80KSC023R0022 NANO 4 Terms and Conditions.pdf

NASA Agency-wide Acquisition of Nitrogen and Oxygen 4 80KSC023R0022

TABLE OF CONTENTS

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

SECTION 2 CONTINUATION OF THE SF 1449

2.1 SCHEDULE OF SUPPLIES

2.2 LIQUID NITROGEN AND LIQUID OXYGEN PRODUCT PRICE

2.3 ECONOMIC PRICE ADJUSTMENT

2.4 OTHER PRICING

2.5 PERFORMANCE SPECIFICATION

2.6 ORDERING PERIOD

2.7 DELIVERY LOCATIONS

2.8 IDIQ CLIN POOL

2.9 IDIQ CLIN POOL OPT-IN

2.10 ANNUAL SITE INSPECTIONS

SECTION 3 CONTRACT CLAUSES

3.1 ADDENDUM TO FAR 52.212-4 (NOV 2023), 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 (FEB 2024)

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)--(Applicable to CLINs 1 - 25 Only)

3.6 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)--(Applicable to CLIN 26 Only)

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) . 32

3.10 CENTER SPECIFIC CLAUSES

3.11 DELIVERY REQUIREMENTS

3.12 MATERIAL INSPECTION AND RECEIVING REPORT

3.13 LABORATORY ANALYSIS

3.14 CERTIFICATE OF CONFORMANCE

3.15 DETERMINATION OF BILLING

3.16 QUALITY ASSURANCE, INSPECTION AND ACCEPTANCE

3.17 PRODUCT INTEGRITY CONTROL

3.18 FLASH REPORTS

3.19 FAIR OPPORTUNITY

3.20 CONTRACT ADMINISTRATION

SECTION 4 LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION 5 SOLICITATION PROVISIONS

5.1 FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

5.2 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

5.5 FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024) ALTERNATE

I (FEB 2024)

5.6 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

ALTERNATE I (FEB 2024)

5.7 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 (SEP 2023): 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

7.4 VOLUME 2: PRICE

SECTION 2 CONTINUATION OF THE SF 1449

2.1 SCHEDULE OF SUPPLIES

This is a fixed-price requirements contract with economic price adjustment (FPEPA) and an indefinite delivery indefinite quantity (IDIQ) Contract Line Item Number (CLIN), which will result in fixed-price delivery orders for the purchase of liquid nitrogen and liquid oxygen. The delivery locations and estimated quantities are specified as CLINS in the Schedule of Supplies, Section 2.1.

(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: Ames Research Center (ARC), Glenn Research Center (GRC) for GRC/Neil A. Armstrong Test Facility (ATF), Goddard Space Flight Center (GSFC), Jet Propulsion Laboratory (JPL), Johnson Space Center (JSC), Kennedy Space Center (KSC) for KSC/Cape Canaveral Space Force Station (CCSFS), Langley Research Center (LaRC), Michoud Assembly Facility (MAF), Marshall Space Flight Center (MSFC), Stennis Space Center (SSC), and White Sands Test Facility (WSTF) 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).

(c) The total guaranteed minimum amount under IDIQ CLIN 26 and subsequent subCLINS listed in

2.1.2 Schedule of Supplies Table for Liquid Nitrogen and Liquid Oxygen IDIQ will be based on the requirement for annual site inspections in Section 2.10. The guaranteed minimum does not apply if the contract is terminated for cause.

(d) The maximum amount of all orders which may be required under IDIQ CLIN 26 and subsequent subCLINS listed in 2.1.2 Schedule of Supplies Table for Liquid Nitrogen and Liquid Oxygen IDIQ will not exceed $9.2 million which represents the maximum value for the contract ordering period from July 1, 2024, through June 30, 2029.

