NUMBERSCALE CODE ID NO.

SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)

SHEET OF

PREVIOUS EDITION IS USABLE

REV

DESCRIPTION

DATE

APPROVED

REVISIONS

DESCRIPTION

DATE

APPROVED

REVISIONS

DISTRIBUTION STATEMENT - A

APPROVED FOR PUBLIC RELEASE

DISTRIBUTION IS "UNLIMITED"

SUPPLEMENTAL QUALITY ASSURANCE PROVISION (SQAP)

Supplemental Quality Assurance Provision (SQAP)

DSCC Form 2291, Feb 2004 online none standard

Quality Assurance

DLA

1 +

No

Tech Qual Deskbook n/a

No

Supplemental Quality Assurance Provision (SQAP) interactive

October 2011 (added Energy; updated supply center names)

CurrentPage:

PageCount:

btnPrint:

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description: ENERGY QAP E35 revdate: December 2011 revapproved:

revcomments:

apprdate: 04/18/2014 apprBy:

reviewdate:

revBy:

prepdateA: 2014-04-14 prepbyA:

drawingNum:

scale:

codeIDNo: 52838 size:

nsn: MULTIPLE itemdesc: ENERGY QAP E35 btnDSCC:

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line1: DEFENSE LOGISTICS AGENCY ENERGY line2: 8725 JOHN J. KINGMAN RD line3: FORT BELVOIR, VIRGINIA 22060-6222 revcomments2:

totInstances: 1.00000000

SPE601-19-R-0312 AEROSPACE CONTRACT TEXT

PART I – THE SCHEUDLE

SECTION B- SUPPLIES/SERVICES

B-0001 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 contract text 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 text.

(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 text

(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 text, as contained in the solicitation and any resultant contract.

(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, 0002, 0003, 0004, and 0005.

(7) [ ] 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 to CLIN(s) ________________________________________.

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

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

SECTION C – DESCRIPTION/SPECIFICATIONS

C-0001 C1.02 ASSIST DATABASE OF SPECIFICATIONS (DEC 2016) (AEROSPACE ENERGY) Quality Assurance Provisions (QAPs) See Attachment 2

SECTION D – PACKING AND MARKING

D-0001 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.

D-0002 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 F – DELIVERIES AND PERFORMANCE

F-0001 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 performed by the

(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 performed by the

(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 performed by the

(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.

F-0002 F1.37 DETERMINATION OF QUANTITY FOR AVIATOR’S BREATHING OXYGEN AND LIQUID NITROGEN

(AEROSPACE ENERGY) (DLA ENERGY MAY 2007)

(a) CONUS QUANTITY DETERMINATIONS. The quantity of supplies furnished to CONUS locations under this contract shall be determined at the receiving activity on the basis of a Contractor-furnished (truck/trailer mounted) calibrated flow meter.

(b) OCONUS QUANTITY DETERMINATIONS. The quantity of supplies furnished to OCONUS locations under this contract shall be determined at the receiving activity on the basis of a Contractor-furnished (truck/trailer mounted) calibrated flow meter or weight using calibrated weight scales.

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

(d) MEASUREMENT STANDARDS. All flow meters and weight scales 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 or scale manufacturer or every 12 months, whichever is more frequent. The net quantity shipped shall be reported in whole gallons on the DD Form 250 or commercial equivalent, whichever is applicable.

(e) CONVERSION FACTORS. When meters or weight scales are used to measure in units other than gallons, a conversion to gallons will be calculated using the below conversion factors:

(1) For Aviator’s Breathing Oxygen.

To convert from -- Divide by --

Standard cubic feet* 115.1 Normal cubic meters* 3.025 Liters (as liquid) 3.785 Pounds 9.527 Kilograms 4.321

(2) For Liquid Nitrogen.

To convert from -- Divide by --

Standard cubic feet* 93.11 Normal cubic meters* 2.447 Liters (as liquid) 3.785 Pounds 6.746 Kilograms 3.060

*Standard cubic foot gas measured at 1 atmosphere and 70 oF. Normal cubic meter gas measured at 1 atmosphere and 0Oc

F-0003 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).

F-0004 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.

F-0005 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.

F-0006 F7 DELAY OF CARRIER EQUIPMENT (DETENTION) (AEROSPACE ENERGY) (DLA ENERGY APR 2006) Detention charges at the Contractor’s facility for delay of the carrier’s equipment in excess of the carrier’s tariff/tender allowable free time is to be documented on the carrier’s Transport Equipment Delay Certificate. Both the carrier driver and the Contractor must sign the certificate. Documentation shall include the time and date the carrier driver arrived, the time and date the carrier driver departed, and the reason(s) for the delay. Documentation shall be provided to the carrier driver prior to his departure from the facility.

SECTION G – CONTRACT ADMINISTRATION DATA

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLASUES

I-0001 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.

