80KSC019D0023

The Contractor shall comply with the following publications and those publications checked as applicable
below. These documents can be found at http://procurement.ksc.nasa.gov/PPD/documents :

KNPR 8715.2, Comprehensive Emergency Management Plan (CEMP)

KNPR 1600.1, KSC Security Procedural Requirements

KNPR 8500.1, KSC Environmental Management Requirements

KNPR 8715.3, KSC Safety Procedural Requirements

KNPD 1600.3, Use of Alcoholic Beverages on Kennedy Space Center (KSC) Property

Check if applicable:

[
[
[
[
[

JKNPD 1810.1
JKNPR 1860.1
IKNPR 1860.2
JKNPR 1820.3
JKNPR 1820.4

KSC Occupational Medicine Program

KSC Ionizing Radiation Protection Program
KSC Nonionizing Radiation Protection Program
KSC Hearing Loss Prevention Program

KSC Respiratory Protection Program

[X]KNPR 1840.19 KSC Industrial Hygiene Programs

45S WI40-201
JKNPR 1840.1
JKNPR 1870.1
JKNPR 2570.1
JKNPR 4000.1
JKNPR 6000.1
JKNPR 8715.7
JKNPR 8830.1

(End of Clause)

45th Space Wing Instruction 40-201 Radiation Protection Program

KSC Hazard Communication Program

KSC Sanitation and Public Health Program

KSC Radio Frequency Spectrum Management Procedural Requirements

Supply and Equipment System Manual

KSC Transportation Support System Manual

KSC Construction Contractor Safety and Health Practices Procedural Requirements
Facility Asset Management Procedural Requirements

under a NASA prime contract with Caltech.

(End of Clause)

[End of Section]


(b) Table of Contract Periods and Index Average Periods

80KSC019D0023

YEAR 1 YEAR 2 YEAR 3

YEAR 4

YEAR 5

Contract | Contract | Contract | Contract | Contract | Contract
Period 1 | Period 2 | Period 3 | Period 4 | Period 5 | Period 6

07/01/19} 01/01/20) 07/01/20) 01/01/21 |07/01/21|01/01/22
thru thru thru thru thru thru
12/31/19}06/30/20} 12/3 1/20 | 06/30/21 | 12/31/21 | 06/30/22

Contract | Contract
Period 7| Period 8

07/01/22|01/01/23
thru thru
12/31/22|06/30/23

Contract
Period 9

07/01/23
thru
12/31/23

Contract
Period
10
01/01/24
thru
06/30/24

Power
and Fuel
Index | 04/2019 | 10/2019 | 04/2020 | 10/2020 | 04/2021
Period | thru thru thru thru thru

per | 09/2019 | 03/2020 | 09/2020 | 03/2021 | 09/2021
Contract

Period

10/2021 | 04/2022
thru thru
03/2022 | 09/2022

10/2022
thru
03/2023

04/2023
thru
09/2023

(c) Ifan index is discontinued (incomplete data does not constitute discontinuation), then the
index shall be less detailed until a continued index is obtained. For example, if the power

index is discontinued the progression shall be as follows:

Industrial Electric Power Distribution East South Central (ID: PCU221122221122436).

GQ Select one or more Products @

2211222212243 Industrial electric power
221122221122431 New England
221122221122432 Middle Atlantic
221122221122433 East North Central
221122221122434 West North Central
22112222112. South Atlantic
12112222112.
221122221122437 West South Central
221122221122438 Mountain
221122221122439 Pacific

Industrial Electric Power Distribution (ID: PCU22112222112243).

EZ Select one or more Products @

221122291122426 East South Central
221122221122427 West South Central
221122221122428 Mountain
221122221122429 Pacific

2112243 Industrial electric power
New England

2 Middle Atiantic
221122221122433 East North Central
221122221122434 West North Central
221122221122435 South Atlantic

994122993193 South Content

Electric Power Distribution (ID: PCU221122221122).
Page 3 of 5



80KSC019D0023
ATTACHMENT 002 — STATEMENTS OF WORK

(k) KSC points of contact will be listed on delivery orders.

Statement of Work: Kennedy Space Center/Cape Canaveral Air Force Station (KSC/CCAFS), SLS LO2,
CLIN 028/029

(a) LO2 shall be delivered to MIL-PRF-25508H except the Purity and Impurity values listed in Table X
modified as follows:

a. Purity, minimum: 99.85%
b. Impurities, maximum: 1500 ppm

(b) Delivery: Due to the tight window required to fit in all deliveries the Government will coordinate
deliveries, which may be 24 hours a day, 7 days a week EST/EDT during the launch campaign.

{c) Clearance Procedures: All personnel entering KSC/CCAFS must be badged for access in
accordance with the Personnel Identity Verification (PIV) requirements referenced in
Attachment 001, Additional Terms and Conditions, Section L.3.

(d) Seals: KSC/CCAFS requires the tanker to be sealed to prevent tampering; however, a serialized
seal is not required.

(e) Quantification of Product Delivered: KSC/CCAFS will accept certified scale measurements from
the contractor source to determine quantity of product delivered.

(f) Notice for Delivery: Orders of five or more tankers will normally provide a minimum of 7 days’

notice. The Government will coordinate with the Contractor 30 days in advance of a planned SLS

launch.

KSC/CCAFS Responsibility during Delivery: KSC/CCAFS personnel must be present and operate

KSC/CCAFS equipment during the delivery of liquid oxygen.

Waves of Tankers: There are instances when the government requires multiple (two or more)

tanker trailers delivered at essentially the same time and then off-loaded simultaneously. A

group of tanker trailers scheduled for delivery at the same time is referred to as a “wave” of

tankers. In these instances, off-loading the wave of tankers simultaneously through a manifold
provides significant benefits to the government. Alternately, there are impacts to the
government when delivery times are staggered and waves are not achieved. When requested,
the Contractor shall simultaneously deliver the number of specified tankers for the wave to the
appropriate delivery location at the specified time.

(i) Receiving Storage: Current facility storage containers in use at KSC/CCAFS include those, which
are listed below. However, the Government reserves the right to add, withdraw, change, or
substitute receiving containers at any time during the life of the contract.

(g)

(h

| Location Building | Capacity | Required minimum Tanker Trailer | Comment
(Gallons) | tanker pressure for Off-loading
off-load (psi) Stations
KSC LC-39B | 900,000 32 5 99.85% Purity

(j) Supplier Equipment Requirements: Liquid oxygen tankers are required to have a minimum
pressure off-load capability of 32 psig. Pump off-loading is not permissible.


