SPE8E626R0001 AFFF Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 -

1. REQUISITION NUMBER

1000212762

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SPE8E6-26-R-0001

6. SOLICITATION ISSUE DATE

October 8, 2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

John Lieb PXPBLSV

b. TELEPHONE NUMBER(No collect calls)

267-542-4013

8. OFFER DUE DATE/LOCAL TIME

2025 OCT 23

3:00 PM

9. ISSUED BY CODE SPE8E6 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

DLA TROOP SUPPORT

CONSTRUCTION & EQUIPMENT (CLASS IV)

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

700 ROBBINS AVENUE

Philadelphia PA 19111-5096

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB NAICS: 325998

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINATTION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Schedule

17a. CONTRACTOR/

OFFERER

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND

CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

SOLICITATION NO. SPE8E6-26-R-0001 Page 3 of 72

Table of Contents Page Continuation of Blocks from the Standard Form 1449 4 Block 8, Offer Due Date/Local Time 4 Block 9, Issued By 4 Block 17a, Contractor/Offeror 4 Block 17b, Remittance Address 4 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 4

Caution Notices

Contractor Code of Business Ethics 11

Contract Clauses 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(by reference, see SF 1449, Block 27a)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services

Addendum Containing Supplementary Clauses in Full Text and by Reference 18 52.211-16 Variation in Quantity 18 52.252-2 Clauses Incorporated by Reference 18 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 18 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

252.225-7002 Qualifying Country Sources as Subcontractors 18 52.232-17 Interest 18 52.242-13 Bankruptcy 18 52.242-15 Stop Work Order 18 Contract Documents, Exhibits or Attachments

Statement of Work 19

Solicitation Provisions

52.212-1 Instructions to Offerors—Commercial Items 34 Addendum to 52.212-1 38 52.212-2 Evaluation—Commercial Products and Commercial Services 39 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services, Basic and Alternate I

Addendum Containing Supplementary Provisions in Full Text and by Reference 57 52.216-1 Type of Contract 57 5452.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 61 52.252-1 Solicitation Provisions Incorporated by Reference 62 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 62 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or

Transactions Relating to Iran - Representation and Certification

Procurement Notes L06 Agency Protests 64 Additional Clauses as Applicable

SOLICITATION NO. SPE8E6-26-R-0001 Page 4 of 72

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: October 22, 2025, 3:00 P.M. (EST)

2. Block 9

ALL OFFERS MUST BE SUBMITTED VIA EMAIL. Other forms of proposal submission are not permitted under this solicitation.

The email size must be 5MB or less. Please send the email to all of the following recipients:

john.lieb@dla.mil vincent.oliva@dla.mil howard.page@dla.mil

The offer must be signed and completed in its entirety in accordance with the solicitation requirements.

***A supplier's inability to submit a proposal caused by failure of a supplier's hardware, software, Internet Service Provider, or the World Wide Web itself, is not cause for extension of the solicitation’s closing date. An offeror’s inability to timely submit its proposal for any reason will not excuse submission of a late offer. ***

3. Block 17a › Offeror’s assigned Unique Entity Identifier Number: _______________

(If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the

SF-1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

5. Blocks 19-22: Schedule of Supplies

A. DLA Troop Support intends to award up to four (4) Firm Fixed Price Indefinite Delivery/Indefinite Quantity (IDIQ) Construction & Equipment (C&E) Contracts under this single solicitation. Contracts will be awarded on a CLIN by CLIN basis. The Government may award more than one (1) CLIN per contract, if the offeror is determined to be the lowest price technically acceptable offer on more than one

(1) CLIN.

SOLICITATION NO. SPE8E6-26-R-0001 Page 5 of 72

B. PRODUCT SUPPORT

Each awardee will be responsible for supplying, Aqueous Film Forming Foam (AFFF) Concentrate to authorized customers under the resulting contracts. Items to be supplied include but are not limited to:

3% and 6% AFFF formulations in two sizes, 55-gallon drums and 5-gallon containers. All items are commercial products which are identified by manufacturer's part number or commercial item description. All items shall conform in all respects to the manufacturer's commercial specifications, as approved by Naval Sea Systems Command for addition to the Qualified Products List for the identified NSNs.

