Bureau In Kind Crude Helium Sales Contract - Us Department Of The Interior Page 5
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11ARTICLE III
Federal Helium Supplier
3.1 Supplier shall supply helium for: (1) Major Helium Requirements of a Federal agency; or
(2) Major Helium Requirements of private helium purchasers for use in Federal Government contracts if
procurement documents specify the intent, as determined by the Bureau, that the helium to be furnished
is required to accomplish an objective, project, mission, or program of the Federal agency. If helium use
at a particular location that was originally estimated to be less than a Major Helium Requirement is later
determined by the Bureau to be a Major Helium Requirement, then Supplier’s refined helium deliveries
made after the Bureau has revised its Major Helium Requirement determination shall be covered by the
provisions of this Contract and applicable regulations.
3.2 Supplier shall be a current Helium Storage Contract Holder.
3.3 Deliveries of refined helium pursuant to Article III paragraph 3.1 of this Contract shall be
reported to the Bureau.
(a) Supplier and Buyers shall report to the Bureau itemized deliveries of refined helium for
Helium Requirements that Supplier made to Buyers during each quarterly reporting period
by submitting a quarterly helium report to the Bureau. Supplier and Buyers shall submit a
quarterly helium report to the Bureau not later than forty-five (45) days after the end of the
quarterly reporting period. Supplier and Buyer shall submit quarterly helium reports to the
Bureau via mail, facsimile transmission, e-mail, or other mutually agreeable means arranged
between the Bureau and the Buyer or the Bureau and Supplier. The quarterly helium
reports shall include all information specified in
OMB Form number
3195-4, which is
currently found on the Bureau’s website at
https://
4%20Final.xlsx. The form and location of report are subject to change.
(b) Supplier shall report to the Bureau cumulative deliveries of refined helium for Helium
Requirements that Supplier made to Buyers during each annual reporting period by
submitting an annual helium report to the Bureau. Supplier shall submit an annual helium
report to the Bureau not later than forty-five (45) days after the end of the annual reporting
period. Supplier shall submit annual helium reports to the Bureau via mail, facsimile
transmission, e-mail, or other mutually agreeable means arranged between the Bureau and
Supplier. If Supplier mails its annual helium report to the Bureau, the annual helium report
shall be postmarked on or before November 15 and mailed to the address stipulated in
Article XV. The annual helium reports shall include all information specified in
OMB Form
3195-4, which is currently found on the Bureau’s website at
number
https://
4%20Final.xlsx. The form and location of report are subject to change.
If Supplier fails to submit a quarterly helium report or an annual helium report to the Bureau as specified
in paragraphs 3.3(a) and 3.3(b), then Supplier shall incur a penalty fine of one thousand ($1,000) dollars
for each instance of non-compliance. More than one instance of non-compliance shall be sufficient
grounds for the Bureau to terminate this Contract. The Authorized Officer may waive the penalty fine or
termination option for good cause.
3.4 Whenever Supplier sells helium under Article III paragraph 3.1 of this Contract, Supplier
shall make payment to purchase an Equivalent amount of crude helium from the Bureau within thirty (30)
days of the Bureau billing date.
3.5 This Contract supersedes and replaces all Existing Agreements between the Bureau
and Supplier for the purchase of in-kind or equivalent amounts of crude helium. All Existing Agreements
Page 5 of 11
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