80KSC024R0010 - DRAFT.pdf

National Aeronautics and Space Administration

John F. Kennedy Space Center Kennedy Space Center, FL 32899

November 27, 2024

Reply to Attn of: OP-OS

SUBJECT: DRAFT REQUEST FOR PROPOSAL (DRFP) COVER LETTER

THIS IS NOT A REQUEST FOR PROPOSAL. NO PROPOSALS ARE TO BE

SUBMITTED IN RESPONSE TO THIS NOTICE.

This notice is issued by the National Aeronautics and Space Administration (NASA)/ Kennedy Space Center (KSC) to post a DRFP to solicit responses from interested parties.

This document is for information and planning purposes and to allow industry the opportunity to verify reasonableness and feasibility of the requirement, as well as promote competition.

You are invited to review and comment on the NASA Agency-wide Supply Gaseous and Liquid Helium acquisition. The principal purpose of this acquisition is to acquire Helium to support requirements at the Columbia Scientific Balloon Facilities (CSBF) in CA, TX, NM and OR; Glenn Research Center(GRC) and GRC/Armstrong Test Facility (ATF); Goddard Space Flight Center (GSFC); Jet Propulsion Laboratory (JPL); Johnson Space Center (JSC), Kennedy Space Center (KSC) and 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).

Potential offerors are encouraged to comment on all aspects of the draft solicitation, and identify any areas that are confusing or ambiguous, which may warrant additional information or clarification in the final RFP, including the requirements, schedules, proposal instructions, and evaluation approaches associated with performance of the work. Potential offerors should identify any unnecessary or inefficient requirements and are also encouraged to comment on the Contract Line-Item Number (CLIN) structure, and any unique terms and conditions.

This is a competitive acquisition that is anticipated to result in the award of multiple fixed-price requirements contracts and an indefinite delivery indefinite quantity (IDIQ) CLIN.

The contract(s) will have a total period of performance of five years as follows:

Base Period: October 1, 2025, through September 30, 2027 Option Period 1: October 1, 2027, through September 30, 2028 Option Period 2: October 1, 2028, through September 30, 2029

Option Period 3: October 1, 2029, through September 30, 2030

The North American Industry Classification System (NAICS) code for this acquisition is 325120, Industrial Gas Manufacturing with a standard number of employees of 1,200.

Potential offerors should ensure its company is listed in the following online database(s):

(1) System for award management: https://www.sam.gov/SAM/

(2) U.S. Department of Labor Veterans' Employment and Training Service, VETS-4212 Reports: https://vets4212.dol.gov/vets4212/

(3) Date Universal Numbering System (and the transition to the US Government's unique entity identifier (UEI)): https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-information-kit/unique-entity-identifier-update

Successful offerors must pass an Equal Employment Opportunity (EEO) clearance before contract award (See FAR 22.805).

Applicable Acquisition Dates: The current planned release date for the Final Request for Proposal (RFP) is on or about December 20, 2024, with proposals being due approximately 45 calendar days later. The anticipated contract award date is August 1, 2025, with an October 1, 2025, contract effective date.

This DRFP is not a solicitation and is not to be construed as a commitment by the Government. NASA/KSC is not requesting proposals. This DRFP does not commit NASA/ KSC to pay any proposal preparation costs, nor does it obligate NASA/KSC to procure or contract for this requirement. This request is not an authorization to proceed and does not authorize payment for any charges incurred by the offeror for performing any of the work called for in this solicitation.

All comments or questions shall be submitted electronically via email to KSC-Helium-Info@mail.nasa.gov no later than 4:30 PM EST on December 12, 2024. All questions and comments should be submitted using the “Helium Draft RFP Industry Question and Comment Form” attachment found in this announcement. When responding reference DRFP number 80KSC024R0010.

NASA Clause 1852.215-84, Ombudsman, is applicable. The KSC Center Ombudsman for this acquisition can be found at: https://www.hq.nasa.gov/office/procurement/regs/ Procurement-Ombuds-Comp-Advocate-Listing.pdf

If a respondent believes their comments contain confidential, proprietary, competition sensitive, or business information, those comments shall be marked appropriately. The Government will consider all comments received in preparation of the Final RFP and will not be posted publicly nor will they be responded to in any way. To the extent a comment leads the Government to revise the acquisition approach or requirements, the change will be reflected in the Final RFP. Questions received in response to the DRFP will be answered, and the Government responses will be posted publicly to https://SAM.gov at the time the RFP is posted. It is the respondent's responsibility to ensure that no proprietary data is included in a question.