C. PRICING

Firm-fixed prices must be submitted for a three-year base period and for each of two, one-year option periods.

D. TERM

The contracts resulting from this solicitation will be IDIQ Contracts with base ordering periods of three years and two, one-year option periods each, for a maximum term of five (5) years. Each contract awarded will contain a provision for the unilateral exercise of option(s) on the part of the Government to extend the term of the contract, within the Contracting Officer’s sole discretion.

E. ESTIMATED DEMAND

The estimated annual quantities set forth in the solicitation are GOOD FAITH ESTIMATES ONLY based on the best data available to the Contracting Officer at the time of issuance of this solicitation, and do not constitute guarantees that this volume or value will actually be ordered. Offerors must consider any business risks associated with these estimates and include them within the breadth of their proposals.

NSN Total 5 Year ID/IQ 3% AFFF – 55-gallon drums

NSN: 4210-01-668-6228 10,605 DR

3% AFFF – 5-gallon containers

NSN: 4210-01-668-6235 58,345 CO

6% AFFF – 55-gallon drums

NSN: 4210-01-668-6221 1,090 DR

6% AFFF – 5-gallon containers

NSN: 4210-01-668-6204 45,025 CO

NOTE: THIS INFORMATION IS BEING PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS

IN NO WAY A GUARANTEE THAT THIS VALUE WILL BE ORDERED UNDER THE

CONTRACTS RESULTING FROM THIS SOLICITATION

F. CONTRACT MINIMUM/MAXIMUM

For each contract awarded under this solicitation, the Government guarantees that it will order a quantity of supplies set forth in the table below during the base period of the contract. The aggregate of delivery orders issued to each awardee during performance of the base period will be applied to the minimum guarantee for that awardee. When the total units ordered exceeds the guaranteed minimum

SOLICITATION NO. SPE8E6-26-R-0001 Page 6 of 72 quantity set forth in the table below, the guaranteed minimum will have been met, and the Government's obligations with regard to the guarantee will have been satisfied.

NSN

Total Contract Guaranteed Minimum Quantity Ordered

Line Item

3% AFFF – 55-gallon drums

NSN: 4210-01-668-6228 346 CLIN 0001

3% AFFF – 5-gallon containers

NSN: 4210-01-668-6235 1,932 CLIN 0002

6% AFFF – 55-gallon drums

NSN: 4210-01-668-6221 763

CLIN 0003

6% AFFF – 5-gallon containers

NSN: 4210-01-668-6204 6,146 CLIN 0004

The maximum dollar value that can be obligated across all contracts awarded under this solicitation is $217,000,000.00, meaning that the cumulative obligations of all orders placed against the contracts resulting from this solicitation cannot exceed $217,000,000.00. The maximum of $217,000,000.00 also represents the maximum for the acquisition. The sum of all orders against all contracts shall not exceed $217,000,000.00.

Note: The Maximum Contract Value is $217,000,000.00. The maximum dollar value of $217,000,000.00 accounts for potential surge and contingency requirements and is in no way a guarantee that this value will be ordered under the contracts resulting from this solicitation.

CAUTION NOTICE

ITEMS REQUIRING SPECIAL ATTENTION

1. This solicitation consists of the following NSNs:

Line Item Nomenclature NSN U/I 0001 3% AFFF – 55-gallon drum 4210-01-668-6228 DR 0002 3% AFFF – 5-gallon container 4210-01-668-6235 CO 0003 6% AFFF – 55-gallon drum 4210-01-668-6221 DR 0004 6% AFFF – 5-gallon container 4210-01-668-6204 CO

2. The Government intends to make up to four (4) awards, one per NSN, under this solicitation.

3. Proposed unit price shall be annotated in the Chart under Caution Notice Item # 9. The (AEQ) Annual

Estimated Quantity is provided for informational purposes only. The quantity represented is the Annual Estimated Quantity and is not a fixed quantity. It represents no guarantee of future purchase quantities.

Offerors assume and must account for any and all business risk associated with these quantities, including the risk that lesser quantities may be ordered under any resultant contracts.

