22Q0103.pdf

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Compressed Gasses Yrly Service
Solicitation number
W25G1V22Q0103
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SEE ADDENDUM

(No Collect Calls)

W25G1V22Q0103 06-May-2022

b. TELEPHONE NUMBER

570-615-7567

8. OFFER DUE DATE/LOCAL TIME

04:30 AM 20 May 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W25G1V9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MISSY J MORGAN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ACC-APG, TOBYHANNA DIVISION

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466-5100

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W25G1V 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SEE BELOW FOR SEPARATE SHIPPING INSTRUCT

XXX

XXX PA 00000

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541990

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF52

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W25G1V22Q0103

Section SF 1449 - CONTINUATION SHEET

ADDENDUM

The award will be based on the best value to the Government, considering price and delivery, to the responsible offeror otherwise conforming to all solicitation requirements. The Government reserves the right to award to other than the lowest price or earliest delivery. The delivery date specified in this solicitation is only an estimate.

Evalutation of quotes wil include price per cylinder, total yearly cost and total option year costs.

2.0 RESPONDING TO THIS RFQ: email quote to michele.j.morgan.civ@army.mil SUBJECT Line: RFQ W25G1V22Q0103

3.1 Offers shall include the following: a completed standard form, (SF), 1449. A SF1449 is considered “complete” when the following items are filled‐in:

a) Blocks 5, 12, 17a, 17b, 19 through 24, 30a, and 30b; and 30c, located on page 1. (The signature in block 30b must be from a company official authorized to contractually bind the company.)

b) All incorporated provisions and clauses requiring contractor response, as applicable.

FAR PROVISIONS:

* 52.204‐24(d)(1) & 52.204‐26(c)(2) ‐ OR – 52.204‐24(d)(2) & 52.204‐26(c)(1)

* 52.209‐2

* 52.209‐11

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

DELIVERY COMPRESSED NITROGEN

FFP

Period of Performance 17 July 2022 - 16 July 2023

POC:ROBERT KNECHT 570-615-7242

SERVICE - DELIVER COMPRESSED NITROGEN - 5M530- 5% CARBON

DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF COMPRESSED

NITROGEN, 5% CARBON DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF

INDUSTRIAL NITROGEN 262CF APPROXIMATELY 20 PER YEAR.

EMERGENCY SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY

POC. ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

FOB: Destination

NSN: AASSVC2042004G

MILSTRIP: W25G1V2042004G

PURCHASE REQUEST NUMBER: W25G1V2042004G

PSC CD: R499

NET AMT

0002 1 Lot

DELIVER COMPRESSED INDUSTRIAL OXYGEN

FFP

Period of Performance 17 July 2022 - 16 July 2023

SERVICE: DELIVER COMPRESSED INDUSTRIAL OXYGEN - 5M530 OX H

COMPRESSED INDUSTRIAL OXYGEN, OX H, INDUSTRIAL OXYGEN

250CF APPROXIMATELY 20 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POC. ROBERT

KNECHT, 570-615-7242

COST PER CYLINDER: $_________

FOB: Destination

NSN: AASSVC2042004J

MILSTRIP: W25G1V2042004J

PURCHASE REQUEST NUMBER: W25G1V2042004J

0003 1 Lot

DELIVER COMPRESSED INDUSTRIAL HELIUM-

FFP

Period of Performance 17 July 2022 - 16 July 2023

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER & FILL COMPRESSED INDUSTRIAL HELIUM- 5M530

