RFP 80KSC022R0009 Agency-wide Supply of Gaseous and Liquid Helium.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

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

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

80KSC022R0009

DATE

6/29/2022

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DA TE/

7. FOR SOLICITATION

calls) LOCAL TIME

INFORMATION CALL:

See 6.1.(a) See 6.1.(a) See 6.2.(a)

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

NASA/John F. Kennedy Space Center WOMEN-OWNED SMALL BUSINESS ---

SMALL BUSINESS □ (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Procurement Office, Mail Code: OP-OS □ HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

Kennedy Space Center, Florida 32899 BUSINESS

□ EDWOSB

□ SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS D8<A>

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS □ 13a. THIS CONTRACT IS A

MARKED RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

□ SEE SCHEDULE □RFQ D1FB IR]RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE I

Same as Block 9 Same as Block 9

17a. CONTRACTOR/ GODEi I FACILITY 18a. PAYMENT WILL BE MADE BY CODE I OFFEROR CODE

See 3.1

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED □ SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NASA Agency-wide Supply of Gaseous and Liquid Helium

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

IR] 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 212-1. 52 212-4. FAR 52.212-3 AND 52 212-5 ARE ATTACHED. ADDENDA

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

IRl ARE □ ARE NOT ATTACHED

□ ARE □ ARE NOT ATTACHED

□ 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ___ □ 29. AWARD OF CONTRACT REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED . YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DA TE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 212012)

Prescribed by GSA - FAR (48 CFR} 53.212

STANDARD FORM 1449 (REV. 2/2012) BACK

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:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

NASA Agency-wide Supply of Gaseous and Liquid Helium

NASA Agency-wide Supply of Gaseous and Liquid Helium 80KSC022R0009

TABLE OF CONTENTS

SECTION 1 STANDARD FORM (SF) 1449……………………………………………………………..1

SECTION 2 CONTINUATION OF THE SF 1449

2.1 SCHEDULE OF SUPPLIES/SERVICES

2.2 GASEOUS AND LIQUID HELIUM PRODUCT UNIT PRICE

2.3 DELIVERY CHARGE

2.4 PRICE ADJUSTMENT FOR VARIANCES IN RETAIL ON-HIGHWAY DIESEL FUEL

PRICES

2.5 OTHER PRICING

2.6 PERFORMANCE SPECIFICATION

2.7 ORDERING PERIODS

2.8 DELIVERY LOCATIONS

SECTION 3 CONTRACT CLAUSES

3.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS–

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES: TAILORED

PARAGRAPHS

3.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

3.3 FAR 52.216-18 ORDERING (AUG 2020)

3.4 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

3.5 FAR 52.216-21 REQUIREMENTS (OCT 1995)

3.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

3.7 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

3.8 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

3.9 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989) . 34

3.10 NFS 1852.245-71 INSTALLATION ACCOUNTABLE GOVERNMENT PROPERTY (JUN

2018)

3.11 NFS 1852.245-73 FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY

OF CONTRACTORS (JAN 2017)

3.12 NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PURSUANT TO

FAR 52.245–1 (JAN 2011)

3.13 DELIVERY REQUIREMENTS

3.14 LABORATORY ANALYSIS

3.15 PRODUCT INTEGRITY CONTROL

3.16 FLASH REPORTS

3.17 CONTINGENCY EMERGENCY OR MISSION CRITICAL SUPPORT

3.18 CENTER SPECIFIC CLAUSES

SECTION 4 LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION 5 SOLICITATION PROVISIONS

5.1 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLLANCE SERVICES OR EQUIPMENT (NOV 2021)

5.2 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

5.3 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

5.4 FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS --

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

ALTERNATE I (OCT 2014)

5.5 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (SEP 2021)

ALTERNATE I (SEP 2015)

5.6 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION 6 PROPOSAL INSTRUCTIONS

