MODIFICATION
91 -- Liquid Helium
- Notice Date
- 12/24/2002
- Notice Type
- Modification
- Contracting Office
- Defense Logistics Agency, Logistics Operations, Defense Energy Support Center - Missile Fuels, Building 1621-K 2261 Hughes Avenue, Suite 128, Lackland AFB, TX, 78236-9828
- ZIP Code
- 78236-9828
- Solicitation Number
- SP0600-03-R-0306
- Response Due
- 1/13/2003
- Archive Date
- 1/28/2003
- Point of Contact
- Sylvia Urias, Senior Contract Specialist, Phone 210 925-2127, Fax 210 925-9758,
- E-Mail Address
-
surias@desc.dla.mil
- Description
- This is a continuation of the previous notice providing provisions and clauses not included due to limited character capacity. The Statement of Objectives (SOO), Reps and Certs for Commercial items and pertinent specifications will be posted in this same manner. B40 ATTACHMENTS AND LIST OF ADDENDA -- COMMERCIAL ITEMS (MISSILE FUELS) (DESC SEP 2002) (a) FAR 52.212-3, FAR 52.212-5, and DFARS 252.212-7001 are incorporated herein. (b) LIST OF ADDENDA. (1) ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS. SECTION C -- DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK SECTION D -- PACKAGING AND MARKING SECTION E -- INSPECTION AND ACCEPTANCE SECTION F -- DELIVERY AND PERFORMANCE SECTION G -- CONTRACT ADMINISTRATION DATA SECTION H -- SPECIAL CONTRACT REQUIREMENTS SECTION I -- CONTRACT CLAUSES (WITH THE EXCEPTION OF FAR 52.212-5 AND DFARS 252.212-7001) SECTION J -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS (2) ADDENDUM TO FAR 52.212-1. SECTION L -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS. (3) ADDENDUM TO FAR 52.212-2. SECTION M -- EVALUATION OF OFFERORS -- COMMERCIAL ITEMS. (DESC 52.212-9F01) C1.01 SPECIFICATIONS (DESC APR 1984) Product(s) to be supplied shall fully meet the requirements of the applicable specification(s). Products Specifications ALL MIL-PRF-27407B,dtd 25 Aug 1997 ALL Specification 7-51792 dtd 30 April 1987 ALL Statement of Objectives (SOO) (DESC 52.246-9FU1) C1.02 DODISS SPECIFICATIONS (DESC OCT 2000) Unless otherwise specified, the issues of Federal and Military specifications, standards, and related standardization documents and those non-Government standards adopted for Department of Defense use, which are cited in this solicitation/contract, are those listed in the most recent Department of Defense Index of Specifications and Standards (DODISS) and any applicable supplement. The basic DODISS is issued on July 1st every year; supplementals thereto are issued every other month thereafter, those dates being September 1st, November 1st, January 1st, March 1st, and May 1st.(DESC 52.246-9FT1) C16.65-3 PROPELLANT PRESSURIZING AGENT, HELIUM, TYPE II, LIQUID (MISSILE FUELS) (DESC NOV 2002) (a) Specification MIL-PRF-27407B, dated August 25, 1997, Propellant Pressurizing Agent, Helium, Type II, Liquid, applies. (b) REPORTS. A certificate of helium assurance shall accompany each shipment of product. The certificate shall indicate the method used to assure the product is helium in accordance with 4.5 of the specification. Also, within three days after each shipment, one copy of the certificate shall be faxed to the attention of DESC-BP/BQ at (210) 925-8048 or mailed to the following address: ATTN: DESC-BP/BQ BUILDING 1621-K 2261 HUGHES AVENUE, SUITE 128 LACKLAND AFB TX 78236-9828 (DESC 52.246-9FLP) D10 PACKAGING REQUIREMENTS (MISSILE FUELS) (DESC NOV 2002) (a) The Contractor shall be responsible for ensuring hazardous materials are 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-HDBK 774, Department of Defense Handbook, Palletized Unit Loads (for guidance only). (b) Contractor commercial packaging (ASTM D 3951) shall also be in compliance with the requirements listed.(DESC 52.223-9F17) E1.15 CONTRACTOR INSPECTION RESPONSIBILITIES (PROPELLANTS, CRYOGENICS AND GASES) (MISSILE FUELS) (DESC SEP 2002) (a) QUALITY CONTROL PLAN. (1) The Contractor shall provide and maintain an inspection system and a written description (Quality Control Plan (QCP)) acceptable to the Government. The Contractor has the option to provide and maintain an inspection system that, as a minimum, incorporates the requirements of: Q91 (ISO9001) Quality Systems - Model for Quality Assurance in Design/Development, Production Installation, and Servicing, or Q92 (ISO9002) Quality Systems - Model for Quality Assurance in Production and Installation. If the Contractor chooses to comply with Q91 or Q92 quality system format, all the specific Quality Assurance Provisions of this contract must be included in the Q91, Q92 written quality plan. The QCP shall be established and reviewed for adequacy by the Quality Representative (QR) prior to commencement of production or services. The copy of the QCP provided to the QR shall be in English. 