NASA Agency-wide Acquisition of Nitrogen and Oxygen 4 80KSC023R0022

2.1.1 SCHEDULE OF SUPPLIES TABLE FOR LIQUID NITROGEN AND LIQUID OXYGEN - REQUIREMENTS

BEQ

YEARLY

Contract Year 1

BEQ

YEARLY

Contract Year 2

BEQ

YEARLY

Contract Year 3

BEQ

YEARLY

Contract Year 4

BEQ

YEARLY

Contract Year 5

BEQ

TOTAL

(all 5 years)

CLIN LOCATION/ DESCRIPTION NITROGEN SPECIFICATION

UNIT OF

MEASURE

MINIMUM MAX DAILY MAX WKLY MAX MTHLY 7/1/24-6/30/25 7/1/25-6/30/26 7/1/26-6/30/27 7/1/27-6/30/28 7/1/28-6/30/29 7/1/2024-6/30/2029

1 ARC CGA G-10 1 Type II Grade L Liter 1,000 25,000 30,000 40,000 148,000 148,000 148,000 148,000 148,000 740,000

2 GRC/ATF CGA G-10 1 Type II Grade L Ton 10 125 875 2,750 10,476 11,313 16,130 18,430 10,476 66,825

3 Reserved

4 GRC/ATF (high use testing) CGA G-10 1 Type II Grade L Ton 115 184 1,150 3,450 2,000 2,000 2,000 2,000 2,000 10,000

5 GSFC CGA G-10 1 Type II Grade L Gallon 8,000 21,600 30,000 35,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 10,000,000

JPL CGA G-10 1 Type II Grade M Gallon 1,000 32,500 84,500 331,500 JPL (high use testing) CGA G-10 1 Type II Grade M Gallon 6,000 58,500 117,000 487,500 JSC CGA G-10 1 Type II Grade L Ton 20 75 352 1,500 JSC (high use testing) CGA G-10 1 Type II Grade L Ton 20 175 1,100 4,000

8 JSC Lunar MIL-PRF-27401H Type II Modified Grade C Ton 20 40 80 160 1,000 1,100 1,200 1,250 1,250 5,800

9 KSC/CCSFS CGA G-10 1 Type II Grade L Ton 20 80 160 320 2,500 2,500 2,500 2,700 2,700 12,900

10 LaRC MIL-PRF-27401H Type II Grade B Gallon 500 12,000 24,000 98,000 220,000 220,000 220,000 220,000 220,000 1,100,000

11 LaRC MIL-PRF-27401H Type II Grade C Gallon 6,000 6,000 12,000 48,000 300,000 300,000 300,000 300,000 300,000 1,500,000

12 MAF CGA G-10 1 Type II Grade L Ton 23 23 92 345 2,760 2,760 2,760 2,760 2,760 13,800

13 MSFC CGA G-10 1 Type II Grade L Ton 96 264 960 5,280 54,500 56,000 56,000 56,000 56,000 278,500

14 SSC MIL-PRF-27401H Type II Grade B Ton 23 276 1,000 4,000 36,000 36,000 36,000 36,000 36,000 180,000

15 WSTF CGA G-10 1 Type II Grade L Ton 23 52 78 286 1,200 1,200 1,200 1,200 1,200 6,000

BEQ

YEARLY

Contract Year 1

BEQ

YEARLY

Contract Year 2

BEQ

YEARLY

Contract Year 3

BEQ

YEARLY

Contract Year 4

BEQ

YEARLY

Contract Year 5

BEQ

TOTAL

(all 5 years)

CLIN LOCATION/ DESCRIPTION OXYGEN SPECIFICATION

UNIT OF

MEASURE

MINIMUM MAX DAILY MAX WKLY MAX MTHLY 7/1/24-6/30/25 7/1/25-6/30/26 7/1/26-6/30/27 7/1/27-6/30/28 7/1/28-6/30/29 7/1/2024-6/30/2029