6.1 CONTINUATION OF SF 1449 BLOCK 7

6.2 CONTINUATION OF SF 1449 BLOCK 8

6.3 ADDENDUM TO FAR 52.212-1 OFFERORS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021): TAILORED PARAGRAPHS

6.4 REQUIREMENTS FOR PROPOSAL CONTENT

SECTION 7 EVALUATION FACTORS FOR AWARD

7.1 ADDENDUM TO FAR 52. 212-2 EVALUATION-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

7.2 EVALUATION PROCESS

7.3 VOLUME 1: TECHNICAL ACCEPTABILITY

7.4 VOLUME 2: PRICE

SECTION 2 CONTINUATION OF THE SF 1449

2.1 SCHEDULE OF SUPPLIES/SERVICES

This is an indefinite delivery (ID) requirements contract which will result in firm fixed-price delivery orders for the purchase of gaseous and liquid helium. The delivery locations and estimated quantities are specified in the Schedule of Supplies, Section 2.1.1 as Contract Line Item Numbers (CLINs).

(a) The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver the items as specified in the schedule of supplies located in Section 2.1.1 and the attachments and documents specified in Section 4.

(b) All work shall be initiated through delivery orders issued by the following Centers: Glenn Research Center (GRC) for GRC and GRC Armstrong Test Facility (ATF); Goddard Space Flight Center (GSFC); Jet Propulsion Lab (JPL); Johnson Space Center (JSC) for JSC and White Sands Test Facility (WSTF); Kennedy Space Center (KSC) for KSC and Cape Canaveral Space Force Station (CCSFS), Langley Research Center (LaRC); Marshall Space Flight Center (MSFC) for MSFC and Michoud Assembly Facility (MAF); Stennis Space Center (SSC) and Wallops Flight Facility (WFF) for WFF and Columbia Scientific Balloon Facility (CSBF) Offices of Procurement.

(1) Delivery orders shall be issued in accordance with FAR 52.216-18 Ordering; FAR 52.216-19 Order Limitations; and subject to the terms and conditions of this contract.

(2) Delivery orders shall be subject to NFS 1852.232-77 Limitation of Funds (Fixed-Price Contract).

2.1.1 SCHEDULE OF SUPPLIES TABLE FOR GASEOUS AND LIQUID HELIUM

CLIN LOCATION CONTAINER UNIT

BEST ESTIMATED QUANTITY

SPEC.

GRADE

BASE

YEAR 1

(10/01/22 - 09/30/23)

CLIN 00X

BASE

YEAR 2

(10/01/23 - 09/30/24)

CLIN 00X

OPTION

PERIOD 1

(10/01/24 - 09/30/25)

CLIN 10X

1 CSBF TX Trailer Scf 640,000 640,000 640,000 Grade A 2 CSBF NM Trailer Scf 3,840,000 3,840,000 3,840,000 Grade A 3 CSBF NM Dewar (500 Liter) Liter 15,000 15,000 15,000 N/A 4 CSBF CA ISO Scf 1,280,000 960,000 1,280,000 Grade A 5 CCSFS (LC-41) Tanker Liter 209,000 304,000 577,000 N/A 6 GRC Trailer (2400 Psig) Scf 450,000 450,000 450,000 Grade A 7 GRC-ATF Trailer (2400 Psig) Scf 1,082,000 1,082,000 1,082,000 Grade A 8 GSFC Dewar (60 Liter) Liter 1,020 1,020 1,020 N/A 9 GSFC Dewar (100 Liter) Liter 15,000 15,000 15,000 N/A 10 GSFC Dewar (250 Liter) Liter 3,500 3,500 3,500 N/A 11 GSFC Dewar (350 Liter) Liter 4,550 4,550 4,550 N/A 12 GSFC Dewar (500 Liter) Liter 10,000 10,000 10,000 N/A 13 JPL Trailer Scf 40,000 0 0 Grade A 14 JPL Dewar Liter 13,000 13,000 13,000 N/A 15 JSC Trailer Scf 150,000 150,000 150,000 Grade A 16 KSC Dewar Liter 700 700 700 N/A 17 LaRC Dewar Liter 900 900 900 N/A 18 MSFC Trailer Scf 3,850,000 5,100,000 5,100,000 Grade A 19 MSFC Dewar Liter 650 650 650 N/A 20 MAF Trailer Scf 2,030,000 2,030,000 2,030,000 Grade A 21 MAF Dewar (500 Liter) Liter 40,000 40,000 40,000 N/A 22 SSC Trailer (2200 Psig) Scf 14,040,000 14,040,000 14,040,000 Grade A 23 WSTF Trailer Scf 1,140,000 1,140,000 1,140,000 Grade A

2.2 GASEOUS AND LIQUID HELIUM PRODUCT UNIT PRICE

The price for each CLIN shall be incorporated into the contract upon award.