Victoria Hargrave Contracting Officer

Enclosures:

80KSC024R0010 - DRAFT

Helium Draft_RFP_Industry_Question_Comment_Form

Victoria Hargrave

Digitally signed by Victoria Hargrave Date: 2024.11.27 10:48:47 -05'00'

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

80KSC024R0010-DRAFT

See 6.1(a)

See 6.1 (a)

KSC

Same as Block 9 Same as Block 9

NASA Agency-wide Supply of Gaseous and Liquid Helium See Section 2

11/26/2024

NASA/John F. Kennedy Space Center Procurement Office, Mail Code: OP-OS Kennedy Space Center, Florida 32899

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

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 RECEIVED (MM/DD/YYYY) 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. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

NASA Agency-wide Supply of Gaseous and Liquid

Helium

See Section 2

NASA Agency-wide supply of Gaseous and Liquid Helium 80KSC024R0010 - DRAFT

TABLE OF CONTENTS

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

SECTION 2 CONTINUATION OF THE SF 1449

2.1 SCHEDULE OF SUPPLIES

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

2.9 IDIQ CLIN POOL

2.10 IDIQ CLIN POOL OPT-IN

2.11 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 (NOV 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 - 22 Only)

3.6 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) -- (Applicable to CLIN 23 Only)... 33

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

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

3.9 NFS 1852.223-73 SAFETY AND HEALTH PLAN (JUL 2015)

3.10 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

3.11 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989) . 35

3.12 NFS 1852.245–71 INSTALLATION-ACCOUNTABLE GOVERNMENT PROPERTY (JUN

2018)

3.13 NFS 1852.245–73 FINANCIAL REPORTING OF NASA PROPERTY IN THE

CUSTODY OF CONTRACTORS (JAN 2017)

3.14 NFS 1852.245-76 LIST OF GOVERNMENT PROPERTY FURNISHED PROPERTY

PURSUANT TO FAR 52.241-1 (JAN 2011)

3.15 CENTER SPECIFIC CLAUSES

3.16 DELIVERY REQUIREMENTS

3.17 MATERIAL INSPECTION AND RECEIVING REPORT

3.18 LABORATORY ANALYSIS

3.19 CERTIFICATE OF CONFORMANCE

3.20 DETERMINATION OF BILLING

3.21 QUALITY ASSURANCE, INSPECTION AND ACCEPTANCE

3.22 PRODUCT INTEGRITY CONTROL

3.23 FLASH REPORTS

3.24 FAIR OPPORTUNITY (Applicable to CLIN 23 only)

3.25 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 (MAY 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

7.3 VOLUME 1: TECHNICAL ACCEPTABILITY REQUIREMENT CLINS AND IDIQ

SubCLINS

7.4 VOLUME 2: PRICE

SECTION 2 CONTINUATION OF THE SF 1449

2.1 SCHEDULE OF SUPPLIES

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: Goddard Space Flight Center (GSFC) for GSFC and GSFC/Wallops Flight Facility (WFF) for Columbia Scientific Balloon Facility (CSBF) TX, NM, CA, and OR; Glenn Research Center (GRC) for GRC - Lewis Field (LF) and GRC - Armstrong Test Facility (ATF); Jet Propulsion Laboratory (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 (CSFS); Langley Research Center (LaRC);

Marshall Space Flight Center (MSFC) for MSFC and Michoud Assembly Facility (MAF); and Stennis Space Center (SSC) 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 – REQUIREMENTS

ORDER LIMITATIONS ANNUAL BEQ

BASE PERIOD

ANNUAL BEQ

BASE PERIOD

ANNUAL BEQ

OPTION

PERIOD 1

ANNUAL BEQ

OPTION

PERIOD 2

ANNUAL BEQ

OPTION

PERIOD 3

CLIN LOCATION/

DESCRIPTION

CONTAINER UNIT OF

MEASURE

MINIMUM MAX

DAILY

MAX

WKLY

MAX

MTHLY

10/1/25 - 9/30/26 10/1/26 - 9/30/27 10/1/27 - 9/30/28 10/1/28- 9/30/29 10/1/29 - 9/30/30