16 GRC/ATF MIL-PRF-25508J Type II Grade A Ton 10 80 240 400 585 602 502 185 185 2,059 17 JSC MIL-PRF-27210J Type II Gallon 450 4,500 6000 8000 20,000 20,000 20,000 20,000 20,000 100,000 18 KSC/CCSFS (LO2 Yard) MIL-PRF-25508J Type II Grade A Ton 20 70 130 200 1,000 1,000 1,000 1,000 1,000 5,000 19 KSC/CCSFS (LO2 Pad CCSFS) MIL-PRF-25508J Type II Grade A Ton 20 276 1,104 1,104 7,050 7,050 7,200 6,000 6,000 33,300 20 KSC/CCSFS (SLS routine) MIL-PRF-25508J Type II Modified Grade A Ton 20 230 460 1,840 2,575 2,575 2,575 2,575 2,930 13,230 21 KSC/CCSFS (SLS launch) MIL-PRF-25508J Type II Modified Grade A Ton 100 230 690 2,760 0 1725 1725 1,725 1,725 6,900 22 LaRC MIL-PRF-25508J Type II Grade A Gallon 6,000 6,000 18,000 72,000 400,000 400,000 400,000 400,000 400,000 2,000,000 23 MSFC MIL-PRF-25508J Type II Grade A Ton 20 162 760 1,610 3,500 19,700 21,700 23,000 23,000 90,900 24 SSC MIL-PRF-25508J Type II Grade A Ton 20 240 1,440 4,000 10,500 10,500 9,000 9,000 9,000 48,000

WSTF MIL-PRF-25508J Type II Grade A Ton 23 23 104 416 WSTF (high use testing) MIL-PRF-25508J Type II Grade A Ton 23 78 312 920

Notes: Best Estimated Quantities (BEQs) are the best known estimates and are subject to change. Weekly is defined as a 7-day rolling period, monthly is defined as a 30-day rolling period.