CLIN

Base = 00X Option 1 = 10X

LOCATION UNIT

BASE PERIOD 1

GOVERNMENT

PROVIDED BEQ

(10/01/22 - 09/30/23)

CLIN 00X

BASE PERIOD 2

GOVERNMENT

PROVIDED BEQ

(10/01/23 - 09/30/24)

CLIN 00X

OPTION PERIOD 1

GOVERNMENT

PROVIDED BEQ

(10/01/24 - 09/30/25)

CLIN 10X

1 CSBF TX Trailer TBD TBD TBD 2 CSBF NM Trailer TBD TBD TBD 3 CSBF NM Dewar TBD TBD TBD

4 CSBF CA ISO TBD TBD TBD

5 CCSFS

(LC-41) Tanker TBD TBD TBD

6 GRC-LF Trailer TBD TBD TBD 7 GRC-ATF Trailer TBD TBD TBD 8 GSFC Dewar TBD TBD TBD 9 GSFC Dewar TBD TBD TBD 10 GSFC Dewar TBD TBD TBD 11 GSFC Dewar TBD TBD TBD 12 GSFC Dewar TBD TBD TBD 13 JPL Trailer TBD TBD TBD 14 JPL Dewar TBD TBD TBD 15 JSC Trailer TBD TBD TBD 16 KSC Dewar TBD TBD TBD 17 LaRC Dewar TBD TBD TBD 18 MSFC Trailer TBD TBD TBD 19 MSFC Dewar TBD TBD TBD 20 MAF Trailer TBD TBD TBD 21 MAF Dewar TBD TBD TBD 22 SSC Trailer TBD TBD TBD 23 WSTF Trailer TBD TBD TBD

2.3 DELIVERY CHARGE

The delivery charge for each CLIN shall be incorporated into the contract upon award.

Note: Refer to Section 2.4 Price Adjustment for Variances in Retailed On-Highway Diesel Fuel Prices, for applicable diesel fuel thresholds. Delivery charge is applied per delivery.

DELIVERY CHARGE BY DIESEL FUEL THRESHOLDS

BRACKET 1 2 3 4 5 6 7 8 9 10

CLIN LOCATION TYPE

$0.00- $2.25

$2.26- $2.75

$2.76- $3.25

$3.26- $3.75

$3.76- $4.25

$4.26- $4.75

$4.76- $5.25

$5.26- $5.75

$5.76- $6.25

$6.26- $6.75

1 CSBF, TX Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 2 CSBF, NM Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 3 CSBF, NM Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

4 CSBF, CA ISO TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

CCSFS (LC-

41) Tanker TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

6 GRC-LF Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 7 GRC-ATF Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 8 GSFC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 9 GSFC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

10 GSFC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 11 GSFC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 12 GSFC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 13 JPL Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 14 JPL Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 15 JSC Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 16 KSC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 17 LaRC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 18 MSFC Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 19 MSFC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 20 MAF Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 21 MAF Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 22 SSC Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 23 WSTF Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

2.4 PRICE ADJUSTMENT FOR VARIANCES IN RETAIL ON-HIGHWAY DIESEL

FUEL PRICES

(a) The delivery charges shown in the Section 2.3 Delivery Charge, shall be subject to quarterly price adjustment based on the changes in the Retail On-Highway Diesel Fuel Price (U.S.

Average) as published by the Energy Information Administration, Official Energy Statistics from the U.S. Government < http://www.eia.doe.gov/>.

(b) Computation of Contract Price Adjustments: Not later than the first week of each quarter, the Contracting Officer will enter the actual Retail On-Highway Diesel Fuel Price (U.S.

Average) in the table below and compare it to the fuel thresholds identified in Section 2.3 Delivery Charge.

1 The revised threshold may be the same as the existing threshold.

2.5 OTHER PRICING

Other Pricing shall apply to Sections 2.5.1 through 2.5.8 and shall be incorporated into the contract as Attachment 3, Other Pricing.