ATTACHMENT 4 - CAPABILITY FORM

1. DATE la SOLICITATION NUMBER 3. CONTRACT LINE ITEM, ia PROPELLANT
NUMBER
80KSCO19RO015
003, 004, 022 Oxygen
5. OFFEROR INFORMATION
5A. OFFEROR NAME 7 5B. OFFEROR ADDRESS -
Praxair, Inc. | Praxair, Inc.

| 10 Riverview Drive
| Danbury, CT 06810

5C. OFFEROR PRIMARY CONTACT (Name, Email, Phone) SD. OFFEROR ALTERNATE CONTACT (Name, Email, Phone)

Doreen Heal
(b) (4)
6. PRODUCTION FACILITY INFORMAITON

6A. PRIMARY PRODUCTION FACILITY (ADDRESS) |6B. PRODUCTION FACILITY CONTACT

Praxair, Inc. (b) (4)

(b) (4)

_ Poaenaee i ——

6C. MAXIMUM FIXED STORAGE (TONS) Joo. MAXIMUM DAILY PRODUCTION (TONS) _| 6E. MAXIMUM MONTHLY PRODUCTION

|(ToNs)

Z en ae a

7, DISTRIBUTION INFORMATION

7A. NUMBER OF TANKER TRAILERS |p. AVI
|cToNs)

E TANKER TRAILER CAPACITY —_|7C, AVERAGE NUMBER OF DRIVERS

8. ALTERNATE PRODUCTION FACILITY INFORMATION

a — — ae _
8A. ALTERNATE PRODUCTION FACILITY (ADDRESS) 8B, ALTERNATE PRODUCTION FACILITY CONTACT

Note 1: The offeror shall identify the primary production facility (i.e., manufacturing plant) that will produce and deliver liquid
nitrogen and oxygen to meet contract line item number requirements. This facility shall be used to complete blocks 6C-E. This
production facility shall be the shipping point used to determine any charges accrued due to the Government’s inability to accept
deliveries. The offeror may also identify any alternate facilities that could be used in performance of this contract. In addition, the
production facility point of contact(s) will be used to place requests for shipments against Government authorized delivery orders
(refer to Block 6B).

Note 2: Distribution assets listed under block 7 shall be available to meet maximum CLIN requirements and are not specific to
either the primary or alternate facility.


80KSC019D0023

(End of Clause)
E.9 HOT TANK FILL,

A hot tank is a storage container which no longer contains any, or very little, cryogen and has warmed to
ambient temperature. A hot tank fill procedure is necessary for safe chill-down. The additional costs for
the hot tank fill is in the form of labor and travel expenses to provide contractor expertise, when requested
by the government, to safely perform the hot tank fill. The hot tank fill charge shall be on a “per
occurrence” basis as specified in section B.4.

(End of Clause)

E.10 SHORT NOTICE CHANGES — FIVE OR MORE TANKERS AT ONE TIME

The Government acknowledges that requests for shipment of 5 tankers or more at one time require
extensive coordination by the contractor and that short notice cancellation of delivery or short notice
change of delivery results in additional costs to the contractor. Therefore, cancelling an order less than 24
hours prior to scheduled delivery or altering the schedule more than 12 hours with less than 24 hours’
notice shall incur a charge at the price per tanker specified in the B.4. This charge shall only be applicable
to orders of 5 tankers or more to be delivered at the same time and to the same location.

(End of clause)

E.12 FLASH REPORTS

The contractor shall provide the contracting officer, or his designated representative, with an immediate
verbal Flash Report of any accident or incident which may have an adverse impact on the contractor's
ability to deliver liquid cryogenic propellant to the Government, such as a plant outage (scheduled or
unscheduled), trailer malfunction, or of any other occurrence in which the Government could reasonably
be expected to have an interest by virtue of this contract. Such Flash Reports shall be confirmed in
writing (electronic submission), in appropriate detail. Except as otherwise provided in this contract, the
cost of data to be furnished in response to this contract is included in the price of this contract.

(End of Clause)

E.13 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.
ISO 9001 Fifth Edition 2015-09-15

(End of clause)

E.14 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS (OCT 2018)

Addendum to Paragraph (m) Termination for Cause. In addition to those requirements as stated in
paragraph (m), the following is added and shall apply to this contract.


80KSC019D0023

X31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X_(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.0. 13496).

(3)
X (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X_(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not
applicable to the acquisition of commercially available off-the-shelf items or certain other types of
commercial items as prescribed in 22.1803.)

G5)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA—Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-
shelf items.)

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

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
(Jun 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun2016) (E.O. 13693).

(38)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(39)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423

and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

22


80KSC019D0023

Select one or more Products @ Search

2212222112241 |
221122221122411 New England

221122221122412 Middle Atlantic
221122221122413 East North Central
221122221122414 West North Central
221122221122415 South Atlantic
221122221122416 East South Central
221122221122417 West South Central
221122221122418 Mountain _

|
|
|

Electric Power Transmission, Control, and Distribution (ID: PCU22112-22112).

Bo eoncenneny {sem | secon ere roses © seach

22111- Electric poner generation 7 e
221110 Eleric powes peneration 5

221121 Becrc buk power transmission and control
| 221122 eleanc power dstibution

Electric Power Generation, Transmission, and Distribution (ID: PCU2211--2211--).

ED Sect an incusty © search | setectone or more Products © seach
“21119 SupAM RUNES TARE HME (ERLE UCD) HMR]

221— unites
7 ae abate B

2211- Bectrc power generation :

221410 Blecsi power generation

22112- Gece power transmission, contro and dstrbution

221121 Electric bulk power transmission ard control

221210 Natural ons dstrution :
Utilities (ID: PCU221---221---).

Ep seiectan ineustey © | Seacen | setect one or mere Proaucts @ | seach

ee eee eee

rites
22111- Bectrc power generation

221110 Electric power generation

22112- Blectrc power transmission, control, and distnbution
221121 Electric buk powes transmission and control

221122 Eecne power destrbution

2212 Natural gas distribution

221210 Natural as distribution E|

If all less detailed indices have been discontinued, then the index shall be mutually agreed
upon by the Government and the contractor.

Page 4 of 5


80KSC019D0023

Note 7: First delivery under CLIN 019 not expected until contract year 2.
Note 7: Requirement is for up to 10 tankers at one time and up to 12 tankers (two waves of 6 tankers) in one day.

Note 9: Delta IV heavy CLIN support begins with the completion of the practice launch countdown (wet dress
rehearsal) milestone and ends upon launch. Delta IV heavy support requires 5 tankers at one time, followed by 5
tankers within approximately 3 hours of the first 5 tankers, followed by 4 tankers within the following 5 hours. An
example of Delta IV Heavy launch support for is below. Real time factors may change the launch support. Daily and
weekly maximums remain applicable.

Day I — Wave 1: 5 tankers delivered
Wave 2: 5 tankers delivered within 3 hours of wave 1
Wave 3: 4 tankers delivered within 5 hours of wave 2
Day 2~ Wave 1: 5 tankers delivered
Wave 2: 5 tankers delivered within 3 hours of wave 1
Wave 3: 4 tankers delivered within 5 hours of wave 2
Day 3 — OFF
Day 4— OFF
Day 5— Wave 1: 5 tankers delivered
Wave 2: 5 tankers delivered within 3 hours of wave 1
Wave 3: 4 tankers delivered within 5 hours of wave 2
Day 6— Wave 1: 5 tankers delivered
Wave 2: 5 tankers delivered within 3 hours of wave 1

Wave 3: 4 tankers delivered within 5 hours of wave 2

Note 10: Modified Grade A liquid oxygen (99.85% purity). Routine SLS (Space Launch System) support, CLIN
028, requires up to 5 tankers at one time, up to two waves of 5 tankers in one day, and up to two times per week.
SLS launch, CLIN 029, requires up to 5 tankers at one time, up to two waves of 5 tankers in one day, up to 3 times
per week. CLIN 029 is planned to be utilized following two SLS scrubbed launch attempts and following the SLS
wet dress rehearsal.

Note 11: Regarding liquid oxygen launch support to KSC/CCAFS under CLINs 025, 026, 027, 028, and 029. A
single contractor is not required to provide more than the highest single daily, weekly, or monthly tonnage required
no matter how many CLINs have been awarded to that contractor. For example, if contractor A is awarded CLINs
026 and 027, contractor A is not required to provide more than 322 tons a day, 1,288 tons a week, or 2,576 tons a
month. If contractor B is awarded CLINs 025, 028, and 029 then contractor B is not required to provide more than
276 tons a day. 1,104 tons a week, or 2.760 tons a month. Under this circumstance, the Government may request
shipment in the amount of 322 tons from contractor A and 276 tons from contractor B to be delivered on the same
day.