HE T COMPRESSED INDUSTRIAL HELIUM, HE T, INDUSTRIAL HELIUM

293CF APPROXIMATELY 120 PER YEAR. EMERGENCY SERVICE MUST

BE PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

FOB: Destination

NSN: AASSVC2042004K

MILSTRIP: W25G1V2042004K

PURCHASE REQUEST NUMBER: W25G1V2042004K

0004 1 Lot

DELIVER COMPRESSED ARGON /CO2

FFP

Period of Performance 17 July 2022 - 16 July 2023

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON /CO2- 5M530 AR STAR14-T

COMPRESSED ARGON/CO2, AR STAR14-T /25% CO2 / 75% ARGON

APPROXIMATELY 56 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

FOB: Destination

NSN: AASSVC2042004L

MILSTRIP: W25G1V2042004L

PURCHASE REQUEST NUMBER: W25G1V2042004L

0005 1 Lot

DELIVER COMPRESSED INDUSTRIAL ACETYLENE

FFP

Period of Performance 17 July 2022 - 16 July 2023

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL ACETYLENE - 5M530

AC 4.5 COMPRESSED INDUSTRIAL ACETYLENE, AC 4.5,INDUSTRIAL

ACETYLENE 225CF APPROXIMATELY 10 PER YEAR. EMERGENCY

SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY POINT OF CONTACT: ROBERT KNECHT, 570-615-

7242.

COST PER CYLINDER: $_________

FOB: Destination

NSN: AASSVC2042004M

MILSTRIP: W25G1V2042004M

PURCHASE REQUEST NUMBER: W25G1V2042004M

0006 1 Lot

DELIVER COMPRESSED ARGON

FFP

Period of Performance 17 July 2022 - 16 July 2023

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON - 5M530 AR T 330 CF

COMPRESSED ARGON, AR T, INDUSTRIAL ARGON 330CF

APPROXIMATELY 114 PER YEAR EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT: ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

FOB: Destination

NSN: AASSVC2042004N

MILSTRIP: W25G1V2042004N

PURCHASE REQUEST NUMBER: W25G1V2042004N

0007 1 Lot OPTION Option Yr 1 COMPRESSED NITROGEN

FFP

Period of Performance 17 July 2023 - 16 July 2024

POC:ROBERT KNECHT 570-615-7242

SERVICE - DELIVER COMPRESSED NITROGEN - 5M530- 5% CARBON

DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF COMPRESSED

NITROGEN, 5% CARBON DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF

INDUSTRIAL NITROGEN 262CF APPROXIMATELY 20 PER YEAR.

EMERGENCY SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY

POC. ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

FOB: Destination

0008 1 Lot OPTION Option Yr 1COMPRESSED INDUSTRIAL OXYGEN

FFP

Period of Performance 17 July 2023 - 16 July 2024

SERVICE: DELIVER COMPRESSED INDUSTRIAL OXYGEN - 5M530 OX H

COMPRESSED INDUSTRIAL OXYGEN, OX H, INDUSTRIAL OXYGEN

250CF APPROXIMATELY 20 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POC. ROBERT

KNECHT, 570-615-7242

COST PER CYLINDER: $_________

0009 1 Lot OPTION Option Yr 1 COMPRESSED INDUSTRIAL HELIUM

FFP

Period of Performance 17 July 2023 - 16 July 2024

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL HELIUM- 5M530 HE T

COMPRESSED INDUSTRIAL HELIUM, HE T, INDUSTRIAL HELIUM

293CF APPROXIMATELY 120 PER YEAR. EMERGENCY SERVICE MUST

BE PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0010 1 Lot OPTION Option Yr 1 COMPRESSED ARGON /CO2-

FFP

Period of Performance 17 July 2023 - 16 July 2024

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON /CO2- 5M530 AR STAR14-T

COMPRESSED ARGON/CO2, AR STAR14-T /25% CO2 / 75% ARGON

APPROXIMATELY 56 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0011 1 Lot OPTION Option Yr 1 INDUSTRIAL ACETYLENE

FFP

Period of Performance 17 July 2023 - 16 July 2024 Description: POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL ACETYLENE - 5M530

AC 4.5 COMPRESSED INDUSTRIAL ACETYLENE, AC 4.5,INDUSTRIAL

ACETYLENE 225CF APPROXIMATELY 10 PER YEAR. EMERGENCY

SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY POINT OF CONTACT: ROBERT KNECHT, 570-615-

7242.

COST PER CYLINDER: $_________

0012 1 Lot OPTION Option Yr 1 FILL COMPRESSED ARGON

FFP

Period of Performance 17 July 2023 - 16 July 2024

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON - 5M530 AR T 330 CF

COMPRESSED ARGON, AR T, INDUSTRIAL ARGON 330CF

APPROXIMATELY 114 PER YEAR EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT: ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0013 1 Lot OPTION Option Yr 2 COMPRESSED NITROGEN

FFP

Period of Performance 17 July 2024 - 16 July 2025

POC:ROBERT KNECHT 570-615-7242

SERVICE - DELIVER COMPRESSED NITROGEN - 5M530- 5% CARBON

DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF COMPRESSED

NITROGEN, 5% CARBON DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF

INDUSTRIAL NITROGEN 262CF APPROXIMATELY 20 PER YEAR.