Date Price Existing Revised 1

10/01/2022 - 12/31/2022 9/19/2022 TBD N/A TBD BASIC

01/01/2023 - 03/31/2023 12/19/2022 TBD TBD TBD TBD

04/01/2023 - 06/30/2023 3/20/2023 TBD TBD TBD TBD

07/01/2023 - 09/30/2023 6/19/2023 TBD TBD TBD TBD

10/01/2023 - 12/31/2023 9/18/2023 TBD TBD TBD TBD

01/01/2024 - 03/31/2024 12/18/2023 TBD TBD TBD TBD

04/01/2024 - 06/30/2024 3/18/2024 TBD TBD TBD TBD

07/01/2024 - 09/30/2024 6/17/2024 TBD TBD TBD TBD

10/01/2024 - 12/31/2024 9/23/2024 TBD TBD TBD TBD

01/01/2025 - 03/31/2025 12/23/2024 TBD TBD TBD TBD

04/01/2025 - 06/30/2025 3/24/2025 TBD TBD TBD TBD

07/01/2025 - 09/30/2025 6/23/2025 TBD TBD TBD TBD

Delivery Charge Threshold

Retail On-Highway Diesel Fuel Price

ModQuarterly Periods

2.5.1 RENTAL

Rental will be applicable when the Contractor is using their equipment (dewar, trailer, tanker) to transport and deliver helium to a delivery location and that equipment is retained at the delivery location for a minimum of one day.

(End of clause)

2.5.2 INABILITY TO ACCEPT DELIVERY

When the Contractor makes a delivery to a destination and the delivery conveyance cannot be accepted due to storage tank problems or for other reasons under the control of the receiving organization, and through no fault of the Contractor, product charges will not be incurred;

however, transportation charges will be based on the round-trip miles at the transportation price per mile. The round trip mileage shall originate at the distribution facility (transfill facility unless production facility is the transfill facility) identified in Attachment 2, Capability Form. If a delivery is cancelled by the Government enroute to the delivery location, the roundtrip mileage will be calculated based on the mileage incurred until the enroute cancellation takes place.

Mileage will be based on a current internet mapping tool.

(End of clause)

2.5.3 EMERGENCY DELIVERY

The Government will provide notice prior to requiring delivery of ordered product as set forth in Attachment 1, Statement of Work (SOW). When the Contractor agrees to make an accelerated delivery versus the delivery time specified in the contract, the Emergency Delivery charge (per occurrence) will apply, in addition to the normal delivery charges.

(End of clause)

2.5.4 ONE WAY MILEAGE

One way mileage will be applicable when the Contractor is directed to drop off or pick up a trailer(s), tanker(s), dewar(s) and is unable to haul another trailer, tanker, dewar(s) for half of the route (also known as a dead-head or bob-tail run). This charge will not apply if the Contractor chooses not to pick up available empty trailer(s), tanker(s), dewar(s) at the time of delivery of full trailer(s), tanker(s), dewar(s).

(End of clause)

2.5.5 PURGING AND COOL-DOWN

Purging and/or cooldown of liquid helium tankers and dewars, as well as purging of gaseous helium trailers and ISO containers, shall be required to be performed by the Contractor to meet applicable safety standards and to maintain purity of the product and associated containers.

(End of clause)

2.5.6 DEMURRAGE

The Government will pay the Contractor demurrage for all delays in unloading propellant delivery tankers/trailers in excess of 4 hours after arrival and check-in at place of delivery if such delay is without the fault or negligence of the Contractor and is not caused by the failure of the Contractor's equipment. If more than one tanker/trailer is scheduled for the same arrival time, demurrage charges shall begin 4 hours after the arrival time of the last tanker/trailer in the group, and end at the release of the last tanker/trailer in the group. The demurrage charge shall be paid to the Contractor per quarter-hour or fraction thereof. No demurrage charges shall be billed or paid for the loading of any propellant delivery tankers/trailers. If the free time has been exceeded, the driver, upon leaving the site, shall leave the consignee written documentation showing the date, time of arrival, time of departure, cause of delay, if known, and information identifying the shipment. The driver shall sign such documentation and shall request the consignee to do likewise. A copy thereof, as proof of delay, shall accompany all invoices for demurrage. Reasons for such delay shall be annotated on the Material Inspection and Receiving Report (i.e., Block 23C of the DD Form 250), or other documentation, and signed by the driver.