(End of Clause)


ATTACHMENT 002 — STATEMENTS OF WORK

80KSCO19D0023

55 N-75 13,000 89 35
77 N-19 9,000 175 23
125 N-90 3,000 250 40
125 N-13 900 250 40
150 N-21 3,000 250 75
301 N-61 56,000 50 35
302 N-57 1,500 250 150
402 N-67 6,000 250 120
Mobile N-26 3,600 40 38
Mobile N-27 3,600 40 35
Mobile N-28 3,600 42 38
Mobile N-157 3,500 25 22
3211 (ISP) V-101 (LO2) 12,000 250 200
Mobile 0-03 (LO2) 4,000 66 60 (RV setting)
Mobile 0-10 (LO2) 3,600 40 35 (RV setting)
SEC TVac N-80 (V-22-03)
28,000 150 -
SEC TVac N-92 (V-22-04(
28,000 165 -

(h) Fill Point Fittings: The fill point fittings are 1.5” CGA fittings (NI-150 and OX-150).
(i) GRC points of contact and specific fill instructions will be specified on delivery orders.
(j) Contractor shall return completed DD250 or equivalent forms within 20 business days.


80KSC019D0023

SECTION I - CONTRACT CLAUSES

1.1. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as

extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided
by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(4) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78
(19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct
1995) (4] U.S.C.4704 and 10 U.S.C.2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and
Reinvestment Act of 2009.)

X_(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.
L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

19


80KSC019D0023

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792).

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

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

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

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

()

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 201 5) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as

extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided
by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 1 15-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all

25


80KSC019D0023

(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(1)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)\(4\(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15
U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-
Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Dec2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.0.11755).
X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.0.13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28)
X (i) 52.222-26, Equal Opportunity (Sept 2016) (E.0.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

(29)
X (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(i) Alternate I (July 2014) of 52.222-35.

(30)
X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(ii) Alternate I (July 2014) of 52.222-36.

21


80KSCO19D0023
ATTACHMENT 002 — STATEMENTS OF WORK

Statement of Work: Kennedy Space Center/Cape Canaveral Air Force Station (KSC/CCAFS), LO2 Type II
Grade A, CLIN 024/025/027

(a)

(b)

(c)
(d)
(e)
(f)

(g)

(h}

(i)
i)

Delivery: Delivery and acceptance of product will normally be made Monday through Friday,
5:30 AM to 4:30 PM EST/EDT. Under unusual circumstances, the Contractor agrees to deliver
product 24 hours a day, 7 days a week, including holidays.

Clearance Procedures: All personnel entering KSC/CCAFS must be badged for access in
accordance with the Personnel Identity Verification (PIV) requirements referenced in
Attachment 001, Additional Terms and Conditions, Section L.3.

Seals: KSC/CCAFS requires the tanker to be sealed to prevent tampering; however, a serialized
seal is not required.

Quantification of Product Delivered: KSC/CCAFS will accept certified scale measurements from
the contractor source.

Notice for Delivery: KSC/CCAFS will provide a minimum of 3 days’ notice before delivery of
product. Orders of five or more tankers will normally provide a minimum of 7 days’ notice.
KSC/CCAFS Responsibility during Delivery: KSC/CCAFS personnel must be present and operate
KSC/CCAFS equipment during the delivery of liquid oxygen.

Waves of Tankers: There are instances when the government requires multiple (two or more)
tanker trailers delivered at the same time and then off-loaded simultaneously. A group of tanker
trailers scheduled for delivery at the same time is referred to as a “wave” of tankers. In these
instances, off-loading the wave of tankers simultaneously through a manifold provides
significant benefits to the government. Alternately, there are impacts to the government when
delivery times are staggered and waves are not achieved. When requested, the Contractor shall
deliver the number of specified tankers for the wave at the same time to the appropriate
delivery location at the specified time.

Receiving Storage: Current facility storage containers in use at KSC/CCAFS include those, which
are listed below. However, the Government reserves the right to add, withdraw, change, or
substitute receiving containers at any time during the life of the contract.

Location Building Capacity MAWP Tanker Trailer Off- | Comment
(Gallons) (psi) loading Stations
KSC K7-412 4,000 50 1 Mobile
Tankers
CCAFS SLC-37B 250,000 30 5 -
CCAFS SLC-41 465,000 200 6 -
CCAFS SLC-41 28,000 165 2 -

Supplier Equipment Requirements: Liquid oxygen tankers are required to have a minimum
pressure off-load capability of 40 psig. Pump off-loading is not permissible.

Fill Point Interfaces: KSC/CCAFS will provide the 3” flexible hose to transfer from contractor
tanker to receiving equipment.

Liquid Oxygen: 3” ACME Cryogenics, Female Nut, with 4.25-4 ACME threads at the end of the
facility flex hose, which shall connect to the Tanker Liquid Fill/Withdrawal Connection.

3


80KSC019D0023

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LABORATORY ANALYSIS

A laboratory analysis shall be performed at the loading point of the conveyance for each shipment made
under this contract. In the event laboratory facilities are not available to perform this analysis at the
loading point, the contractor shall make arrangements to have the analysis performed at a location
approved by the contracting officer. In any event, the analysis results shall be attached to the DD Form
250, or equivalent commercial document.

Note: The particulate test required by MIL-PRF-25508H and MIL-PRF-27401G, may be omitted
provided a 10 micron nominal, 40 micron absolute, filter is used between the tanker fill manifold and
each tanker.

Note: The in-line filtration noted in CGA G-10.1 2008 Edition, Section 6.10 is required, unless otherwise
specified in Attachment 002, Statements of Work.
(End of Clause)

H.2 DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM (DPAS)

A Defense Priorities and Allocations System (DPAS) rating will be included on specific delivery orders
required to comply with FAR 52.211-14 DPAS requirements.
(End of Clause)

H.3 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989)

(a) Of the total price of items see delivery order through see delivery order, the sum of $ see delivery
order is presently available for

payment and allotted to this contract. It is anticipated that from time to time additional funds will be
allocated to the contract in accordance with the following schedule, until the total price of said items is
allotted:

Date Amounts J

(b) The Contractor agrees to perform or have performed work on the items specified in

paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the
Termination for Convenience of the Government clause of this contract, the total amount payable

by the Government (including amounts payable for subcontracts and settlement costs) pursuant to
paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the

Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not
obligated to continue performance of the work beyond that point. The Government is not obligated the
contract, anything to the contrary in the Termination for Convenience of the Government clause
notwithstanding.

(c)(1) It is contemplated that funds presently allotted to this contract will cover the work to

be performed until see delivery order.

(2) If funds allotted are considered by the Contractor to be inadequate to cover the

work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the

16


80KSC019D0023

SECTION D- PACKAGING AND MARKING

D.1 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY
DATA. (JAN 1997) - ALTERNATE I (JUL 1995)

[End of Section]


SECTION J- LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

80KSC019D0023

31

Attachment Title Date Pages
001 Clauses and Provisions June 26, 2019 31
002 Statements of Work June 26, 2019 5
003 Economic Price June 26, 2019 5
Adjustment Clause
004 Capability Form : June 26, 2019 3



80KSC019D0023

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding
the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering
office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item
(or items) called for and the reasons. Upon receiving this notice, the Government may acquire the
supplies or services from another source.