2,640 2,640 14,720

ORDER LIMITATIONS

25 4,160 2,640 2,640

3,982,680 17,783,087

7 13,000 15,000 15,000 20,000 20,000 83,000

3,757,245

ORDER LIMITATIONS

6 3,154,656 3,343,935 3,544,571

NASA Agency-wide Acquisition of Nitrogen and Oxygen 4 80KSC023R0022

2.1.2 SCHEDULE OF SUPPLIES TABLE FOR LIQUID NITROGEN AND LIQUID OXYGEN - IDIQ

CLIN

26 IDIQ subCLIN LOCATION/ DESCRIPTION NITROGEN SPECIFICATION

UNIT OF

MEASURE

MINIMUM ORDER

LIMITATION

26.1 ARC CGA G-10.1 Type II Grade L Liter 1,000

26.2 GRC/ATF CGA G-10.1 Type II Grade L Ton 10

26.3 Reserved

26.4 GRC/ATF (high use testing) CGA G-10.1 Type II Grade L Ton 115

26.5 GSFC CGA G-10.1 Type II Grade L Gallon 8,000

JPL CGA G-10.1 Type II Grade M Gallon 1,000

JPL (high use testing) CGA G-10.1 Type II Grade M Gallon 6,000

JSC CGA G-10.1 Type II Grade L Ton 20

JSC (high use testing) CGA G-10.1 Type II Grade L Ton 20

26.8 JSC Lunar MIL-PRF-27401H Type II Modified Grade C Ton 20

26.9 KSC/CCSFS CGA G-10.1 Type II Grade L Ton 20

26.10 LaRC MIL-PRF-27401H Type II Grade B Gallon 500

26.11 LaRC MIL-PRF-27401H Type II Grade C Gallon 6,000

26.12 MAF CGA G-10.1 Type II Grade L Ton 23

26.13 MSFC CGA G-10.1 Type II Grade L Ton 96

26.14 SSC MIL-PRF-27401H Type II Grade B Ton 23

26.15 WSTF CGA G-10.1 Type II Grade L Ton 52

IDIQ SubCLIN LOCATION/DESCRIPTION OXYGEN SPECIFICATION

UNIT OF

MEASURE

MINIMUM ORDER

LIMITATION

26.16 GRC/ATF MIL-PRF-25508J Type II Grade A Ton 10

26.17 JSC MIL-PRF-27210J Type II Gallon 450

26.18 KSC/CCSFS (LO2 Yard) MIL-PRF-25508J Type II Grade A Ton 20

26.19 KSC/CCSFS (LO2 Pad CCSFS) MIL-PRF-25508J Type II Grade A Ton 20

26.20 KSC/CCSFS (SLS routine) MIL-PRF-25508J Type II Modified Grade A Ton 20

26.21 KSC/CCSFS (SLS launch) MIL-PRF-25508J Type II Modified Grade A Ton 100

26.22 LaRC MIL-PRF-25508J Type II Grade A Gallon 6,000

26.23 MSFC MIL-PRF-25508J Type II Grade A Ton 20

26.24 SSC MIL-PRF-25508J Type II Grade A Ton 20

WSTF MIL-PRF-25508J Type II Grade A Ton 23 WSTF (high use testing) MIL-PRF-25508J Type II Grade A Ton 78

26.6

26.7

26.25

NASA Agency-wide Acquisition of Nitrogen and Oxygen 4 80KSC023R0022

2.2 LIQUID NITROGEN AND LIQUID OXYGEN PRODUCT PRICE

The price for each CLIN shall be incorporated into the contract upon award. Subsequent periods shall be adjusted utilizing the procedures outlined in Section 2.3, Economic Price Adjustment.

Contract Period 1 07/01/24 - 09/30/24

Contract Period 2 10/01/24 - 12/31/24

Contract Period 3 01/01/25 - 03/31/25

Contract Period 4 04/01/25 - 06/30/25

Contract Period 1 07/01/25 - 09/30/25

Contract Period 2 10/01/25 - 12/31/25

Contract Period 3 01/01/26 - 03/31/26

Contract Period 4 04/01/26- 06/30/26

Contract Period 1 07/01/26 - 09/30/26

Contract Period 2 10/01/26 - 12/31/26

Contract Period 3 01/01/27- 03/31/27

Contract Period 4 04/01/27 - 06/30/27

Contract Period 1 07/01/27- 09/30/27

Contract Period 2 10/01/27 - 12/31/27

Contract Period 3 01/01/28 - 03/31/28

Contract Period 4 04/01/28- 06/30/28

Contract Period 1 07/01/28 - 09/30/28

Contract Period 2 10/01/28 - 12/31/28

Contract Period 3 01/01/29 - 03/31/29

Contract Period 4 04/01/29 - 06/30/29

1 Liter TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 2 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 3 Reserved 4 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 5 Gallon TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 6 Gallon TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 7 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 8 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 9 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 10 Gallon TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 11 Gallon TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 12 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 13 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 14 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 15 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 16 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 17 Gallon TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 18 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 19 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 20 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 21 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 22 Gallon TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 23 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 24 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 25 Ton TBP TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

Apr 2024 Jul 2024 Oct 2024 Jan 2025 Apr 2025 Jul 2025 Oct 2025 Jan 2026 Apr 2026 Jul 2026 Oct 2026 Jan 2027 Apr 2027 Jul 2027 Oct 2027 Jan 2028 Apr 2028 Jul 2028 Oct 2028 Through Through Through Through Through Through Through Through Through Through Through Through Through Through Through Through Through Through Through Jun 2024 Sep 2024 Dec 2024 Mar 2025 Jun 2025 Sep 2025 Dec 2025 Mar 2026 Jun 2026 Sep 2026 Dec 2026 Mar 2027 Jun 2027 Sep 2027 Dec 2027 Mar 2028 Jun 2028 Sep 2028 Dec 2028

EPA INDEX PERIODS

CLIN

UNIT OF

MEASURE

PRICE PER TON/GALLON/LITER

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5

2.3 ECONOMIC PRICE ADJUSTMENT

See Attachment 3, Economic Price Adjustment Clause

(End of clause)

2.4 OTHER PRICING

Other Pricing shall apply to Sections 2.4.1 through 2.4.5 and shall be incorporated into the contract as Attachment 4, Other Pricing.