4. Qualified Products List (QPL): The NSNs identified in this solicitation are subject to a Qualified Products List maintained by Naval Sea Systems Command. Only offerors proposing to supply approved products present on the QPL will be eligible for award under this solicitation. Offers for non-approved, SOLICITATION NO. SPE8E6-26-R-0001 Page 7 of 72

QPL products will not be considered or further evaluated for award. For the most up to date qualification information, refer to the AFFF governing specification: MIL-PRF-24385F(4) QPL-24385, which can be accessed through the Qualified Products Database (QPD) available at https://qpldocs.dla.mil/search/parts.aspx?qpl=1910. Reference FAR 52.209-1 Qualification Requirements (page 61).

5. The Total Evaluated Offered Price: Awards will be made to offerors proposing to supply items on the Qualified Products List for the identified NSNs based Lowest Price Technically Acceptable offer. The Total Evaluated Price will be calculated as follows: The Evaluated Price will be calculated by multiplying the Annual Estimated Quantity (AEQ) by the proposed unit price. The options will be evaluated in accordance with FAR 52.217-05 Evaluation of Options.

6. The government plans to award up to four, Firm Fixed Price, Indefinite Delivery/Indefinite Quantity Contracts with maximum performance periods of five (5) years, consisting of a Base Period of three (3) years and two (2) one (1) year options. Pricing is to be submitted for the base period and for each of the two (2) option years.

7. Delivery: shall be made only as authorized by orders issued in accordance with clause FAR 52.216-18 Ordering

8. The Variation in Quantity is limited to a 0% increase and a 0% decrease in accordance with FAR 52.211-16.

9. According to FAR 52.216-19 Order Limitations, the minimum and maximum quantity per delivery order are annotated in the chart below.

NSN U/I AEQ

Minimum Delivery Order Quantity

Maximum Delivery Order Quantity

Proposed Unit Price (Base

Year 1)

Proposed Unit Price (Base

Year 2)

Proposed Unit Price (Base

Year 3)

Proposed Unit Price (Option 1)

Proposed Unit Price (Option 2)

Propose d

Delivery (Base & Option Years)

Section

(d) of

FAR

52.216-19

4210-01-668-6228 DR 346

__ days

4210-01-668-6235 CO 1,932

__ days

4210-01-668-6221 DR 763 __ days

4210-01-668-6204 CO 6,146 __ days

10. Contract and Delivery Order Limitations: The Government is not obligated to purchase beyond the guaranteed contract minimum. Prior to submitting a proposal, offerors must take into account any business risks associated with the estimates in this solicitation. The guaranteed minimum dollar value is stated on pages 5-6 of this solicitation. The maximum dollar value that may be ordered against all resulting contract(s), collectively, is $217,000,000.00.

11. Proposals are invited only on the basis of F.O.B. Origin. Offers submitted on basis other than FOB Origin will be rejected as technically unacceptable.

SOLICITATION NO. SPE8E6-26-R-0001 Page 8 of 72

12. Inspection and Acceptance will take place at Destination.

13. Delivery: The Government’s maximum required delivery time is 120 days after date of each delivery order. Accelerated deliveries of as few as 30 days after the date of the delivery order may be required under particular delivery orders at no additional cost to the Government. Accelerated deliveries are otherwise accepted at no additional cost to the Government.

14. Prompt Pay procedures shall apply in accordance with FAR 52.212-4.

15. The Government intends to make award to the responsible offeror(s) whose proposals meet all terms and conditions of the solicitation and who submit the lowest price that is determined fair and reasonable under each CLIN. To be eligible for award, offers must be for items listed on the QPL, all offered prices must be determined fair and reasonable, offers must take no exception to the solicitation terms and conditions, and offerors must complete all provisions listed herein that have vendor fill-ins in order to be considered compliant with the terms and conditions of the solicitation..

16. The Government intends to make award(s) based on initial offers; however, the Government reserves the right to conduct discussions, as deemed necessary in the Contracting Officer’s sole discretion.

Offerors are encouraged to submit their “best proposal” in response to this solicitation. See FAR 52.212-1(g).