(End of clause)

1.4 52.216-21 REQUIREMENTS. (OCT 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated,
in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are
not purchased by this contract. Except as this contract may otherwise provide, if the Government's
requirements do not result in orders in the quantities described as "estimated" or "maximum" in the
Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the
Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract,
the Contractor shall furnish to the Government all supplies or services specified in the Schedule and
called for by orders issued in accordance with the Ordering clause. The Government may issue orders
requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the
supplies or services specified in the Schedule that are required to be purchased by the Government
activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit
on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that
delivery may be specified under this contract, and if the Contractor will not accept an order providing for
the accelerated delivery, the Government may acquire the urgently required goods or services from
another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall
be completed by the Contractor within the time specified in the order. The contract shall govern the
Contractor's and Government's rights and obligations with respect to that order to the same extent as if the
order were completed during the contract's effective period; provided, that the Contractor shall not be
required to make any deliveries under this contract 10 days after expiration of the period of performance
specified in Section 1.

(End of clause)

1.5 52,252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they
were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the

full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/
https://www.hq.nasa.gov/office/procurement/regs/NFS. pdf

28


Inability to Price Per
22 | Accept Delivery Mile on
Emergency Price Per 5
Delivery Occurrence
Price Per
2 Hot Tank Fill | yuce Per 2
Price Per Y4
24 Demurrage ie 8
Inability to Price Per
24 | Accept Delivery Mile 46
34 Emergency Price Per 5
Delivery Occurrence
24 Hot Tank Fill | Price Per 2
Occurrence
Price Per %
25 Demurrage “. 8
Inability to Price Per
25 | Accept Delivery Mile 46
95 Emergency Price Per 5
Delivery Occurrence
25 Hot Tank Fill | Price Per 2
Occurrence
Short Notice | Price Per
25 Changes Tanker 10
Price Per ¥4
27 Demurrage Hr 8
Inability to Price Per
27 | Accept Delivery Mile “6
” Emergency Price Per 5
Delivery Occurrence
27 Hot Tank Fill | Prise Per 2
Occurrence
Short Notice | Price Per
27 Changes Tanker 10
Price Per %
28 Demurrage a 8
Inability to Price Per
28 | Accept Delivery Mile ‘6
38 Emergency Price Per 5
Delivery Occurrence
28 Hot Tank Fill Price Per 2
Occurrence
Short Notice | Price Per
28 Changes Tanker to

80KSC019D0023


B.3 CONTRACT PERIOD PRICING

80KSCO1

9D0023

The price of “Contract Year 1- Contract Period 1” for each CLIN shall be added to this section upon
contract award. Subsequent periods shall be adjusted utilizing the procedures outlined in Section B.5,

Economic Price Adjustment.

PRICE PER TON/GALLON/LITER

| 12/31/19 | 06/30/20 | 12/31/20

06/3071

12/31/21_| 06/30/22 _| 12/31/22 _| 06/30/23

aS ad

Sep-19 | Mar-20 Mar21 | Sep-21 | Mar-22 | Mar-23
B.4 OTHER PRICING OPTIONS _
Refer to Attachment 001 Section E for a description of each pricing option.
Emergency Delivery — Section E.1(b)
Inability to Accept Delivery — Section E.7
Demurrage — Section E.8
Hot Tank Fill — Section E.9
Short Notice Changes — Section E.10
Best
ay E Estimated | UntPrice | Unit Price | UnitPrice | UnitPrice | Unit Price
CLIN | Description ant Qtyper | Year i Year2 Year3 Year 4 Years
Year
3 Demurrage Pris Per % 8 b) (4
Inability to Price Per
3 Accept Delivery Mile 27
3 Emergency Price Per 5
Delivery Occurrence
3 Hot Tank Fill once Per 2
2 Demurrage | Pree Per'4 8 0) (4

| YEAR2 |
CLIN | UNIT Contract | Contract Contract
| Period3 | Period 4 Period | Period 6 Period 8 | Period9 | Period 10,
7/01/19 | 01/01/20 | 07/01/20 | O1/0121 | o701/21 | 01/01/22 | 07/01/22 | OV/1/23 | 07/01/23 | o1/01/24
|

06/30/24 _


80KSC019D0023

Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the
contract is terminated pursuant to the Termination for Convenience of the

Government clause of this contract, the total amount payable by the Government (including amounts
payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will
approximate 75 percent of the total amount then allotted to the contract.

(3)(i) The notice shall state the estimate when the point referred to in paragraph

(c)(2) of this clause will be reached and the estimated amount of additional funds required to continue
performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.
(ii) The Contractor shall, 60 days in advance of the date specified in

paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in
writing as to the estimated amount of additional funds required for the timely performance of the contract
for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause,

additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date
substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this
contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination
for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this
contract, the parties shall agree on the applicable period of contract performance to be covered by these
funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds
and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government's failure to allot additional funds in amounts

sufficient for the timely performance of this contract, the Contractor incurs additional costs or is

delayed in the performance of the work under this contract, and if additional funds are allotted, an
equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling
prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the

Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to

limit the rights of the Government under the default clause of this contract. The provisions of this
Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in
paragraph (a) of this clause. This clause shall become inoperative upon the allotment of funds for the total
price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract

pursuant to the Termination for Convenience of the Government clause of this contract.

(End of clause)

H.4 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (JUL 2018)
(Applicable to CLINs 24, 25, 27, 28, and 29)

The Contractor shall comply with the publications listed and those checked as applicable below, and
subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this
contract by reference. These publications prescribe regulatory and procedural criteria which are
applicable to this contract. The contractor shall promptly take corrective action upon notice of
noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of
the publications listed below.

The Contractor shall comply with the following publication, which can be found at
https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=1600&s=4A :
NPR 1600.4A, Identity and Credential Management

17


80KSC019D0023

SECTION C- DESCRIPTION/SPECIFICATION/WORK STATEMENT

C.1 STATEMENT OF WORK

See Attachment 002, Statements of Work, for a description of the requirements per CLIN and location.

C.2 PERFORMANCE SPECIFICATION

All requirements delivered under this contract shall be provided in accordance with the following
performance specifications, which are available online at internet addresses referenced below:

MIL-PRF-25508 (Rev. H) dated October 27, 2011, entitled, “Propellant, Oxygen”
MIL-PRF-27210 (Rev. J) dated August 7, 2013, entitled, “Oxygen, Aviator’s Breathing, Liquid and Gas”

http://quicksearch.dla.mil

Product supplied shall fully meet the requirements of the applicable specification(s) as indicated in the
Section B.2, Schedule of Supplies, except as modified in Attachment 002, Statement of Work.

Note: Please refer to H.1, Laboratory Analysis, and Attachment 002, Statements of Work, for particulate
testing requirements and optional analysis.

(End of clause)

[End of Section]


80KSC019D0023

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
(E.0. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun2016) (E.O. 13693).

(45)
(i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

X_(46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C.chapter 83).

(47)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83,
19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182,
108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Aug 2016) (19 U.S.C.2501, et seq., 19 U.S.C. 3301 note).

X_(49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and
statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C.
5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10
US.C.2307(1).

(54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C.4505, 10
U.S.C.2307(f)).