EMERGENCY SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY

POC. ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0014 1 Lot OPTION Option Yr 2 INDUSTRIAL OXYGEN

FFP

Period of Performance 17 July 2024 - 16 July 2025

SERVICE: DELIVER COMPRESSED INDUSTRIAL OXYGEN - 5M530 OX H

COMPRESSED INDUSTRIAL OXYGEN, OX H, INDUSTRIAL OXYGEN

250CF APPROXIMATELY 20 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POC. ROBERT

KNECHT, 570-615-7242

COST PER CYLINDER: $_________

0015 1 Lot OPTION Option Yr 2 INDUSTRIAL HELIUM

FFP

Period of Performance 17 July 2024 - 16 July 2025

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL HELIUM- 5M530 HE T

COMPRESSED INDUSTRIAL HELIUM, HE T, INDUSTRIAL HELIUM

293CF APPROXIMATELY 120 PER YEAR. EMERGENCY SERVICE MUST

BE PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0016 1 Lot OPTION Option Yr 2 COMPRESSED ARGON /CO2

FFP

Period of Performance 17 July 2024 - 16 July 2025

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON /CO2- 5M530 AR STAR14-T

COMPRESSED ARGON/CO2, AR STAR14-T /25% CO2 / 75% ARGON

APPROXIMATELY 56 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0017 1 Lot OPTION Option Yr 2 INDUSTRIAL ACETYLENE

FFP

Period of Performance 17 July 2024 - 16 July 2025 Description: POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL ACETYLENE - 5M530

AC 4.5 COMPRESSED INDUSTRIAL ACETYLENE, AC 4.5,INDUSTRIAL

ACETYLENE 225CF APPROXIMATELY 10 PER YEAR. EMERGENCY

SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY POINT OF CONTACT: ROBERT KNECHT, 570-615-

7242.

COST PER CYLINDER: $_________

0018 1 Lot OPTION Option Yr 2 COMPRESSED ARGON

FFP

Period of Performance 17 July 2024 - 16 July 2025

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON - 5M530 AR T 330 CF

COMPRESSED ARGON, AR T, INDUSTRIAL ARGON 330CF

APPROXIMATELY 114 PER YEAR EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT: ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0019 1 Lot OPTION Option Yr 3 COMPRESSED NITROGEN

FFP

Period of Performance 17 July 2025 - 16 July 2026

POC:ROBERT KNECHT 570-615-7242

SERVICE - DELIVER COMPRESSED NITROGEN - 5M530- 5% CARBON

DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF COMPRESSED

NITROGEN, 5% CARBON DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF

INDUSTRIAL NITROGEN 262CF APPROXIMATELY 20 PER YEAR.

EMERGENCY SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY

POC. ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0020 1 Lot OPTION Option Yr 3COMPRESSED INDUSTRIAL OXYGEN

FFP

Period of Performance 17 July 2025 - 16 July 2026

SERVICE: DELIVER COMPRESSED INDUSTRIAL OXYGEN - 5M530 OX H

COMPRESSED INDUSTRIAL OXYGEN, OX H, INDUSTRIAL OXYGEN

250CF APPROXIMATELY 20 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POC. ROBERT

KNECHT, 570-615-7242

COST PER CYLINDER: $_________

0021 1 Lot OPTION Option Yr 3COMPRESSED INDUSTRIAL HELIUM

FFP

Period of Performance 17 July 2025 - 16 July 2026

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL HELIUM- 5M530 HE T

COMPRESSED INDUSTRIAL HELIUM, HE T, INDUSTRIAL HELIUM

293CF APPROXIMATELY 120 PER YEAR. EMERGENCY SERVICE MUST

BE PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0022 1 Lot OPTION Option Yr 3 COMPRESSED ARGON /CO2