I-0002 I190.06 MATERIAL SAFETY DATA SHEETS -- COMMERCIAL ITEMS (DLA ENERGY APR2006)

(a) The Contractor agrees to submit to the Contracting Officer, upon request, a Material Safety Data Sheet (MSDS) that meets the requirements of 29 CFR 1910.1200(g) and the latest revision of Federal Standard No. 313 for all requested contract items. MSDSs must cite the contract number, the applicable CAGE code of the manufacturer, and, where so identified, the National Stock Number (NSN).

(b) The data on the MSDSs must be current and complete, reflecting the final composition of the product supplied.

Should the description/composition of the product change in any manner from a previously submitted MSDS, the Contractor shall promptly provide a new MSDS to the Contracting Officer.

I-0003 I209.09 EXTENSION PROVISIONS (DLA ENERGY JAN 2012)

(a) The Government shall have the right to extend this contract on the same terms and conditions one or more times for a total of no more than six months. Notice of contract extension will be furnished to the Contractor not later than 30 days prior to expiration of the contract ordering period or any extension thereof. Nothing in this contract provision precludes the Contractor from agreeing to an extension of the contract if the DLA Energy Contracting Officer fails to issue the notice prior to 30 days before the end of the ordering period.

(b) Extension of this contract shall be considered to have been accomplished at the time the DLA Energy Contracting Officer provides written notification to the Contractor.

PART IV—REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K-0001 K1.01-7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS

(CONT’D) (DLA ENERGY FEB 2009)

SMALL BUSINESS CONCERN REPRESENTATION - OFFEROR’S MANUFACTURING SOURCE.

(a) The representation in (c) below concerning the offeror’s manufacturing source applies to Small Business

Set-Aside (SBSA) line items, Small Disadvantaged Business Price Evaluation Adjustment (SDB PEA) line items, and HUBZone Small Business (HSB) line items only.

(1) To be eligible for either the SBSA or SDB PEA, the representation in (c)(1) below must state that all end items will be manufactured or produced by a small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) To be eligible for the HSB preference, the representation in (c)(2) below must state that all end items will be manufactured or produced by a HUBZone small business concern in the United States, its territories and possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(b) Failure to complete (c) below and failure to submit same with the offer may render the offer ineligible for award in these programs.

(c) (1) SBSA/SDB PEA REPRESENTATION. The small business concern represents as part of its offer that-- [ ] all

[ ] not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) HSB REPRESENTATIONS. The small business concern represents as part of its offer that— [ ] all

[ ] not all end items to be furnished will be manufactured or produced by a HUBZone small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

K-0002 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009)

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

K-0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

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

NAME TITLE PHONE NUMBER E-MAIL ADDRESS

K-0004 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION (DLA ENERGY MAY 2014)

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

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

(2) The vendor will submit via fax (Fuels EDM FAX Line: 614-701-2638 or DSN 791-2638/ Toll Free 855-234-

5592) a manual invoice to the payment office, SL4701, which identifies the invoice as an adjustment with an invoice number that is a derivation of the original invoice number that was submitted and paid. (For example, if the original invoice number was 12345, then adjustment invoice number shall be 12345ADJ).

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

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

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

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

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

mailto:DFAS-CO_LC@DFAS.MIL mailto:DFAS-CO_LC@DFAS.MIL

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991)

(a) Acceptance period, as used in this contract text, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of proposals.

(b) This contract text supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of 90 calendar days.

(d) If the Offeror specifies an acceptance period which is less than that required by the Government, such offer may be rejected.

(e) The Offeror agrees to execute all that it has undertaken to do, in compliance with its offer, if such offer is acceptable to the Government and is accepted within the acceptance period stated in (c) above or within any extension thereof that has been agreed to by the Offeror.

L-0002 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010)

(a) Offerors may submit proposals via e-mail. E-mail proposals are subject to the same rules as paper proposals.

(b) E-mail receiving data and compatibility characteristics are as follows:

(1) E-mail address: DLA-EMKContracts@dla.mil; willard.ramseur@dla.mil; jason.johnson@dla.mil.

(2) The DLA Energy accepts attachments in—

(i) Adobe Acrobat;

(ii) Microsoft Excel;

(iii) Microsoft Word; and

(iv) Microsoft PowerPoint.

(c) Initial proposals, modifications and proposal revisions submitted via e-mail must contain Offeror's signature included in the attachment to the e-mail communication.

(d) Attachments that are not in .pdf file format must be sent password protected for “read only” to ensure the integrity of the data submitted.

(e) Proposals submitted electronically through a single e-mail must be no more than 10 MB. DLA Energy’s mail server will reject messages larger than 10 MB.

(f) The DLA Energy e-mail filter will scan the incoming e-mail and attachments for viruses and key words. Abbreviations for terms such as “Analysts” or using “3Xs” as placeholders in a document are found in the filter’s adult content library and may result in the e-mail delivery being delayed. Offerors are encouraged to verify receipt of e-mail offers by contacting the Contracting Officer prior to the solicitation closing time.