23


ITA

TAL TEMS

4. REQUISTION NUMBER PAGE OF PAGES
OFFEROR TO COMPLETE BLOCKS 12,17,23,24, & 30 1
2 GONTRACT NO. (3. AWARDVEFF, DATE | 4, ORDER NUMBER 5. SOUCITATON NUMBER Pe re
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80KSC019D0023

any applicable tanker unloading demurrage invoiced in accordance with this contract. Such demurrage
shall be certified by personnel of the receiving activity who are not in the employ of the contractor. At
the Government's option, and when available, Government personnel may be required to certify
demurrage charges.

(End of Clause)

E.3 CERTIFICATE OF CONFORMANCE

A certificate of conformance shall accompany each delivery to verify product quality and quantity. The
contractor's quality assurance representative shall sign and date the certificate of conformance to verify
quantity, quality, and proper documentation (i.e., laboratory analysis, etc.) at origin. The signed
certificate of conformance shall be attached to, or entered on, copies of the DD Form 250, or equivalent
commercial document. The certificate of conformance shall be prepared in accordance with FAR 52.246-
15, paragraph (d).

(End of clause)

E.4 DETERMINATION OF BILLING

The delivered product price per unit includes all product and transportation costs for the quantities
delivered and accepted. The unit price shall be F.O.B. destination. Scales or meters used in determining
weight or volume shall be certified and must meet all specifications and user requirements and tolerance
as stated in the National Institute of Standards and Technology (NIST) Handbook 44. Such scales or
meters shall be calibrated annually and records of this calibration shall be maintained for a minimum of
one year and made available to the contracting officer or designated representative upon request. After
delivery of product, quantity delivered in units measured by scale or meter shall be annotated on a DD
Form 250 or equivalent commercial document.

(End of clause)

E.5 QUALITY ASSURANCE, INSPECTION AND ACCEPTANCE

(a) Unless otherwise directed by the Contracting Officer, in-process inspection, end-item inspection, and
test verification shall be performed by the Contractor at the Contractor's facilities, to ensure compliance
with the contract requirements. The Government may perform periodic inspections or audits at the
contractor’s facilities to verify, inspect, and ensure that supplies meet the contract requirements, including
calibrations, process control monitoring, drawings and specifications.

(b) Any delivery location will have the option to sample liquid oxygen being delivered and analyze it for
impurities prior to off-loading the transport vehicle or container. Such sampling shall be subject to
demurrage charges, as applicable in accordance with this contract. If the sample does not meet
specification requirements, the load will not be accepted and will be returned to the Contractor's facility
for disposition. In case of non-acceptance, no product, transportation, demurrage, or any other costs will
be charged to, or be paid by the Government.

(c) The Contractor shall maintain records of inspections and tests performed on the items of this contract.
All records and tests shall be traceable to the liquid oxygen delivered and shall include applicable
tanker/trailer number, serial number, lot number, or any other acceptable method of identification. These
records shall be made available to the Government, upon request, during the performance of this contract
and for 180 days after delivery of the item(s).

(d) The Contractor shall develop and maintain documentation of a quality control program, including but
not limited to: Plant operating procedures (as they relate to quality provisions); handling procedures;

10


80KSC019D0023

SECTION E - INSPECTION AND ACCEPTANCE
E.1 DELIVERY REQUIREMENTS

(a) The contractor shall provide delivery capability for Government requirements to the delivery points
specified in Section B.2. Delivery conveyances must comply with applicable DOT regulations. The
contractor shall comply with applicable safety standards and maintain purity of product during loading
and delivery. The contractor shall develop, maintain, and make available to the Government all
conveyance operating procedures. Note: The amount of delivery equipment shall be sufficient to allow
for operational variations, maintenance, downtime, Department of Transportation (DOT) requirements,
and contingency provisions

(b) The contractor shall ensure the on-schedule delivery of liquid and oxygen ordered by the Government.
Each request for shipment shall set the required delivery by specifying the date, time, location, quantities,
and any other pertinent information regarding the shipment. The Government will provide notice prior to
requiring delivery of ordered product as set forth in Attachment 002. Requests for shipment placed less
than 48 hours shall incur a short notice emergency delivery charge at the price per occurrence specified in
Section B.4.

(c) The contractor shall provide trained personnel necessary for offloading product from the tankers to the
government interface. User locations will provide personnel to operate facility equipment. During
offloading, the contractor shall operate the tanker in accordance with approved procedures.

(d) Ancillary equipment and services may be required to effect delivery of liquid oxygen to satisfy
Government requirements. Ancillary equipment and services includes, but is not limited to, temporary
cryogenic storage vessels, liquid-to-gas conversion units (receivers, pumps, vaporizers, and associated
piping), and other equipment and services to support related propellant requirements under this contract.
The contracting officer administering the applicable delivery order will be notified of the ancillary
requirement and will issue a delivery order modification with negotiated pricing.

(End of clause)

E.2 MATERIAL INSPECTION AND RECEIVING REPORT

(a) At the time of each delivery under this contract, the contractor shall furnish to the Government a
Material Inspection and Receiving Report (DD Form 250 series or equivalent commercial document),
prepared in duplicate (original and one copy). If the contractor elects to use the DD Form 250, it shall be
prepared in accordance with NASA FAR Supplement 1846.6. Note: Equivalent commercial document
must contain the same level of detail/specificity as the DD Form 250.

(b) Upon delivery of product to the destination, each copy of the Material Inspection and Receiving
Report shall be signed and dated by the receiver. The original shall remain with the contractor’s driver
making the delivery, and one copy shall be retained by the receiving destination as proof of delivery.

(c) A legible copy of the applicable contractor quantity delivered measurement ticket shall be attached to
each copy of the Material Inspection and Receiving Report submitted for each delivery. The quantity
delivered measurement ticket shall include the associated shipment number and tanker number as cross
reference to the Material Inspection and Receiving Report. The foregoing documentation shall be
submitted with all invoices.

(d) Contractor shall overprint, in an appropriate space on each Material Inspection and Receiving Report,

9


1, DATE 2. SOLICITATION NUMBER 3. CONTRACT LINE ITEM 4, PROPELLANT
80KSCO19RO01S NUMBER
5/20/19 003, 004, 022 Oxygen
5. OFFEROR INFORMATION
SA. OFFEROR NAME 5B. OFFEROR ADDRESS
SC. OFFEROR PRIMARY CONTACT (Name, Email, Phone) SD. OFFEROR ALTERNATE CONTACT (Name, Email, Phone)

6. PRODUCTION FACILITY INFORMAITON

6A. PRIMARY PRODUCTION FACILITY (ADDRESS) 6B, PRODUCTION FACILITY CONTACT
6C. MAXIMUM FIXED STORAGE (TONS) 6D. MAXIMUM DAILY PRODUCTION (TONS) _| 6E. MAXIMUM MONTHLY PRODUCTION
(TONS)

7, DISTRIBUTION INFORMATION

7A. NUMBER OF TANKER TRAILERS ‘7B, AVERAGE TANKER TRAILER CAPACITY | 7C. AVERAGE NUMBER OF DRIVERS.
(TONS)

8. ALTERNATE PRODUCTION FACILITY INFORMATION

8A. ALTERNATE PRODUCTION FACILITY (ADDRESS) 8B. ALTERNATE PRODUCTION FACILITY CONTACT

i if
This facility shall be used to complete blocks 6C-E. Thi
production facility shall be the shipping point used to determine any charges accrued due to the Government’s inability to accept
deliveries. The offeror may also identify any alternate facilities that could be used in performance of this contract. In addition, the
production facility point of contact(s) will be used to place requests for shipments against Government authorized delivery orders
(refer to Block 6B).

‘Note 2: Distribution assets listed under block 7 shall be available to meet maximum CLIN requirements and are not specific to
either the primary or alternate facility.