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. It will be updated anytime that changes are made to the inspection system or as identified by quality problems. The Contractor must sign and date each revision to the QCP and require subcontractors to sign and date each revision to the subcontractor's QCP. (2) The Contractor shall require subcontractors (unless otherwise instructed by the Government) to provide and maintain inspection systems and QCPs that are acceptable to the Government. (3) The QCP shall include an identification of key operational positions, a schematic diagram of plant facilities pertinent to the inspection system indicating all inspection points, and a description covering the following operations relating to the supplies to be furnished under the contract: (i) SAMPLING. Procedures for sampling. Procedures include location of sample taken, frequency, quantity, minimum tests required on sample, and sample retention procedures. (ii) TESTING. Types of tests and test methods/procedures to be performed on samples taken from each location identified in (i) above, and may be incorporated by test method reference in the QCP, if complete reference is available at the place of performance. (iii) CALIBRATION. Program for testing and measuring equipment in accordance with ISO 10012-1, ?Quality Assurance Requirements for Measuring Equipment, Part 1?, or equivalent local regulation, as appropriate. A program for meters and scales used for determining quantity complying with local regulation or the applicable manufacturer's recommended calibration method, or methods outlined in the applicable industry publication, shall be used if acceptable to the Government; (iv) STORAGE AND HANDLING. Procedures for quality determination and maintenance of physical equipment necessary to ensure product integrity. Includes a description of storage and handling equipment including tanks, lines, valves, and manifolds used and identification of any other process/system used in maintaining product integrity during storage and handling; (v) LOADING AND SHIPPING, GENERAL. Procedures for product movement and related quality/quantity checks from shipping tank(s) to custody transfer point in order to maintain product integrity. Provide description of transfer system from shipping tank to transfer point in order to maintain product integrity. (vi) RECORDS AND REPORTS. To include at a minimum, test reports on product, calibration documents, and the DD Forms 250. These records and reports will include by whom, where, and how prepared, and retention information. (vii) CORRECTIVE ACTION. Actions to be followed to effect correction of any deficiency affecting product quality or quantity determination, such as handling of off-specification product (waivers, conveyance rejections, etc.). The corrective action procedures shall include notification of the QR. (4) The QCP shall identify one individual to serve as a point of contact for quality/quantity matters relating to the inspection system described in the plan. (5) The Contractor is responsible for all inspection systems, QCPs, and product quality and quantity. (6) The Government QR will be available to review and discuss the Contractor's proposed QCP; however, the Contractor shall remain responsible for developing and describing acceptable quality control procedures. (b) The Contractor shall perform all inspection tests required by the item description of the supplies to be furnished under this contract or shall have such tests performed in a laboratory acceptable to 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. (c) The Contractor shall keep all quality and quantity records, including DD Form 250 documents, complete and available to the Government during the performance of this contract and for three years after final payment under this contract. (d) Immediately following award of this contract, the Contractor shall notify the QR of the source or sources of the supplies to be furnished under any item calling for delivery f.o.b. destination. The Contractor shall also notify the QR of any chances in source in sufficient time to permit inspection by the Government. (e) The inspection system and related operations provided or performed pursuant to this clause shall be subject to surveillance by the QR. (f) Prior to shipping containers/conveyances filled under this contract, the Contractor shall perform quality conformance testing in accordance with the applicable specification/item description cited in this contract. The container/conveyance shall not be shipped prior to conducting all tests and confirming that the product fully meets the limits established in the chemical and physical properties table of the item description. The Contractor shall notify the assigned QR in sufficient time to permit inspection by the Government.