(End of clause)

2.4.1 DEMURRAGE

The Government will pay the Contractor demurrage for all delays in unloading propellant delivery tankers in excess of 4 hours after arrival and check-in at place of delivery if such delay is without the fault or negligence of the Contractor and is not caused by the failure of the Contractor's equipment. If more than one tanker is scheduled for the same arrival time, demurrage charges shall begin 4 hours after the arrival time of the last tanker in the group, and end at the release of the last tanker 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. 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. 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)

2.4.2 EMERGENCY DELIVERY

The Government will provide notice to the Contractor prior to requiring delivery of ordered product as set forth in Attachment 1, Statement of Work (SOW). Less than 48 hours’ notice shall incur an emergency delivery charge at the price per tanker.

(End of clause)

2.4.3 HOT TANK FILL

A hot tank is a storage container which no longer contains any, or little, cryogen and has warmed to ambient temperature. A hot tank fill procedure is necessary for safe chill-down. The additional costs for the hot tank fill are in the form of labor and travel expenses to provide Contractor expertise, when requested by the Government, to safely perform the hot tank fill.

(End of clause)

2.4.4 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.

Transportation charges will be based on the round-trip miles at the transportation price per mile.

The round-trip mileage shall originate at the primary plant source identified in Attachment 2 or 2.1, 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 from the driver’s location at the time the cancellation is made. After cancellation, if the Contractor diverts to an alternate location for product delivery instead of returning to the primary production facility, mileage calculation shall not exceed what would have been the roundtrip mileage from the point of cancellation back to the primary production facility. The mileage calculation for invoicing purposes shall be based on a current internet mapping tool.

(End of clause)

2.4.5 SHORT NOTICE CHANGES

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

(End of clause)

2.5 PERFORMANCE SPECIFICATION

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

(1) Compressed Gas Association (CGA) G-10.1 2023 edition, entitled, “Commodity Specification for Nitrogen.” CGA specification documents are publicly available to prospective Offerors via the CGA web page:

https://portal.cganet.com/Publication/index.aspx

(2) Military Performance Specifications (MIL-PRF):

MIL-PRF-27401 (Rev. H) dated August 24, 2023, entitled, “Propellant Pressurizing Agent, Nitrogen” MIL-PRF-25508 (Rev. J) dated March 2, 2020, entitled, “Propellant, Oxygen” MIL-PRF-27210 (Rev. J) dated August 7, 2013, entitled, “Oxygen, Aviator’s

Breathing, Liquid and Gas” MIL-PRF specification documents are publicly available to prospective Offerors via the Defense Logistics Agency (DLA) webpage: http://quicksearch.dla.mil

(3) Product supplied shall fully meet the requirements of the applicable specification(s) as indicated in the Section 2.1.1 and 2.1.2, Schedule of Supplies, except as modified in Attachment 1, SOW.

Note: Please refer to Section 3.13, Laboratory Analysis for particulate testing requirements and optional analysis.

(End of clause)

2.6 ORDERING PERIOD

The ordering period of this contract is as follows:

July 1, 2024, through June 30, 2029

(End of clause)

2.7 DELIVERY LOCATIONS

Liquid nitrogen and liquid oxygen under this contract shall be delivered to the following locations:

Ames Research Center (ARC), Moffett Field, CA 94035;

Glenn Research Center (GRC), Cleveland, OH 44135/Neil A. Armstrong Test Facility (ATF), Sandusky, OH 44870;

Goddard Space Flight Center (GSFC), Greenbelt, MD 20771;

Jet Propulsion Laboratory (JPL), Pasadena, CA 91109;

Johnson Space Center (JSC), Houston, TX 77058;

Kennedy Space Center (KSC), Kennedy Space Center, FL, 32899 / Cape Canaveral Space Force Station (CCSFS), Cape Canaveral, FL, 32920;

Langley Research Center (LaRC), Hampton, VA 23666;

Michoud Assembly Facility (MAF), New Orleans, LA 70129;

Marshall Space Flight Center (MSFC), Huntsville, AL, 35812;

Stennis Space Center (SSC), Stennis Space Center, MS, 39529; and White Sands Test Facility (WSTF), Las Cruces, NM 88012 and other such places of performance as required in this contract.