80KSC019D0023

ARE NO EXPRESS WARRANTIES BY CONTRACTOR OTHER THAN THOSE SPECIFIED IN
THIS SECTION. 52.212-4(0). NO WARRANTIES BY CONTRACTOR (OTHER THAN
WARRANTY OF TITLE AS PROVIDED IN THE UNIFORM COMMERCIAL CODE) WILL BE
IMPLIED OR OTHERWISE CREATED UNDER THE UNIFORM COMMERCIAL CODE
INCLUDING WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE.” This limited remedies section for failure to meet the expressed warrantee
stated herein shall have no application to or impact on the Government’s remedies under paragraph
(m) Termination for cause of this Section

[End of Section]

30


80KSC019D0023

The following contract clauses are hereby incorporated by reference:

52.203-3 Gratuities (Apr 1984)

52.204-4 Printed or Copied Double-Sided On Postconsumer Fiber Content Paper (May 2011)
52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018)

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.232-18 Availability of Funds (Apr 1984)

1852.215-84 Ombudsman (Nov 2011)

1852.237-73 Release of Sensitive Information (Jun 2005)

1.6 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS (OCT 2018)

Addendum to Paragraph (f) Excusable Delays, (h) Patent Indemnity, and (w) Warranty. The following ise
added and shall apply to this contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Contractor and without its fault or negligence such
as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays
of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting forth the full particulars
in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall
promptly give written notice to the Contracting Officer of the cessation of such occurrence.
“Excusable delays” shall also include any accident, explosion, governmental law, ordinance, rule or
regulation, whether valid or invalid, extraordinary failure of equipment or apparatus, inability to obtain
electricity or other type of energy, feedstock, raw or finished material from normal sources of supply,
labor, equipment or transportation, or any similar or different contingency beyond its reasonable
control which would prevent or delay performance or make performance commercially impracticable
whether or not the contingency is of the same class as those enumerated above, it being expressly
agreed that such enumeration is non-exclusive. In the event any such contingency affects only a part of
Contractor's capability to produce and/or deliver Product, Contractor will allocate production and/or
deliveries among the requirements of all its affected customers and Contractor's own requirements in a
fair and reasonable manner.

(h) Patent Indemnity, is hereby deleted in its entirety as not relevant to this Contract.

(0) Warranty, is hereby deleted in its entirety and replaced with the following:

(0) Warranty. The items delivered hereunder will meet the specifications defined in Section B.2 —
Schedule of Supplies in Attachment 001 — Additional Terms and Conditions (“Specifications”). The
Government may reject any item which does not meet the specifications and no charge will be made
for the item so rejected. No claim of any kind with respect to the conformance of items to the
foregoing specifications, whether or not based on negligence, warranty, strict liability or any other
theory of law, will be greater than the price of the quantity of nonconforming item(s) in respect to
which such claim is made. The foregoing constitutes the Government’s exclusive remedy and the
Contractor’s sole obligation with respect to any such claim for not meeting the specifications. THERE

29


80KSC019D0023

29 Demurrage Ens Ba 8
Hr
Inability to Price Per
29 | Accept Delivery Mile 46
7 Emergency Price Per 5
Delivery Occurrence
29 Hot Tank Fill pare 2
Occurrence
Short Notice Price Per
29 Changes Tanker 10

B.5 ECONOMIC PRICE ADJUSTMENT

See Attachment 003, Economic Price Adjustment Clause, for EPA formulas by CLIN.

[End of Section]



80KSC019D0023

Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)
(Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)
(41 U.S.C. 2313).

(10) [Reserved].

ay)
(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if
the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4,

(13) [Reserved]

(14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).

(15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate 1 (Oct 1995) of $2.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(7)
(i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15 U.S.C. 637(d)(4))

(ii) Alternate I (Jan 2017) of 52.219-9.

20


80KSC019D0023

ATTACHMENT 0003- ECONOMIC PRICE ADJUSTMENT CLAUSE

(a) The CLIN prices shown in Section B.3 of Attachment 001 Contract Period Pricing shall be
subject to semiannual price adjustments from the base period price. The base price for each
CLIN will be adjusted, whether up or down, in accordance with the following formulae:

(1) CLIN 022: GRC (Liquid Oxygen)

Priceyey = Pricegase * [0.49 =X + 0.04" + 0.47]
Pipase Fipase

Where:
Price New

Price Base
PiNew =

Pi Base =

FiNew =

FiBase =

= Price and index average for the new contract period. Refer to
paragraph (b) of this clause for a listing of all contract periods.

= Price and index average for Contract Period 1.

Power index average for the new contract period utilizing the Producer
Price Index for Industrial Electric Power Distribution, East North Central
(ID: PCU221122221122433) as it appears in the PPI Detailed Report
published by the United States Department of Labor, Bureau of Labor
Statistics.

Power index average for the period of April 1, 2018, through March 31,
2019 utilizing the Producer Price Index for Industrial Electric Power
Distribution, East North Central (ID: PCU221122221122433) as it appears
in the PPI Detailed Report published by the United States Department of
Labor, Bureau of Labor Statistics.

Fuel index average for the new contract period utilizing the Producer Price
Index for Petroleum Refineries (Diesel Fuel), (ID: PCU324110324110C2)
as it appears in the PPI Detailed Report published by the United States
Department of Labor, Bureau of Labor Statistics.

Fuel index average for the period of April 1, 2018, through March 31,
2019 utilizing the Producer Price Index for Petroleum Refineries (Diesel
Fuel), (ID: PCU324110324110C2) as it appears in the PPI Detailed Report
published by the United States Department of Labor, Bureau of Labor
Statistics.

Note: Contract price adjustments for each subsequent six-month contract period
following Contract Period 1 will be updated by contract modification at least one
month prior to the start of the new contract period. The aggregate of the increases in
any contract unit price made for the above CLINS under this clause shall not exceed
40% of the original contract unit price. There is no percentage limitation on the
amount of decreases that may be made for the above CLINS.

Page 1 of 5


(2) CLINs 024,

Pricénew = Pricegase * [0.52 ——

Where:
Price New

Price Base
PiNew =

PiBase =

FiNew =

Fi Base =

80KSC019D0023

025, 027 - 029: KSC/CCAFS (Liquid Oxygen)

Pivew +0.02=8eH “+ 0,46]

Pigase "Base

= Price and index average for the new contract period. Refer to
paragraph (b) of this clause for a listing of all contract periods.

= Price and index average for Contract Period 1.

Power index average for the new contract period utilizing the Producer
Price Index for Industrial Electric Power Distribution, South Atlantic (ID:
PCU221122221122435) as it appears in the PPI Detailed Report published
by the United States Department of Labor, Bureau of Labor Statistics.

Power index average for the period of April 1, 2018, through March 31,
2019 utilizing the Producer Price Index for Industrial Electric Power
Distribution, South Atlantic

(ID: PCU221122221122435) as it appears in the PP] Detailed Report
published by the United States Department of Labor, Bureau of Labor
Statistics.

Fuel index average for the new contract period utilizing the Producer Price
Index for Petroleum Refineries (Diesel Fuel), (ID: PCU324110324110C2)
as it appears in the PPI Detailed Report published by the United States
Department of Labor, Bureau of Labor Statistics.

Fuel index average for the period of April 1, 2018, through March 31,
2019 utilizing the Producer Price Index for Petroleum Refineries (Diesel
Fuel), (ID: PCU324110324110C2) as it appears in the PPI Detailed Report
published by the United States Department of Labor, Bureau of Labor
Statistics.