17. The delivery orders issued against the resultant contract shall be placed via Electronic Data Interchange (EDI). An application providing for the automatic generation and electronic transmission of delivery orders against long term contracts will be used. All offerors are cautioned to anticipate the contractual requirement to provide the name and address of the Value Added Network (VAN) or other service to be used for the EDI transactions provided for under the resultant contract(s).

18. Items ordered under individual delivery orders placed against the resultant contract(s) may be delivered to various locations operated by DLA and/or its authorized customers. Delivery instructions will be included on each delivery order for scheduling transportation in accordance with C16 First Destination Transportation (FDT) Program, Government Arranged Transportation for Manual Awards (AUG 2017).

Material is not hazardous for shipping purposes.

19. REQUIRED CERTIFICATIONS AND CLAUSE FILL-INS: Offerors must review the entire solicitation and complete ALL certifications and ALL clause fill-ins contained therein. Offerors must fill in all appropriate clauses on the solicitation document and return copies of these completed pages along with the proposal package. Failure to do so may render an offeror’s proposal ineligible for award.

SUBMISSION OF OFFERS: Offerors responding to this solicitation must include the following Items to be considered:

1. Signed and Dated Proposal

2. Proposed unit prices are to be entered in the Chart in the Caution Notice #9 (page 7)

3. Completed copies of FAR 52.212-3, and other required certifications.

SOLICITATION NO. SPE8E6-26-R-0001 Page 9 of 72

4. Suppliers will be required to submit to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R.

1910.1200 for hazardous materials delivered to the Government.

Suppliers will also be required to submit to the contracting officer for review and approval prior to award, Hazardous Communication Standard (HCS) labels in accordance with 29 C.F.R. 1910.1200 requirements or current Consumer Product Safety Act (CPSA), Federal Hazardous Substance Act (FHSA) labels when subject to labeling requirements under those statutes. This product labeling is required for hazardous materials delivered to the Government.

5. Submit Other than Certified Cost and Pricing Data which may include but not limited to pricing data, cost data, and judgmental information necessary for the contracting officer to determine a fair and reasonable price or to determine cost realism. Such data may include the identical types of data as certified cost or pricing data, consistent with Table 15-2 of FAR 15.408, but without the certification. The data may also include, for example, sales data and any information reasonably required to explain the offeror’s estimating process, including, but not limited to

a. The judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and

b. The nature and amount of any contingencies included in the proposed price.

Large Businesses are required to submit a Subcontracting Plan in accordance with

FAR 52.219-9.

20. Proposals shall remain valid for 90 days unless the Contractor states otherwise.

21. Email is required for submission of initial proposals, correspondence, and proposal revisions, unless an alternate method is specified by the Contracting Officer. If and when a request for final proposal revisions is issued, the date and time for receipt of the proposal revision to the designated person will be shown in the request.. Emails shall be sent to john.lieb@dla.mil, vincent.oliva@dla.mil and howard.page@dla.mil.

22. DLA may require Vendor Managed Inventory (VMI) to be incorporated under Contracts executed as a result of this solicitation. VMI, if required, shall be implemented on a post award basis, via bi-lateral modification to the contract(s).

23. Contractors are required to report the extent of lobbying activities via Standard Form-LLL, “Disclosure of Lobbying Activities”. This form is to be submitted with the contractor's offer in accordance with FAR 52.212-3(e) (for commercial acquisitions). A copy of Standard Form (SF) LLL is available on the General Services Administration web site: https://www.gsa.gov/reference/forms/disclosure-of-lobbying-activities.

24. Invoicing: all invoicing will be done via wide area workflow procedures (WAWF). Reference:

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports mailto:john.lieb@dla.mil mailto:vincent.oliva@dla.mil mailto:howard.page@dla.mil

SOLICITATION NO. SPE8E6-26-R-0001 Page 10 of 72

25. Please provide Place of Performance:

Name:

CAGE:

Address:

26. Please Provide Remittance Address:

The following applies to ALL Line Items:

NON-ACCEPTABILITY OF GOVERNMENT SURPLUS MATERIAL

“Surplus material,” means new, unused material that was purchased and accepted by the U.S. Government and subsequently sold by the DLA Disposition Services ( formerly DRMS ) (DRMS), by contractors authorized by DRMS, or through another Federal Government surplus program. The terms “surplus” and “Government surplus” are used interchangeably.