1 CSBF TX Trailer scf 160,000 160,000 320,000 640,000 640,000 640,000 640,000 640,000 640,000

2 CSBF TX Dewar liter 500 3,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500

3 CSBF NM Trailer scf 160,000 640,000 1,280,000 2,400,000 2,400,000 1,920,000 1,280,000 1,280,000 1,280,000

4 CSBF NM Dewar liter 500 6,000 12,000 12,000 12,000 12,000 12,000 12,000 9,000

5 CSBF CA ISO scf 160,000 960,000 960,000 960,000 960,000 960,000 960,000 960,000 960,000

6 CSBF OR Trailer scf 160,000 320,000 640,000 1,120,000 160,000 480,000 1,120,000 1,120,000 1,120,000

7 CSBF OR Dewar liter 500 1,500 3,000 3,000 0 0 3,000 3,000 6,000

8 CCSFS (SLC-41) Tanker liter 40,000 40,000 80,000 120,000 440,000 440,000 440,000 440,000 440,000

9 GRC-LF Trailer scf 56,000 80,000 80,000 170,000 490,000 490,000 490,000 490,000 490,000

10 GRC-ATF Trailer scf 50,000 180,000 360,000 720,000 440,000 770,000 440,000 440,000 440,000

11 GSFC Dewar liter 60 600 700 1,000 7,000 7,000 7,000 7,000 7,000

12 JPL Trailer scf 40,000 40,000 40,000 40,000 0 0 40,000 0 0

13 JPL Dewar liter 60 200 500 1,000 5,500 6,000 6,500 7,000 7,500

14 JSC Trailer scf 180,000 180,000 180,000 180,000 360,000 360,000 360,000 360,000 360,000

15 KSC Dewar liter 100 600 1,200 1,200 1,400 1,400 1,400 1,400 1,400

16 LaRC Dewar liter 100 300 300 300 600 600 600 600 600

17 MSFC Trailer scf 150,000 300,000 450,000 750,000 4,500,000 4,500,000 4,500,000 4,500,000 4,500,000

18 MSFC Dewar liter 100 250 250 250 650 650 650 650 650

19 MAF Trailer scf 180,000 180,000 180,000 360,000 540,000 360,000 720,000 540,000 540,000

20 MAF Dewar liter 3,000 5,000 5,000 5,000 40,000 40,000 40,000 40,000 40,000

21 SSC Trailer scf 180,000 360,000 720,000 900,000 9,000,000 5,940,000 5,940,000 5,940,000 5,940,000

22 WSTF Trailer scf 90,000 190,000 330,000 330,000 1,140,000 1,140,000 1,140,000 1,140,000 1,140,000

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.

2.1.2 SCHEDULE OF SUPPLIES TABLE FOR GASEOUS AND LIQUID HELIUM - IDIQ SubCLINS

CLIN 23

IDIQ subCLIN

LOCATION/

DESCRIPTION

HELIUM

SPECIFICATION

UNIT OF

MEASURE

MINIMUM ORDER

LIMITATION

23.1 CSBF TX MIL-PRF-27407E scf 160,000

23.3 CSBF NM MIL-PRF-27407E scf 160,000

23.5 CSBF CA MIL-PRF-27407E scf 160,000

23.6 CSBF OR MIL-PRF-27407E scf 160,000

23.8 CCSFS (SLC-41) MIL-PRF-27407E liters 40,000

23.9 GRC-LF MIL-PRF-27407E scf 56,000

23.10 GRC-ATF MIL-PRF-27407E scf 50,000

23.12 JPL MIL-PRF-27407E scf 40,000

23.14 JSC MIL-PRF-27407E scf 180,000

23.17 MSFC MIL-PRF-27407E scf 150,000

23.19 MAF MIL-PRF-27407E scf 180,000

23.21 SSC MIL-PRF-27407E scf 180,000

23.22 WSTF MIL-PRF-27407E scf 90,000

Note: The IDIQ SubCLINS are numbered to correspond to the Requirements CLIN number locations under 2.1.1.

Only those locations with a requirement for a tanker or a trailer are included in the IDIQ subCLIN table.

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

DELIVERY

LOCATION

UNIT OF

MEASURE

ORDER LIMITATIONS

BASE PERIOD 1

PRODUCT UNIT

PRICE

(10/01/25 - 09/30/27)

CLIN 00X

BASE PERIOD 2

PRODUCT UNIT

PRICE

(10/01/27 - 09/30/28)

CLIN 00X

OPTION PERIOD 1

PRODUCT UNIT

PRICE

(10/01/28 - 09/30/29)

CLIN 10X

OPTION PERIOD 2

PRODUCT UNIT

PRICE

(10/01/29 - 09/30/30)

CLIN 20X

OPTION PERIOD 3

PRODUCT UNIT

PRICE

(10/01/29 - 09/30/30)