Note: Contract price adjustments for each subsequent six-month contract period
following Contract Period 1 will be updated by contract modification at least one
month prior to the start of the new contract period. The aggregate of the increases in
any contract unit price made for the above CLINS under this clause shall not exceed
10% of the original contract unit price. There is no percentage limitation on the
amount of decreases that may be made for the above CLINS.

Page 2 of 5


80KSC019D0023

subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in
accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.0.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2014) (41 U.S.C. chapter 67).

(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.chapter
67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements (May 2014) (41 U.S.C.chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

26


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ATTACHMENT 4 - CAPABILITY FORM

1, DATE 2. SOLICITATION NUMBER 3. CONTRACT LINE ITEM \s PROPELLANT

NUMBER
80KSC019RO015
003, 004, 022

| Oxygen

5S, OFFEROR INFORMATION

SA. OFFEROR NAME

| 5B. OFFEROR ADDRESS

Praxair, Inc. Praxair, Inc.
10 Riverview Drive
Danbury, CT 06810

SD. OFFEROR ALTERNATE CONTACT (Name, Email, Phone)

SC, OFFEROR PRIMARY CONTACT (Name, Email, Phone)

Doreen Heal
(b) (4) |
6, PRODUCTION FACILITY INFORMAITON
6A. PRIMARY PRODUCTION FACILITY (ADDRESS) 6B. PRODUCTION FACILITY CONTACT
Praxair, Inc.
6C. MAXIMUM FIXED STORAGE (TONS) |6D. MAXIMUM DAILY PRODUCTION (TONS) _[6E. MAXIMUM MONTHLY PRODUCTION
(TONS)
7, DISTRIBUTION INFORMATION
7A. NUMBER OF TANKER TRAILERS | 7B, AVERAGE TANKER TRAILER CAPACITY re AVERAGE NUMBER OF DRIVERS
(TONS) |
8. ALTERNATE PRODUCTION FACILITY INFORMATION
8A. ALTERNATE PRODUCTION FACILITY (ADDRESS) 8B. ALTERNATE PRODUCTION FACILITY CONTACT

(b) (4)
_|

Note I: The offeror shall identify the primary production facility (i.e,, manufacturing plant) that will produce and deliver liquid
nitrogen and oxygen to meet contract line item number requirements. This facility shall be used to complete blocks 6C-E. This
production facility shall be the shipping point used to determine any charges accrued due to the Government's inability to accept
deliveries. The offeror may also identify any alternate facilities that could be used in performance of this contract. in addition, the
production facility point of contact(s) will be used to place requests for shipments against Government authorized delivery orders
(refer to Block 6B).

Note 2: Distribution assets listed under block 7 shall be available to meet maximum CLIN requirements and are not specific to
either the primary or alternate facility.


80KSC019D0023

(a) In the event the Contractor is unable to meet its delivery obligations from the specified sources, the
Contractor may supply the deficient quantities from other sources at the price agreed to in Section B.3 of
this contract.

(b) If such deficient quantities are not so supplied, the Government may acquire liquid oxygen from other
sources to the level of the quantities deficient, and the Contractor shall pay the Government the difference
between the delivered price from such other source and the applicable delivered price under Section B.3
of this contract. In this situation, the Government will pay the full price for the spot delivery and may
short pay the Contractor, on the next applicable invoice, an amount equal to the difference between the
Contractor’s normal price to the Government, and the price the Government paid for the spot delivery.

(c) In the event the Contractor continues to fail to deliver, correct deficiencies, or comply with contract

terms and conditions, the Government may invoke its right to terminate for cause.
(End of Addendum to FAR 52.212-4)

[End of Section]


80KSC019D0023

SECTION G —- CONTRACT ADMINISTRATION DATA

G.1 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS (OCT 2018)

Addendum to Paragraph (i) Payment. In addition to those requirements as stated in paragraph (i), the
following are added and shall apply to the payment instructions.

(i) Payment
(a) The Contractor shall submit all invoices using the steps described at NSSC’s Vendor Payment

information web site at: https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer
Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(b) Improper invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect,
or impropriety in an invoices within seven calendar days of receipt by the NSSC Payment Office.
Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (a) of
this section.

(c) In the event that amounts are withheld from payment in accordance with provisions of this award, a
separate payment request for the amount withheld will be required before payment for that amount may
be made.

(End of Addendum to FAR 52.212-4)

[End of Section]


80KSC019D0023

ATTACHMENT 001- ADDITIONAL TERMS AND CONDITIONS

SECTION B- SUPPLIES OR SERVICES

B.1 SUPPLIES AND/OR SERVICES TO BE PROVIDED

This is a fixed-price, economic price adjustment (EPA) indefinite delivery (ID) requirements contract for
the purchase of liquid and oxygen during the contract period of performance. The delivery locations and
estimated quantities are specified in the schedule as Contract Line Item Numbers (CLINs). The
contractor shall provide all resources (except as may be expressly stated in the contract as furnished by
the Government) necessary to deliver the items identified in the schedule of supplies located in section
B.2 and in accordance with the Statements of Work in Attachment 002.

Liquid and Oxygen shall be delivered to the following locations:

Glenn Research Center (GRC) Cleveland, OH 44135

Kennedy Space Center /

KSC, FL 32899 / CCAFS, FL 32920
Cape Canaveral Air Force Station (KSC/CCAFS)

(End of Clause)


80KSC019D0023
ATTACHMENT 002 — STATEMENTS OF WORK

(k) Fill Point Interfaces: KSC/CCAFS will provide the 3” flexible hose to transfer from contractor
tanker to receiving equipment.
Liquid Oxygen: 3” ACME Cryogenics, Female Nut, with 4.25-4 ACME threads at the end of the
facility flex hose, which shall connect to the Tanker Liquid Fill/Withdrawal Connection.

(I) KSC points of contact will be listed on delivery orders.


80KSC019D0023
X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31
USS.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul
2013) (31 U.S.C.3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(60)

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

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

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

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May
2014) (29 U.S.C.206 and 41 U.S.C.chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.chapter
67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements (May 2014) (41 U.S.C.chapter 67).

24


REFERENCE NO. OF DOCUMENT BEING CONTINUED Page 2 of
80KSC019D0023

NAME OF OFFEROR OR CONTRACTOR PRAXAIR

CONTINUATION SHEET

ITEM NO) ‘SUPPLIES/SERVICES QUANTITY | UNIT UNIT PRICE AMOUNT
(a) ®) (c) ) (&) Fy

Deliver to:
Glenn Research Center (GRC) Cleveland, oH
44135

Kennedy Space Center (KSC) Kennedy Space
Center, FL 32899

Cape Canaveral Air Force Station (CCAFS),
Cape Canaveral, FL 32920

This is a fixed-price, economic price
adjustment (EPA), indefinite delivery (1D)
xequirements contract for the purchase of
liquid oxygen for Glenn Research Center
(GRC) and Kennedy Space Center/Cape
Canaveral Air Force Station (KsC/CCAFS)

Attachment 001: Clauses and Provisions
Attachment 002: Statement of Work
Attachment 003: Economic Price Adjustment
Clauses

Attachment 004: Capability Form

0001 | CLIN 022 GRC $489,092.80
0002 | CLIN 024 KSC/ccAFS $530,764.00
0003 | CLIN 025 KSC/ccaFs $3,794, 295.30
0004 | CLIN 027 KsC/ccaFS $1,419, 831.16

0005 | CLIN 028 KSC/ccAFS $1,677,033.60

0006 | CLIN 029 KSC/ccAFS $1,095,925.38

OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110,


80KSC019D0023
ATTACHMENT 002 — STATEMENTS OF WORK

Statement of Work: Glenn Research Center (GRC), LO2, CLIN 022

(a) Delivery: Delivery and acceptance of product will normally be made Monday through Friday,

(b

=

(0

(e

(f)

(e

7:00 AM to 10:00 PM EST/EDT at the GRC Lewis Field Cleveland location. Under unusual
circumstances, the Contractor agrees to deliver product 24 hours a day, 7 days a week, including
holidays.