FFP

Period of Performance 17 July 2025 - 16 July 2026

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON /CO2- 5M530 AR STAR14-T

COMPRESSED ARGON/CO2, AR STAR14-T /25% CO2 / 75% ARGON

APPROXIMATELY 56 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0023 1 Lot OPTION Option COMPRESSED INDUSTRIAL ACETYLENE

FFP

Period of Performance 17 July 2025 - 16 July 2026 Description: POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL ACETYLENE - 5M530

AC 4.5 COMPRESSED INDUSTRIAL ACETYLENE, AC 4.5,INDUSTRIAL

ACETYLENE 225CF APPROXIMATELY 10 PER YEAR. EMERGENCY

SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY POINT OF CONTACT: ROBERT KNECHT, 570-615-

7242.

COST PER CYLINDER: $_________

COST PER CYLINDER: $_________

0024 1 Lot OPTION Option Yr 3 COMPRESSED NITROGEN

FFP

Period of Performance 17 July 2025 - 16 July 2026

POC:ROBERT KNECHT 570-615-7242

SERVICE - DELIVER COMPRESSED NITROGEN - 5M530- 5% CARBON

DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF COMPRESSED

NITROGEN, 5% CARBON DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF

INDUSTRIAL NITROGEN 262CF APPROXIMATELY 20 PER YEAR.

EMERGENCY SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY

POC. ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0025 1 Lot OPTION Option Yr 4 COMPRESSED NITROGEN

FFP

Period of Performance 17 July 2026 - 16 July 2027

POC:ROBERT KNECHT 570-615-7242

SERVICE - DELIVER COMPRESSED NITROGEN - 5M530- 5% CARBON

DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF COMPRESSED

NITROGEN, 5% CARBON DIOXIDE/35% NITROGEN/ 60% HELIUM 262CF

INDUSTRIAL NITROGEN 262CF APPROXIMATELY 20 PER YEAR.

EMERGENCY SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY

POC. ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0026 1 Lot OPTION Option Yr 4COMPRESSED INDUSTRIAL OXYGEN

FFP

Period of Performance 17 July 2026 - 16 July 2027

SERVICE: DELIVER COMPRESSED INDUSTRIAL OXYGEN - 5M530 OX H

COMPRESSED INDUSTRIAL OXYGEN, OX H, INDUSTRIAL OXYGEN

250CF APPROXIMATELY 20 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POC. ROBERT

KNECHT, 570-615-7242

COST PER CYLINDER: $_________

0027 1 Lot OPTION Option Yr 4 COMPRESSED IND'L HELIUM

FFP

Period of Performance 17 July 2026 - 16 July 2027

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL HELIUM- 5M530 HE T

COMPRESSED INDUSTRIAL HELIUM, HE T, INDUSTRIAL HELIUM

293CF APPROXIMATELY 120 PER YEAR. EMERGENCY SERVICE MUST

BE PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0028 1 Lot OPTION Option Yr 4 COMPRESSED ARGON /CO2

FFP

Period of Performance 17 July 2026 - 16 July 2027

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON /CO2- 5M530 AR STAR14-T

COMPRESSED ARGON/CO2, AR STAR14-T /25% CO2 / 75% ARGON

APPROXIMATELY 56 PER YEAR. EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT:ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

0029 1 Lot OPTION Option Yr 4 Industrial Acetylene

FFP

Period of Performance 17 July 2026 - 16 July 2027 Description: POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED INDUSTRIAL ACETYLENE - 5M530

AC 4.5 COMPRESSED INDUSTRIAL ACETYLENE, AC 4.5,INDUSTRIAL

ACETYLENE 225CF APPROXIMATELY 10 PER YEAR. EMERGENCY

SERVICE MUST BE PROVIDED WITHIN 24 HOURS AFTER

NOTIFICATION BY POINT OF CONTACT: ROBERT KNECHT, 570-615-

7242.