2.8 IDIQ CLIN POOL

In the event a Requirements CLIN Contractor is in default, fails to deliver, has an approved “excusable delay,” or rejects its right of first refusal to satisfy Section 2.8.1 emergency, contingency or Section 2.8.2 requirements exceeding the ordering maximums, the Contracting Officer shall utilize the IDIQ CLIN and compete the requirement among the pool of technically acceptable Contractors by subCLIN. The IDIQ CLIN Pool consists of Contractors who have been determined technically acceptable by location, based on Attachment 2.1 Capability Form – IDIQ subCLINs and Section 2.1.1 Schedule of Supplies Table for Liquid Nitrogen and Liquid Oxygen-Requirements. The IDIQ CLIN Pool consists of CLIN 26 and its subCLINs by location.

The IDIQ CLIN minimum guarantee is the annual site inspection (see Section 2.10).

When utilizing the IDIQ CLIN in response to a default, failure to deliver, approved “excusable delay,” or emergency, contingency or additional requirement which exceeds the ordering maximums materializes, the Contracting Officer shall follow this general process:

• A Request for Proposal (RFP) will be issued via email to Contractors in the IDIQ CLIN Pool for the location (specific locations will be identified by subCLIN)

• The RFP will contain the requirements, to include the quantity of commodity and any other items that require pricing

• The Contractor will submit a proposal within the timeframe indicated in the RFP

• Award will be made to the Contractor with the lowest price

(End of clause)

2.8.1 EMERGENCY OR CONTINGENCY REQUIREMENTS

If it is necessary for the Government to meet an emergency or contingency requirements, the Requirements Contractor shall be given the right of first refusal to fulfill the requirement. If the Contractor cannot meet the requirement, the Government shall provide a notice of intent that the requirement will be met by another Agency-wide propellant Contractor. If an IDIQ CLIN Pool is established for the location in need, the Contracting Officer shall use the process identified in Section 2.8 IDIQ CLIN Pool to satisfy the emergency, contingency, or requirements exceeding ordering maximums.

(End of clause)

2.8.2 REQUIREMENTS EXCEEDING ORDERING MAXIMUMS

If an IDIQ CLIN Pool is established for the location in need, the Contracting Officer shall use the process identified in Section 2.8 IDIQ CLIN Pool to satisfy the requirements exceeding ordering maximums in contract Section 2.1.1 Schedule of Supplies Table for Liquid Nitrogen and Liquid Oxygen.

2.9 IDIQ CLIN POOL OPT-IN

The purpose of the IDIQ CLIN Pool Opt-in is to promote competition by providing the opportunity for new suppliers and current Contractors (who are not yet participating in the IDIQ CLIN Pool for a specific location) to participate in the IDIQ CLIN Pool. In accordance with this clause, the original solicitation (as revised) shall remain open throughout the ordering period. The opportunity to opt-in shall occur annually after initial award, unless a more frequent schedule is otherwise determined necessary by the Contracting Officer. The notice announcing the opportunity to opt-in shall be published at SAM.gov in accordance with FAR Part 5, Publicizing Contract Actions.

The opt-in process will require an existing Contractor or new entrant to submit documentation (to be specified in the Opt-in announcement by the Contracting Officer) to determine technical acceptability for a specific NASA location. A new entrant is a company that has not held a NASA liquid nitrogen or liquid oxygen contract. Upon the Government’s determination of technical acceptability, a contract (for new entrants) or contract modification (for existing Contractors) will be executed to add the Contractor to the IDIQ CLIN Pool for the specific NASA location.