(g) If any portion of an e-mail proposal received by the Contracting Officer is unreadable, the Contracting Officer will immediately notify the Offeror and permit the Offeror to resubmit the proposal. The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the Offeror and the resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the Offeror complied with the e-mail submissions instructions provided in this paragraph and with the time and format requirements for resubmission prescribed by the Contracting Officer.

(h) The Government reserves the right to make award solely on the e-mail proposal. However, if requested to do so by the Contracting Officer, the apparently successful Offeror promptly shall submit the complete signed original proposal.

L-0003 L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012) mailto:;%20jason.johnson@dla.mil.

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

(b) PRICE PROPOSAL.

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

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

[ x ] (i) Product with no Monthly Facility Fee (MFF). The offeror shall include all fixed, variable and incremental costs to produce and prepare product for Government inspection and acceptance. Include all transportation and shipping costs to deliver the product to the specified customer location if the product CLIN is designation as f.o.b. destination. For this solicitation, the applicable CLINs are ALL PRODUCT CLINs 0001, 0002, 0003, 0004 and 0005.

[ x ] (ii) Product with an MFF CLIN. The offeror shall include only the variable and incremental costs to produce and prepare the product for Government inspection and acceptance in the product CLIN. All fixed costs associated with the facility shall be included in the MFF, to include storage and distribution of Government-owned product, if required by the Statement of Objectives (SOO). For this solicitation, the applicable CLINs are 0011, and 0012.

[ x ] (iii) Services CLIN(s), such as maintenance and repair of containers. The offeror shall include all variable and fixed costs associated with the service, as described in the SOO, unless otherwise noted herein that those costs should be included in another CLIN: For this solicitation, the applicable Services CLINS are 0006, 0007, 0008, 0009 and 0010.

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

[ ] (v) Contractor-Provided Tank(s) CLIN(s). The offeror shall include in each applicable CLIN all fixed and variable costs associated with leasing of a tank or multiple tanks to the Government under the contract. Separate CLINS have been established for the costs associated with the leasing of the tank(s) as compared to the costs associated with the tank(s) installation and removal. Where the incumbent is offering the same number and size of tanks previously provided under the previous contract, the incumbent need not propose a price for tank(s) installation. However, the incumbent shall propose a price for tank(s) removal. For this solicitation, the applicable CLINs are N/A.

[ ] (vi) Contractor provided equipment CLIN(s). Where the SOO requires specific contractor-provided equipment for which a separate CLIN has been established for reimbursement under the resultant contract, the offeror shall include all fixed and variable costs associated with providing such equipment, to include but not limited to delivery, installation, calibration, maintenance and repair throughout the contract term, and removal at the expiration of the contract. For this solicitation, the applicable CLINS are

[ ] (vii) Expedited/Emergency Delivery CLIN(s). Where the Schedule has a CLIN for Expedited and/or Emergency delivery, as defined in the SOO, the offeror shall include all costs associated with such delivery on a per shipment basis. This encompasses additional labor and transportation costs anticipated to be incurred over and above normal delivery costs. Any product ordered with an Expedited and/or Emergency delivery shall be paid at the unit price of the applicable product CLIN. For this solicitation, the applicable CLINS are N/A.

[ ] (viii) Hot Fill CLIN(s). If the solicitation includes a “Hot Fill” CLIN, the offeror shall propose a per Hot Fill Unit Price. Examples of costs that should be included in the offeror’s per Hot Fill Unit Price but not limited to these, are additional support personnel required to accomplish the Hot Fill or additional time required at the delivery location in support of the Hot Fill. The per Hot Fill Unit Price shall not include the cost of the product consumed during the Hot Fill since the Contractor will be paid for the amount of product consumed under the applicable product CLIN. For this solicitation, the applicable CLINs are N/A.

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

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

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

[ ] (xii) Exceptions to the above. _________________________________________________________.

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

(c) TECHNICAL PROPOSAL.

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

(2) TECHNICAL CAPABILITY. The offeror shall provide a technical proposal by completing the required fill-in data only if the applicable box is checked. The offeror may submit continuation sheets with this fill-in contract text to provide additional technical narrative, however, the complete technical proposal, exclusive of any résumés, drawings, or blueprints, shall not exceed 12 pages.

The proposal will be evaluated strictly on technical merit and should describe and justify the offeror's technical approach to the requirements of the work to be performed and/or delivery of product under the contract. The technical proposal should be specific and provide concise, straight-forward descriptions of the offeror's capability to perform the requirements of the contract. Proposals that are unrealistic in terms of the description of the offeror’s technical capability may be considered indicative of a lack of understanding of the solicitation’s requirements. :

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

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

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

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

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

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

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