COST PER CYLINDER: $_________

0030 1 Lot OPTION Option Yr 4 Compressed Argon

FFP

Period of Performance 17 July 2026 - 16 July 2027

POC:ROBERT KNECHT 570-615-7242

SERVICE: DELIVER COMPRESSED ARGON - 5M530 AR T 330 CF

COMPRESSED ARGON, AR T, INDUSTRIAL ARGON 330CF

APPROXIMATELY 114 PER YEAR EMERGENCY SERVICE MUST BE

PROVIDED WITHIN 24 HOURS AFTER NOTIFICATION BY POINT OF

CONTACT: ROBERT KNECHT, 570-615-7242.

COST PER CYLINDER: $_________

STATEMENT OF WORK

STATEMENT OF WORK

FOR DELIVERY OF

INDUSTRIAL GASES

This statement of work is for the delivery of industrial gases to Tobyhanna Army Depot per the schedule designated by the technical POC. Contractor must make a delivery within 5 business days from receipt of order contractor will supply POC. With an itemized order form via E-mail upon notification of the technical POC. , robert.a.knecht.civ@army.mil

COMPRESSED INDUSTRIAL HELIUM- 5M530 HE T

COMPRESSED INDUSTRIAL HELIUM, HE T, Industrial Helium 293cf

APPROXIMATELY 120 PER YEAR.

COST/CYLINDER:

Quantities will be ordered as needed over a period of one year

COMPRESSED INDUSTRIAL ACETYLENE - 5M530 AC 4.5

COMPRESSED INDUSTRIAL ACETYLENE, AC 4.5, Industrial Acetylene 225cf

APPROXIMATELY 10 PER YEAR.

COMPRESSED INDUSTRIAL OXYGEN - 5M530 OX H

COMPRESSED INDUSTRIAL OXYGEN, OX H, Industrial Oxygen 250cf

APPROXIMATELY 20 PER YEAR.

COMPRESSED ARGON /CO2- 5M530 AR STAR14-T

COMPRESSED ARGON/CO2, AR STAR14-T /25% CO2 / 75% Argon

APPROXIMATELY 56 PER YEAR.

COMPRESSED ARGON - 5M530 AR T 330 CF

COMPRESSED ARGON, AR T, INDUSTRIAL ARGON 330CF

APPROXIMATELY 114 PER YEAR.

COST/CYLINDER:

Quantities will be ordered as needed over a period of one year COMPRESSED Nitrogen - 5M530- 5% Carbon Dioxide/35% Nitrogen/ 60% Helium

262CF

COMPRESSED Nitrogen, 5% Carbon Dioxide/35% Nitrogen/ 60% Helium 262CF INDUSTRIAL Nitrogen 262CF APPROXIMATELY 20 PER YEAR

Point of contact for all industrial gases is Robert A. Knecht, PH: 570-615-7242 Emergency services must be provided within 24 hours after notification

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government 0028 Destination Government Destination Government 0029 Destination Government Destination Government 0030 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 17-JUL-2022 TO

16-JUL-2023

N/A SEE BELOW FOR SEPARATE SHIPPING

INSTRUCT

XXX

XXX PA 00000

W25G1V

0002 POP 17-JUL-2022 TO

16-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 17-JUL-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 17-JUL-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 17-JUL-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 17-JUL-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 17-JUL-2023 TO

16-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 17-JUL-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 17-JUL-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 17-JUL-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 17-JUL-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 17-JUL-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 17-JUL-2024 TO

16-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 17-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0015 POP 17-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0016 POP 17-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0017 POP 17-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0018 POP 17-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0019 POP 17-JUL-2025 TO

16-JUL-2026

N/A (SAME AS PREVIOUS LOCATION)

0020 POP 17-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0021 POP 17-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0022 POP 17-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0023 POP 17-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0024 POP 17-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

0025 POP 17-JUL-2026 TO

16-JUL-2027

N/A (SAME AS PREVIOUS LOCATION)

0026 POP 17-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0027 POP 17-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0028 POP 17-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0029 POP 17-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

0030 POP 17-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-6 Unique Entity Identifier OCT 2016 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.207-4 Economic Purchase Quantity-Supplies AUG 1987 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

DEC 2021

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

DEC 2021

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

JAN 2022

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990 52.222-50 Combating Trafficking in Persons DEC 2021

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-18 Place of Manufacture AUG 2018 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic MAR 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541990.

(2) The small business size standard is $16,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

(a) Definitions. As used in this clause--

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials,…

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