(DESC 52.246-9FE2) E2.01 POINTS OF INSPECTION AND ACCEPTANCE (DESC NOV 2002) (a) F.o.b. origin deliveries will be inspected and accepted at origin. (b) F.o.b. destination deliveries will be inspected at origin and accepted at destination. (DESC 52.246-9FP1) E3 FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) E5 FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE (AUG 1996) E5.03 FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) E12 POINT OF ACCEPTANCE (DESC MAY 1969) On f.o.b. origin deliveries, acceptance of the supplies furnished hereunder will take place at origin, notwithstanding that inspection by the Government may take place elsewhere prior to acceptance. On f.o.b. destination deliveries, acceptance of the supplies furnished hereunder will take place at destination, notwithstanding that inspection by the Government may take place elsewhere prior to acceptance. (DESC 52.246-9FQ1) E22.01 QUALITY REPRESENTATIVE (DESC JUL 1999) The Quality Office assigned inspection responsibility under this contract is E35 NONCONFORMING SUPPLIES AND SERVICES (DESC APR 2001) (a) It is the policy of the Government that supplies or services that do not conform in all respects to the contract requirements should be rejected. However, there may be circumstances when acceptance of such nonconforming supplies or services is in the interest of the Government. No deviation will be granted unless specifically approved by the Contracting Officer or duly authorized representative. (b) The following procedures apply to requests for specification waivers. (1) Requests for deviations and waivers shall be submitted by the Contractor to the Contracting Officer with a copy to the Quality Representative (QR). Each request shall provide the following information: Contractor name; contract number; contract line item and product, if applicable; clause 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 equitable price adjustment offered over the administrative fee. In extraordinary situations, the Contractor may initially submit the request for a deviation or waiver through the cognizant QAR to the Contracting Officer or the Contracting Officer's Representative (COR) in the Directorate of Quality Assurance and Technical Operations, Defense Energy Support Center (DESC). Extraordinary situation requests shall be submitted formally to the Contracting Officer prior to close of business of the next DESC normal workday. As used in this clause, the term ?extraordinary situation? means the matter cannot await resolution until the DESC normal workday (0800 to 1630 hours), Monday through Friday - Federal holidays excluded. In addition, if either the Contracting Officer or the COR cannot be reached, the Duty Officer shall be contacted and provided the necessary information to forward to the proper individuals as soon as possible. The Duty Officer's telephone number is (800) 286-7633, (703) 767-8420, or (DSN) 427-8420. (2) If the waiver is granted, the contract will be modified to provide an equitable price reduction or other adequate consideration commensurate with the waiver being granted. If the situation dictates, a waiver may be granted without prior agreement on price adjustment or other consideration subject to agreement by the Contractor, or its representative, to subsequent negotiation. Such agreement shall be documented on the receiving 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 paragraph (d), Disputes, of the CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS clause of this contract. (3) If the waiver is granted and the nonconforming supplies are accepted, then in no event will consideration be less than $250 to cover administrative costs, plus any additional cost of Government inspection or tests if reinspection or retest is necessary. (4) If the waiver is granted modifying this contract but the supplies accepted are nevertheless 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 waiver. If, however, this consideration exceeds $500, a second contract modification shall be issued reducing the Contractor's obligation to $500 (the administrative cost of issuing the two required modifications). (c) 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 or INSPECTION AND ACCEPTANCE OF SUPPLIES clause, then in no event will consideration be less than $250 to cover administrative costs. This $250 fee is in addition to? (1) Consideration commensurate with the extent of nonconforming supplies; and (2) Cost of Government inspection or tests if reinspection or retest is necessary. The administrative fee will apply to each claim letter issued for off-specification product delivered to an activity. (d) 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 DESC contract. (e) Repeated tender of nonconforming supplies or services, including those with only minor defects, will be discouraged by appropriate action such as rejecting the supplies or services whenever feasible and documenting the Contractor's performance records. (DESC 52.246-9FQ5) F1.36 