The Contractor shall ensure that all deliveries from a multi-source operation shall be provided at the lowest overall cost to the Government.

(End of clause)

2.5.7 TUBE REMOVAL/REPLACE (MEET DOT REQUIREMENT)

Price includes all fixed, variable, and incremental costs associated with tube removal/replacement.

(End of clause)

2.5.8 ISO MODULE MOBILIZATION

Price includes all fixed, variable, and incremental costs associated with tube ISO Module Mobilization.

2.6 PERFORMANCE SPECIFICATION

All requirements delivered under this contract shall be provided in accordance with the following performance specification, available online at the internet address referenced below:

(1) Department of Defense (DoD), Military Performance Specification MIL-PRF-27407D Revision D, “Propellant Pressuring Agent, Helium.” Military Performance Specification documents are publicly available to prospective offerors via the Defense Logistics Agency Web Page:https://quicksearch.dla.mil/qsSearch.aspx.

(2) Product supplied shall fully meet the requirements of the applicable specification as indicated in the Supply Schedule, except as modified elsewhere in this contract.

(3) Note: The test method for neon identified in Table I of MIL‐PRF‐27407D may be accomplished by using the assurance method identified at Section 4.5a. of MIL‐PRF‐ 27407D, provided the Contractor adheres to the following conditions: (1) Gaseous helium (Grade A and/or Grade B) is produced by vaporization of liquid helium. (2) Analysis of the liquid helium indicates that total neon impurities is less than 2 parts per million. (3) Liquid helium analysis shall accompany shipments of gaseous helium as part of the Laboratory Analysis Report. Contractor shall attach the liquid helium analysis results to the Laboratory Analysis Report. Neon analysis/analytical results shall be clearly identified on the liquid helium analysis. (4) There is no source of neon during the vaporization, compression and filling operations that convert the liquid helium to the final delivered pressurized gaseous helium. (5) Certificate of conformance shall certify the gaseous helium supplied meets or exceeds the appropriate grade purity specified in MIL‐PRF‐27407D.

(End of clause)

2.7 ORDERING PERIODS

The ordering periods of this contract are as follows:

Base Period 1: October 1, 2022, through September 30, 2023

Base Period 2: October 1, 2023 through September 30, 2024

Option Period 1: October 1, 2024, through September 30, 2025 https://quicksearch.dla.mil/qsSearch.aspx

2.8 DELIVERY LOCATIONS

Gaseous and Liquid Helium under this contract shall be delivered to the following locations:

Columbia Scientific Balloon Facility (CSBF), Palestine, TX Columbia Scientific Balloon Facility (CSBF), Ft. Sumner, NM Columbia Scientific Balloon Facility (CSBF), Pt. Hueneme, CA Cape Canaveral Space Force Station, (CCSFS), Cape Canaveral, FL Glenn Research Center (GRC), Cleveland, OH Glenn Research Center (GRC) / Armstrong Training Facility (ATF), Sandusky, OH Goddard Space Flight Center (GSFC), Greenbelt, MD Jet Propulsion Lab (JPL), Pasadena, CA Johnson Space Center (JSC), Houston, TX Kennedy Space Center (KSC), Kennedy Space Center, FL Langley Research Center (LaRC), Hampton, VA Marshall Space Flight Center (MSFC), Huntsville, AL Michoud Assembly Facility (MAF), New Orleans, LA Stennis Space Center (SSC), Stennis Space Center, MS White Sands Test Facility (WSTF), Las Cruces, NM

SECTION 3 CONTRACT CLAUSES

3.1 ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS–

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES: TAILORED

PARAGRAPHS

Paragraph (a) is tailored to add the following paragraphs:

(3) Material Inspection and Receiving Report

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

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

A legible copy of the applicable Contractor certified weight ticket or pressure/temperature readings shall be attached to each copy of the Material Inspection and Receiving Report submitted for each delivery. The certified weight ticket or pressure/temperature readings shall include the associated shipment number and tanker and/or tube trailer number as cross reference to the Material Inspection and Receiving Report. The foregoing documentation shall be submitted with all invoices.