Thereafter, the Contractor will be eligible to participate in the IDIQ CLIN Pool process described in Section 2.8 for the NASA locations awarded to that Contractor. All eligible Contractors who are awarded an IDIQ subCLIN for a particular NASA location will have the option to compete for requirements within those IDIQ subCLINs which they are awarded.

(End of clause)

2.9.1 IDIQ CLIN POOL OPT-IN AT AWARD

In the event an Offeror bids on a Requirements CLIN and is not the successful Offeror, the Offeror may opt-in to the IDIQ CLIN Pool if determined technically acceptable. Once the successful Offeror has been notified, the Contracting Officer shall contact each unsuccessful Offeror by email to request confirmation of participation in the pertinent subCLIN. The Offeror will have 5 calendar days to provide a response.

In the event an Offeror does not want to submit a proposal for a Requirements CLIN but wants to opt-in to the IDIQ CLIN Pool for a particular location, the Offeror is required to submit Attachment

2.1 Capability Form-IDIQ subCLINS. Once determined technically acceptable, the Offeror will become part of the IDIQ CLIN Pool and will be awarded a contract with subCLIN(s) for the corresponding NASA locations.

(End of clause)

2.9.2 IDIQ CLIN POOL OPT-IN AFTER AWARD

Existing Contractors and new entrants choosing to opt-in after initial contract award must do so during an opt-in period. The process for opt-in is as follows:

Opt-in by Current Contractor. The current Contractor shall submit Attachment 2.1 Capability Form for each IDIQ subCLIN(s) location. The Government will evaluate the capability form to determine technical acceptability in accordance with the weekly maximums for a subCLIN location in contract Section 2.1.1 Schedule of Supplies Table for Liquid Nitrogen and Liquid Oxygen – Requirements. If the Contractor is determined technically acceptable, award will be made for the subCLIN(s).

Opt-in by New Entrant. The new entrant shall submit an Attachment 2.1 Capability Form for each IDIQ subCLIN(s) location. The Government will evaluate the capability form to determine technical acceptability in accordance with the weekly maximums for a subCLIN location in contract Section 2.1.1 Schedule of Supplies Table for Liquid Nitrogen and Liquid Oxygen – Requirements. Once determined acceptable from a technical standpoint, award will be made for the subCLIN(s). New entrants will be required to comply with provisions in Section 5 of the RFP and all terms and conditions of the resulting contract.

(End of clause)

2.10 ANNUAL SITE INSPECTIONS

The Government recognizes that annual site inspections are an industry leading practice to ensure safety of both the Contractor and NASA personnel. Contractors opting-in for an IDIQ subCLIN location shall perform an annual site inspection at the beginning of each contract year. Annual site inspections shall be completed within 45 calendar days after the start of the contract year.

For Contractors awarded an IDIQ subCLIN, the Contracting Officer shall request a proposal from the Contractor prior to an annual site inspection. Contractor’s shall submit either a published site inspection commercial price or a proposed price for inspection to include labor and travel costs on Attachment 5, Annual Site Inspection Cost Proposal Template. If the Contractor has a published site inspection commercial price, Attachment 5 does not need to be submitted. Contractor’s proposing a cost for the annual site inspection shall submit documentation to support all costs proposed. Proposed costs for lodging and per diem shall not exceed the U.S. Government Services Administration published rates. Prices submitted for airline travel and rental car shall be supported by three bids/quotes/or screen shots from published prices from travel websites. Travel shall not be subject to profit.

Wherever feasible and economically practical, required visits to locations in the same geographical area are to be combined into a single trip. Maximum use is to be made of the lowest customary standard airfare, car rental, lodging and incidental rates which provides the lowest cost to the Government.

A task order for the annual site inspection shall be issued prior to traveling. The annual site inspection will be coordinated with the appropriate NASA personnel at the cognizant NASA center. Contractors may invoice for the annual site inspection after completion.

The completed performance by the Contractor and payment from the Government for the annual site inspection shall be the minimum guarantee under FAR 52.216-19.