The Government has determined that offers of surplus material will not be considered for this acquisition.

CAUTION NOTICE: THIS LIST MAY NOT BE ALL INCLUSIVE AND IT IS THE

RESPONSIBILITY OF THE OFFEROR TO REVIEW THE ENTIRE SOLICITATION TO

ENSURE ALL REQUIRED INFORMATION IS SUBMITTED WITH ITS PROPOSAL.

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED

BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER

LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE

SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE

REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A

SOLICITATION NO. SPE8E6-26-R-0001 Page 11 of 72

SOLICITATION AMENDMENT INCORPORATES A FOLLOWON REVISION, IN WHICH CASE THE

AMENDMENT DATE CONTROLS.

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

NOTE: The Government reserves the right to cancel this solicitation for any reason, at any time prior to contract award. If this should occur, the Government will not be liable for an offeror's solicitation preparation costs or any other such related costs incurred.

Provisions, Clauses and Procurement Notes:

The following websites are provided to suppliers to obtain the full text of the FAR, DFARS, and DLAD provisions, clauses, and Procurement Notes listed below:

https://www.acquisition.gov http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/hq/acquisition/offers/DLAD.aspx

All identified provisions, clauses, and procurement notes are incorporated herein by reference and made a part of the solicitation/contract with the same force and effect as if set forth in full text, as applicable. Offerors are reminded that all provisions incorporated herein by reference remain binding in their entirety. Any penalties for misrepresentation contained in the referenced clauses and provisions apply.

FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use and FAR 52.211-15 Defense Priority and Allocation Requirements are included in the solicitation and any resultant contracts. Though the basic contract is not rated, individual delivery orders may be rated.

(END OF CAUTION NOTICE)

SOLICITATION NO. SPE8E6-26-R-0001 Page 12 of 72

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003) AND (MAR 2025)(DEVIATION 2025-O0004)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 products and commercial services:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)

(41 U.S.C. 3509).

_X_ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community – See FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved].

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.);

https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

SOLICITATION NO. SPE8E6-26-R-0001 Page 13 of 72

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.).

___ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-238).

___ (10) 52.204-28, Federal Acquisition Supply Chain Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-agency contracts (DEC 2023) (Pub.

L. 115-390, title II).

_X_ (11)(i) 52.204-30, Federal Acquisition Supply Chain Act Orders – Prohibition (DEC 2023) (Pub.

L. 115-390, title II).

___(ii) Alternate I (DEC 2023) of 52.204-30 ___ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

___ (14) [Reserved].

___ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

_X__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (17) [Reserved] ___ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) of 52.219-6 ___ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)

(15 U.S.C. 644).

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7 _X__ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637 (d)(2) and (3)).

_X_ (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9 ___ (iii) Alternate II (NOV 2016) of 52.219-9 ___ (iv) Alternate III (JUN 2020) of 52.219-9 ___ (v) Alternate IV (JAN 2025) of 52.219-9 ___ (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219-13 ___ (23) 52.219-14, Limitations on Subcontracting, Class Deviation 2021-O0008 (FEB 2023) (15

U.S.C. 637(a)(14)).

___ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i))002E ___ (25) 52.219-27, Notice of Set-Aside for, or Sole Source Award to, Service-Disabled Veteran-

Owned Small Business (SDVOSB) Concerns Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

_X_ (26)(i) 52.219-28, Post Award Small Business Program Representation (JAN 2025) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28 ___ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (OCT 2022) (15 U.S.C. 637(m)).

SOLICITATION NO. SPE8E6-26-R-0001 Page 14 of 72

___ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (OCT 2022) (15 U.S.C.

637(m)).

___(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

____(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

___ (33) [Reserved] ___ (34) [Reserved] _X_ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (36)(i) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

___ (ii) Alternate I (JULY 2014) of 52.222-36.

_X_ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22.U.S.C. chapter 78 and

E.O. 13627).

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

_X_ (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

___ (41) (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.)

_X_ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671).

_X_ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671).

_X_ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).

_X_ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).

_X_ (46) 52.223-23, Sustainable Products and Services (MAR 2025)(DEVIATION 2025-O0004) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

_X_ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

_X_ (ii) Alternate I (JAN 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved] ___ (iii) Alternate II (JAN 2025) of 52.225-3.