Contractor shall overprint, in an appropriate space on each Material Inspection and Receiving Report, any applicable tanker/trailer unloading demurrage incurred in accordance with this contract. Such demurrage shall be certified by personnel of the receiving activity who are not in the employ of the Contractor. At the Government's option, and when available, Government personnel may be required to certify demurrage charges.

(4) Certificate of Conformance

A certificate of conformance shall accompany each delivery to verify product quality in accordance with the contract performance specification to include proper documentation and laboratory analysis from point of origin.

The Contractor's Designated Representative shall sign and date the certificate of conformance. Attach the certificate or enter it on the copy of the DD Form 250, or equivalent commercial document.

The certificate of conformance should be prepared as follows:

I certify that on ______ [date], _______[Contractor’s name] furnished the supplies called for by Contract No._____ via ____ [Carrier company name] on ________ [identify the bill of lading or shipping document number] in accordance with all applicable requirements of the contract.

I further certify that the supplies are of the quality specified and conform in all respects with the contract requirements, including specifications, and physical item identification, and are in the quantity shown on this or on the attached acceptance document.

Contractor Designated Representative Signature: ____________________ Date: __________ Title: ___________________

(5) Determination of Billing

The delivered product price per unit includes all product and transportation costs for the quantities delivered and accepted. The unit price shall be F.O.B. destination.

Liquid helium: Determining the quantity of product delivered for billing purposes shall be accomplished in accordance with the following procedures: Scales used in determining weights as required by these procedures shall be certified and must meet all specifications and user requirements and tolerance as stated in the National Institute of Standards and Technology (NIST) Handbook 44. The maximum error will not exceed plus or minus two-tenths of 1 percent of the load being weighed. Such scales will be calibrated yearly, and records of this calibration will be maintained for a minimum of one year and made available to the Contracting Officer or their designated representative upon request.

Bulk liquid helium tankers: The scales at the Contractor fill location will be the preferred scales for determining tanker weights. In the event the Contractor’s scales are out of operation or otherwise unavailable, an alternate scale can be used after approval by the Contracting Officer.

The weight of the delivered and returned helium will be determined as follows:

For delivered helium: The tankers liquid nitrogen shields shall be filled prior to weighing the full tanker for delivery. The empty weight of the tanker with full nitrogen shields will be subtracted from the full shipped tanker weight with full nitrogen shields. The resulting weight will be the net amount of the delivered helium, for which the Government will pay. The following conversion factors will be applied to convert the weight to liters:

1 Pound = 3.631 Liters = 0.9590 Gallon = 96.72 Standard Cubic Feet

0.2754 Pound = 1 Liter = 0.2642 Gallon = 26.63 Standard Cubic Feet

1.042 Pounds = 3.785 Liters = 1 Gallon = 100.82 Standard Cubic Feet

For returned helium: When the delivery is completed and the tanker is returned to the Contractor, the returned tanker’s liquid nitrogen shields shall be filled prior to weighing the tanker. The empty weight of the tanker with full nitrogen shields will be subtracted from the returned tanker weight with full nitrogen shields. The resulting weight will be the weight of the returned helium, for which the Government will receive full credit. Conversion factors as cited above will be applied to convert the weight to liters.

A copy of the Contractor certified weight ticket(s), with shipment number and trailer/container number affixed, will accompany the Material Inspection and Receiving Report for payment.

Liquid helium dewars: The scales at the Contractor fill location will be the preferred scales for determining the weight of liquid helium delivered in dewars. In the event the Contractor’s scales are out of operation or otherwise unavailable, an alternate scale can be used after approval by the Contracting Officer. The tare weight of the dewar will be subtracted from the gross weight and the resulting figure will be net amount for which the Government will pay. A copy of the Contractor certified weight ticket(s), with shipment number and trailer/container number affixed, will accompany the Material Inspection and Receiving Report for payment.

Gaseous helium: The Contractor shall utilize Bureau of Mines Information Circular 8367, “Computing Volume of Helium in Cylindrical Steel Containers at 10 to 10,000 PSIA of April 1997” to determine the amount of helium supplied. The Contractor’s utilization of a computerized measurement system utilizing calculations based on the Bureau of Mines Information Circular 8367 will be considered acceptable. The Government will receive full credit on returned bulk gaseous helium.