Upon completion of the annual site inspection, the Contractor represents that they have foreseeable intent and capability to bid on IDIQ subCLIN requirements within twelve months from when the inspection is performed.

If the Contractor becomes incapable of supporting an IDIQ subCLIN, the Contractor shall notify the Contracting Officer in writing. Upon receipt of the written notice, the Contracting Officer will issue a contract modification to execute the change.

SECTION 3 CONTRACT CLAUSES

3.1 ADDENDUM TO FAR 52.212-4 (NOV 2023), CONTRACT TERMS AND

CONDITIONS–COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES:

TAILORED PARAGRAPHS

Paragraph (f) is tailored to add the following paragraph:

(2) When the Requirements Contractor has an approved “excusable delay” by the Contracting Officer, the Requirements Contractor shall not be liable to cover any difference in price between the CLIN Price identified in Section 2.2 Liquid Oxygen and Liquid Nitrogen Product Price and the replacement product price awarded under the IDIQ CLIN for that location. Additionally, when an IDIQ CLIN Pool Contractor has an approved “excusable delay” by the Contracting Officer, the Contractor shall not be liable to cover any difference in price between the awarded price and any subsequent Contractor.

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:

(1) 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.

(2) If such deficient quantities are not so supplied, the Government may acquire liquid nitrogen or liquid oxygen from other sources to the level of the quantities deficient, and the Contractor shall pay the Government the difference between the delivered price from such other source and the applicable delivered price under Section 2.2 of this contract. In this situation, the Government will pay the full price for the delivery under the IDIQ CLIN 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 delivery. If the IDIQ CLIN Pool Contractor is in default, the IDIQ CLIN Pool Contractor is responsible for the difference between their awarded price and the subsequent delivered price by another Contractor. In the event that the IDIQ CLIN Pool Contractor defaults prior to the first delivery, the Government’s rights after termination for cause shall include all the remedies available to any buyer in the marketplace (see FAR 12.403(2)).

(3) 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.

(4) In the event the Requirements Contractor or IDIQ CLIN Pool Contractor does not have a Contracting Officer approved excusable delay and is determined to be in default, the Contracting Officer shall use the process identified in Section 2.8 IDIQ CLIN Pool (if Contractors are available for that subCLIN) as a temporary solution to maintain continuity of supplies until the requirements CLIN for that location is awarded to a new Contractor.

Paragraph (o) is replaced as follows:

(o) Warranty.

The items delivered hereunder shall meet the specifications defined in Section 2.5, Performance Specification. The Government may reject any item which does not meet the specifications and no charge will be made for the item 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 (FEB 2024)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77, 108-78 (19 U.S.C. 3805 note)).

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

[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).

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

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR3.900(a).

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

[ ] (6) [Reserved]

[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, Section 743 of Div. C).

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

[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.117-328).

[ ] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply

Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

[ ] (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

[ ] (ii) Alternate I (Dec 2023) of 52.204–30.

[X] (12) 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] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved]

[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

[ ] (17) [Reserved]

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

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

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

644).

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

[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

[ ] (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[ ] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i)52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C.

637(m)).

[ ] (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (35) (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] (36) (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] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[ ] (40) 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.)

[ ] (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (44) (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.

[ ] (45) (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.

[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

[ ] (47) (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] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O. 13513).

[ ] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

[X] (52) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

[ ] (ii) Alternate I (OCT 2022) of 52.225-1.

[ ] (53) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (Sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (DEC 2022) of 52.225-3.

[ ] (iv) Alternate III (NOV 2023) of 52.225-3.

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

[ ] (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (55) 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).

[ ] (56) 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. Subtitle A, Part V, Subpart G Note).

[ ] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

[ ] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (60) 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. 3805).

[ ] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (62) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management

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

[ ] (63) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.

637(d)(13)).

[ ] (67) (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. chapter 67.).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

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

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

[ ] (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, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

4712).

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

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

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

115-232).

(vi) 52.204-27, Prohibition on a ByteDance…