DETERMINATION OF QUANTITY (PROPELLANTS, CRYOGENICS AND GASES) (MISSILE FUELS)(DESC SEP 2002) (a) QUANTITY. The quantity of supplies furnished under this contract shall be determined according to one of the following methods: (1) Calibrated flow meter; or (2) Weight using calibrated scales. The Government has the right to have a representative present to witness the measurement of quantity. (b) MEASUREMENT STANDARDS. Weight scales used in determining net shipping volumes shall be certified as calibrated within 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 by 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. The net quantity shipped shall be reported in Block 17 on the DD Form 250. (DESC 52.211-9FB6) F3.04 TRANSPORTATION OF HAZARDOUS MATERIALS (MISSILE FUELS) (DESC NOV 2002) 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). (DESC 52.247-9FJ6) F7 DELAY OF CARRIER EQUIPMENT (DETENTION) (MISSILE FUELS) (DESC OCT 2002) 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. (DESC 52.247-9FP7) F18 FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) F105 FAR 52.211-16 VARIATION IN QUANTITY (APR 1984) G3.01 PAYMENT DUE DATE (DESC OCT 1988) When payment due date falls on a Saturday or Sunday, or on a United States Official Federal holiday, payment will be due and payable on the following workday. (DESC 52.232-9F45) I1.03-1 FAR 52.212-4 (and addenda, if applicable), Contract Terms and Conditions-Commercial Items (Dec 2001); I1.04 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items (Dec 2001); I1.05 DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders applicable to Defense Acquisitions of Commercial Items (Nov 2001) DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate (Sep 1999); DFARS 252.225-7001, Buy American Act and Balance of Payments Program (Mar 1998); DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Government (Dec 1991); DFARS 252.225-7036, Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payment Program (Mar 1998); I1.07 DFARS 252.204-7004, Required Central Contractor Registration (Nov 2001) (http://www.ccr2000.com); I1.20-1 Clauses and Provisions incorporated by Reference (DESC Nov 1999) The full text of any clause can be found at: FAR/DFARS: http://farsite.hill.af.mil ; http://www-far.npr.gov; and DLAD: http://www.procregs.hq.dla.mil/icps.htm. DESC clauses and provisions are contained in full text in this document. DFARS 252.225-7035, Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payments Program Certificate (Mar 1998); DFARS 252.225-7003, Information for Duty-Free Entry Evaluation (MAR 1998); FAR 52.211-14, Notice of Priority Rating for National Defense Use (Sep 1990) FAR 52.211-9002, Priority Rating for National Defense Use (Mar 2000) I190.06 Material Safety Data Sheets ? Commercial Items (DESC MAR 2000) (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. (DESC 52.223-9F06) I198 DARS 252-243-7001 Pricing of Contract Modifications (Dec 1991) When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR Part 31 and DFARS Part 231, in effect on the date of this contract, apply. (DFARS 252.243-7001) I1.07 DFARS 252.204-7004, Required Central Contractor Registration (Nov 2001) (http://www.ccr2000.com); I1.05 DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders applicable to Defense Acquisitions of Commercial Items (Nov 2001) DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate (Sep 1999); DFARS 252.225-7001, Buy American Act and Balance of Payments Program (Mar 1998); DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Government (Dec 1991); DFARS 252.225-7036, Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payment Program (Mar 1998); FAR 52.208-8 Required Sources for Helium and Helium Usage Data. K1.01-10 DFARS 252-209-7001 Offeror Representations and Certifications ? Commercial Items 9ALTS I/III) (Apr 2001/Oct 2000/Oct 2000) L1.02 Proposal Acceptance Period (DESC Nov 1991) L2.05 FAR 52.212-1 (and addenda, if applicable), Instructions to Offerors-Commercial Items (Oct 2000); L5.01-1 Agency Protests (Sep 1999) DLAD L74 FAR 52.216-1Type of Contract Apr 1984) L203 Handcarried Offers and Express Delivery Service (DESC Jan 1998) M2.11 FAR 52.212-2, Evaluation-Commercial Items (Jan 1999); M10 Evaluation ? All or None (DESC Mar 2000) 52.216-2 Economic Price Adjustment-Standard Supplies. (Jan 1997) The Government reserves the right to make awards without negotiations. Therefore, offerors are advised to submit their best prices with their initial offers. Correspondence should be mailed to: Sylvia Urias, Contracting Officer, DESC-MK, Bldg 1621-K, 2261 Hughes Ave, Ste 128, Lackland AFB, TX 78236-9828. Contact Sylvia Urias at 210-925-2127 for information regarding this solicitation.
- Place of Performance
- Address: Conus
- Record
- SN00229803-W 20021226/021224213019 (fbodaily.com)
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