Alternate method: The Contractor may utilize a method of product measurement, other than those set forth above, provided it is first approved and authorized in writing by the KSC Agency-wide Contracting Officer.

(6) Quality Assurance, Inspection and Acceptance

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

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

The Contractor shall maintain records of inspections and tests performed on the items of this contract. All records and tests shall be traceable to the helium delivered and shall include applicable tanker/trailer number, serial number, lot number, or any other acceptable method of identification. These records shall be made available to the Government, upon request, during the performance of this contract.

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

storage; analytical instruments and scale calibrations; sampling; and analysis.

Operating plans or procedures shall be submitted to the Government upon request.

Final inspection and acceptance shall be accomplished at the receiving destination.

Acceptance shall occur upon signoff by the receiving destination on the appropriate material inspection and receiving report.

All applicable requirements that are invoked or applied to the customer’s purchasing document, including this clause, shall be flowed down to the organization’s sub-tier suppliers.

Paragraph (g) is tailored to add the following paragraphs:

(3) The Contractor shall submit all vouchers and invoices using the steps described at

NSSC’s Vendor Payment information web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer

Contact Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.

(4) Improper invoices. The NSSC Payment Office will notify the Contractor of any apparent error, defect, or impropriety in vouchers/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (3) of this Section.

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

Paragraph (m) is tailored to add the following paragraphs:

(a) In the event the Contractor is unable to meet its delivery obligations from the specified sources, the Contractor may supply the deficient quantities from other sources at the price agreed to in Section 2.2 of this contract.

(b) If such deficient quantities are not so supplied, the Government may acquire helium from other sources to the level of the quantities deficient, and the Contractor shall pay the Government the difference between the delivered price from such other source and the applicable delivered price under Section 2.2 of this contract. In this situation, the Government will pay the full price for the spot delivery and may short pay the Contractor, on the next applicable invoice, an amount equal to the difference between the Contractor’s normal price to the Government, and the price the Government paid for the spot delivery.

(c) In the event the Contractor continues to fail to deliver, correct deficiencies, or comply with contract terms and conditions, the Government may invoke its right to terminate for cause.

Paragraph (o) is replaced as follows:

(o) Warranty.

The items delivered hereunder will meet the specifications defined in Section 2.6, Performance Specification. The Government may reject any item which does not meet the specifications and no charge will be made for the item so rejected. No claim of any kind with respect to the conformance of items to the foregoing specifications, whether or not based on negligence, warranty, strict liability, or any other theory of law, will be greater than the price of the quantity of nonconforming item(s) in respect to which such claim is made. The foregoing constitutes the Government’s exclusive remedy and the Contractor’s sole obligation with respect to any such claim for not meeting the specifications. “There are no express warranties by Contractor other than those specified in this section 52.212-4 (o). No warranties by Contractor (other than warranty of title as provided in the uniform commercial code) will be implied or otherwise created under the uniform commercial code including warranty of merchantability and warranty of fitness for a particular purpose.” This limited remedies section for failure to meet the expressed warranty stated herein shall have no application to or impact on the Government’s remedies under paragraph (m) Termination for cause of this section.

(End of addendum)

3.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUES OR EXECUTIVE ORDERS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(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 and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV2021) (Section 89(a)(1)(A) of Pub. L. 115- 232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 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).

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

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (5) [Reserved]

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

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

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C.

6101 note).

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

[ ] (10) [Reserved]

[ ] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[ ] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

[ ] (13) [Reserved]

[ ] (14) (i) 52.219-6, Notice of Total Small Business Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.

637(d)(2) and (3)).

[ ] (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (SEP 2021) of 52.219-9.

[ ] (18) (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.

[ ] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

[ ] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22) (i)52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[X] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C.

637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEPT 2021) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (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.)

[ ] (37) (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.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

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

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

[ ] (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

[X] (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

[ ] (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2021) (41 U.S.C. chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

[ ] (ii) Alternate I (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3.

[ ] (iv) Alternate III (JAN 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[X] (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. 2302Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.

5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (56) 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)).

[ ] (57) 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] (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.

637(d)(13)).

[ ] (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (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:

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67.).

[ ] (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).

[ ] (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 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).

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O. 11246).

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

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

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

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

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

(xiii)

(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).

(xiv) 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.)

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

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

13706).

(xix)

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

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

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