Clearance Procedures: The badging point of contact will ensure the drivers are issued temporary
badges for admission onto GRC.

Seals: GRC requires the tanker to be sealed to prevent tampering; however, a serialized seal is
not required.

Quantification of Product Delivered: Contractor shall utilize certified scales at the Contractor’s
facility to determine quantity of product delivered. For each delivery, the Contractor shall also
utilize the scales on GRC or PBS. Quantity delivered to each tank shall be annotated on the
DD250 or equivalent and shall be provided in gallons.

Notice for Delivery: GRC will provide a minimum of 48 hours’ notice before delivery of product.
Contractor will be notified at least 30 days in advance of planned high-use testing. Real-time
results of testing will require short notice changes to delivery schedule.

GRC Responsibility during Delivery: GRC personnel typically do not have to be present to
operate GRC equipment during the delivery of liquid nitrogen. However, GRC personnel must be
present to operate GRC equipment during the delivery of liquid oxygen.

Receiving Storage: Current facility storage containers in use at GRC include those, which are
listed below. However, the Government reserves the right to add, withdraw, change, or
substitute receiving containers at any time during the life of the contract. Additionally, there will
be instances where product delivery will be made directly into Government mobile tankers, at
either the Cleveland or Sandusky, Ohio locations.

Facility Tank Capacity MAWP (psi) Pressure

Designation (Gallons) Regulator Setting
(psi) (Fill Pressure)

5 N-55 3,000 250 120

5 N-72 13,000 89 35

16 N-14 15,000 250 25

16 N-15 15,000 250 25

16 N-52 2,000 175 -

49 N-18 6,000 250 75



80KSC019D0023

Example:

Utilizing CLIN GRC Formula, the EPA will be calculated as follows. The base unit price is
fictitious, the indices are actual according to BLS data. The Base period for this calculation will
be April 2017 — March 2018 and the resulting new unit price will be valid 01/01/2019 —
06/30/2019, which shall utilize the indices of fn 2018 — September 2018.

Priceyey = Pricegase * [0- 4g Line Pi ~ +0. oa ehew + 0.47]

Toa igase

. $100
Pricegase = on

Pigase = 302.9 (April 2017 — March 2018, PCU221122221122433)
Figase = 252.7 (April 2017 — March 2018, PCU324110324110C2)
Pinew = 309.1 (April 2018 — September 2018, PCU221122221122433)
Fiyew = 316.7(April 2018 — September 2018, PCU324110324110C2)

<= 309.1 316.7

Priceyew = * [0.49 302. ot +0. 04555 7 + 0.47]

$100
Pricevew = — >, * [0.49(1.0205) + 0.04(1.2533) + 0.47]

$100
Pricevey = * [0.5 + 0.05 + 0.47]

$100
Priceyey = ton * 1.02
. $102
Pricenew ton
(End of clause)

Page 5 of 5


80KSC019D0023

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause
52.247-64.

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

1.2 52.216-18 - ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery
orders or task orders by the individuals or activities designated in the Schedule. Such orders may be
issued from July 1, 2019 through June 30, 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event
of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the
order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if
authorized in the Schedule.

(End of clause)

1.3 52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an
amount of less than the quantity specified in B.2, the Government is not obligated to purchase, nor is the
Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of amount of quantity specified in B.2;

(2) Any order for a combination of items in excess of quantity or amount specified in B.2; or

(3) A series of orders from the same ordering office within the period specified in the amount or quantity
specified in B.2, together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this
section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the
Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one

requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph
(b) of this section.

27


80KSC019D0023

loading and off-loading of shipping conveyances; storage; analytical instruments and scale calibrations;
sampling; and analysis. Operating plans or procedures shall be submitted to the Government upon
request. Final inspection and acceptance shall be accomplished at the receiving destination. Acceptance
shall occur upon signoff by the receiving destination on the appropriate material inspection and receiving
report.

(e) All applicable requirements included in the delivery order, including this clause, shall be flowed down
to the organization’s sub-tier suppliers.
(End of Clause)

E.6 PRODUCT INTEGRITY CONTROL

(a) The contractor shall furnish seals to prevent tampering with the propellant delivery tankers. The seals
must easily identify any attempted tampering. The contractor shall seal all tankers prior to shipment.

(b) The contractor shall maintain cleanliness of shipping container interfaces, transfer hoses and fittings.
The contractor shall seal all drain and fill ports prior to shipment from the facility of origin.

(c) The contractor shall inspect each loaded conveyance just prior to shipment to ensure all end
connections are protected with dust covers (or other protectors) and there is no leakage of product.

(d) Upon arrival at the receiving destination propellant interface, conveyances shall be visually inspected
by the receiving activity for hazardous conditions, cleanliness, and seal integrity. Any discrepancy is
cause for rejection.

(End of Clause)

E.7 GOVERNMENT'S INABILITY TO ACCEPT DELIVERY

When the contractor makes a delivery to a single destination and the tanker cannot be accepted due to
storage tank problems or for other reasons under the control of the receiving organization, and through no
fault of the contractor, product charges will not be incurred; however, transportation charges will be based
on the round-trip miles at the transportation price per mile specified in section B.4. Roundtrip mileage
shall be from the primary plant source identified in Attachment 004, Capability Form. Plant Source to
each specified receiving destination shall be based on internet website Google Maps,
http://maps.google.com/

(End of Clause)

E.8 DEMURRAGE

The Government will pay the contractor demurrage for all delays in unloading propellant delivery tankers
in excess of 4 hours after arrival and check-in at place of delivery, if such delay is without the fault or
negligence of the contractor and is not caused by the failure of the contractor's equipment. If more than
one tanker is scheduled for the same arrival time, demurrage charges shall begin 4 hours after arrival time
of the last trailer in the group, and end at the release of the last trailer in the group. This unloading
demurrage charge shall be paid the contractor per quarter-hour or fraction thereof. No demurrage charges
shall be billed or paid for the loading of any propellant delivery tankers. If the free time has been
exceeded, the driver, upon leaving the site, shall leave the consignee written documentation showing the
date, time of arrival, time of departure, cause of delay, if known, and information identifying the
shipment. The driver shall sign such documentation and shall request the consignee to do likewise. A
copy thereof, as proof of delay, shall accompany all invoices for demurrage. Contractor shall ensure that
all deliveries from a multi-source operation shall be effected at the lowest overall cost to the Government.


80KSC019D0023

SECTION F — DELIVERIES OR PERFORMANCE

F.1 PLACE OF PERFORMANCE OR DELIVERY LOCATION

NAME LOCATION CLINs
GRC Cleveland, OH 44135 022
KSC / CCAFS KSC, FL 32899 / CCAFS, FL 32920 024, 025, and 027-029

(End of clause)

F.2 PERIOD OF PERFORMANCE

The period of performance is from July 1, 2019, through June 30, 2024 (a base contract of five (5) years
with no options).

(End of clause)

[End of Section]