___ (iv) Alternate III (FEB 2024) of 52.225-3.

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

SOLICITATION NO. SPE8E6-26-R-0001 Page 15 of 72

___ (v) Alternate IV (OCT 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 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).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (56) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021) ___ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(OCT 2018) (31 U.S.C. 3332).

_X_ (60) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by

American Security Drone Act-Covered Foreign Entities (NOV 2024) Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901

_X_ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

___ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

___ (iii) Alternate II (NOV 2021) 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 products and commercial services:

[ Contracting Officer check as appropriate. ]

___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 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).

___ (5) 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).

SOLICITATION NO. SPE8E6-26-R-0001 Page 16 of 72

___ (6) 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).

___ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

___ (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2022) (E.O. 13706).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.

1792).

_X__ (10) 52.247-69 Reporting Requirement for U.S.-Flag Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g))

(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.

(e) (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) in a subcontract for commercial products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.2014-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Section 889(a)(1)(A) of Pub, L 115-232)

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-238).

SOLICITATION NO. SPE8E6-26-R-0001 Page 17 of 72

(vii) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include -6 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 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.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 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.)

(xviii) 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)

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xxiii) 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).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SOLICITATION NO. SPE8E6-26-R-0001 Page 18 of 72

Addendum

The following additional clauses are set forth in full text:

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

0 percent increase 0 percent decrease This increase or decrease shall apply to all delivery orders.

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):

• FAR: https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

• DFARS: https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

• DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE/DATE

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting (JAN 2023) DFARS

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country That is a State Sponsor of Terrorism

(MAY 2019) DFARS

252.225-7002 Qualifying Country Sources as Subcontractors (MAR 2022) DFARS

52.232-17 Interest (MAY 2014) FAR

52.242-13 Bankruptcy (JUL 1995) FAR

52.242-15 Stop Work Order (AUG 1989) FAR https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

SOLICITATION NO. SPE8E6-26-R-0001 Page 19 of 72

Statement of Work (SOW) Commercial Purchase of Aqueous Film Forming Foam (AFFF)

1. Introduction This Statement of Work (SOW) establishes the requirements, scope, and responsibilities for the commercial procurement of Aqueous Film Forming Foam (AFFF). The foam concentrates will be used in fire suppression systems and emergency response operations to ensure effective fire protection and mission readiness of DLA customers, to include military fleet, installations and federal activities worldwide.

This requirement will be fulfilled under a Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) contract.

2. Contract Structure

• Contract Type: Firm Fixed Price (FFP) IDIQ.

• Ordering Period: Three (3) year base period with two (2) one-year option periods.

• Line Item Awards: Award will be made on a line-by-line basis, resulting in up to four separate contract awards.

• Contract Minimum: 100% of the annual estimated quantity per line item.

• Contract Maximum: The maximum ordering value across all awards is $217,000,000.00 over the life of the contract, including options.

3. Scope The Contractor(s) shall furnish and deliver 3% and 6% formulations of AFFF concentrate in either or both of two container sizes (55-gallon drums and 5-gallon containers), as required by DLA and its authorized customers. Orders will be placed as delivery orders under the IDIQ contract. The Government may incorporate Vendor Managed Inventory (VMI) during the period of performance, via bi-lateral modification to the contract(s). NSNs to be procured under the resultant contracts may include:

• NSN 4210-01-668-6204

• NSN 4210-01-668-6221

• NSN 4210-01-668-6228

• NSN 4210-01-668-6235

4. Requirements

4.1 Product Specifications

• Type: Aqueous Film Forming Foam (AFFF) Concentrate.

• Concentrations Required:

o 3% AFFF o 6% AFFF

• Container Sizes:

o 55-gallon drums

SOLICITATION NO. SPE8E6-26-R-0001 Page 20 of 72 o 5-gallon containers

• Performance Standard: Must comply with MIL-PRF-24385F (or most current revision) or

Government-approved equivalent specification.

• Qualified Products List (QPL) Requirements: The manufacturer for the QPL item must be QPL approved at the time of the contract award.

• Shelf Life: Material shall be manufactured within one calendar year of the delivery…