CLIN 30X

MINIMUM MAX

DAILY

MAX

WKLY

MAX

MTHLY

1 CSBF TX Trailer 160,000 160,000 320,000 640,000 TBD TBD TBD TBD TBD

2 CSBF TX Dewar 500 3,500 7,500 7,500 TBD TBD TBD TBD TBD

3 CSBF NM Trailer 160,000 640,000 1,280,000 2,400,000 TBD TBD TBD TBD TBD

4 CSBF NM Dewar 500 6,000 12,000 12,000 TBD TBD TBD TBD TBD

5 CSBF CA ISO 160,000 960,000 960,000 960,000 TBD TBD TBD TBD TBD

6 CBSF OR Trailer 160,000 320,000 640,000 1,120,000 TBD TBD TBD TBD TBD

7 CBSF OR Dewar 500 1,500 3,000 3,000 TBD TBD TBD TBD TBD

8 CCSFS (SLC-41) Tanker 40,000 40,000 80,000 120,000 TBD TBD TBD TBD TBD

9 GRC-LF Trailer 56,000 80,000 80,000 170,000 TBD TBD TBD TBD TBD

10 GRC-ATF Trailer 50,000 180,000 360,000 720,000 TBD TBD TBD TBD TBD

11 GSFC Dewar 60 600 700 1,000 TBD TBD TBD TBD TBD

12 JPL Trailer 40,000 40,000 40,000 40,000 TBD TBD TBD TBD TBD

13 JPL Dewar 60 200 500 1,000 TBD TBD TBD TBD TBD

14 JSC Trailer 180,000 180,000 180,000 180,000 TBD TBD TBD TBD TBD

15 KSC Dewar 100 600 1,200 1,200 TBD TBD TBD TBD TBD

16 LaRC Dewar 100 300 300 300 TBD TBD TBD TBD TBD

17 MSFC Trailer 150,000 300,000 450,000 750,000 TBD TBD TBD TBD TBD

18 MSFC Dewar 100 250 250 250 TBD TBD TBD TBD TBD

19 MAF Trailer 180,000 180,000 180,000 360,000 TBD TBD TBD TBD TBD

20 MAF Dewar 3,000 5,000 5,000 5,000 TBD TBD TBD TBD TBD

21 SSC Trailer 180,000 360,000 720,000 900,000 TBD TBD TBD TBD TBD

22 WSTF Trailer 90,000 190,000 330,000 330,000 TBD TBD 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 DELIVERY

LOCATION

UNIT OF

MEASURE

$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 TX Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

3 CSBF NM Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

4 CSBF NM Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

5 CSBF CA ISO TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

6 CBSF OR Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

7 CBSF OR Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

8 CCSFS

(SLC-41)

Tanker TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

9 GRC-LF Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

10 GRC-ATF Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

11 GSFC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

12 JPL Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

13 JPL Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

14 JSC Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

15 KSC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

16 LaRC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

17 MSFC Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

18 MSFC Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

19 MAF Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

20 MAF Dewar TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

21 SSC Trailer TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD

22 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.

Quarterly Periods Retail On-Highway

Diesel Fuel Price Delivery Charge

Threshold Mod

Date Price Existing Revised 1

10/01/2025 - 12/31/2025 09/22/2025 TBD N/A TBD BASIC

01/01/2026 - 03/31/2026 12/22/2025 TBD TBD TBD TBD

04/01/2026 - 06/30/2026 03/23/2026 TBD TBD TBD TBD

07/01/2026 - 09/30/2026 06/22/2026 TBD TBD TBD TBD

10/01/2026 - 12/31/2026 09/21/2026 TBD TBD TBD TBD

01/01/2027 - 03/31/2027 12/21/2026 TBD TBD TBD TBD

04/01/2027 - 06/30/2027 03/22/2027 TBD TBD TBD TBD

07/01/2027 - 09/30/2027 06/21/2027 TBD TBD TBD TBD

10/01/2027 - 12/31/2027 09/20/2027 TBD TBD TBD TBD

01/01/2028 - 03/31/2028 12/20/2027 TBD TBD TBD TBD

04/01/2028 - 06/30/2028 03/20/2028 TBD TBD TBD TBD

07/01/2028 - 09/30/2028 06/19/2028 TBD TBD TBD TBD

10/01/2028 - 12/31/2028 09/18/2028 TBD TBD TBD TBD

01/01/2029 - 03/31/2029 12/18/2028 TBD TBD TBD TBD

04/01/2029 - 06/30/2029 03/19/2029 TBD TBD TBD TBD

07/01/2029 - 09/30/2029 06/18/2029 TBD TBD TBD TBD

10/01/2029 - 12/31/2029 09/17/2029 TBD TBD TBD TBD

01/01/2030 - 03/31/2030 12/17/2029 TBD TBD TBD TBD

04/01/2030 - 06/30/2030 03/18/2030 TBD TBD TBD TBD

07/01/2030 - 09/30/2030 06/17/2030 TBD TBD TBD TBD

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.

(End of clause)

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 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 plant source, mileage calculation shall not exceed what would have been the roundtrip mileage from the point of cancellation back to the plant source. The mileage calculation for invoicing purposes shall 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).

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 more than 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 a delivery enters demurrage time as described in this paragraph, 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)

2.5.7 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-27407E Revision E, “ Propellant Pressurizing 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) The test method for neon identified in Table I of MIL-PRF-27407E may be accomplished by using the assurance method identified at Section 4.5a. of MIL-PRF-27407E, 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 are 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- 27407E.

(End of clause)

2.7 ORDERING PERIODS

The ordering period of this contract is as follows:

The ordering periods of this contract are as follows:

Base Period: October 1, 2025, through September 30, 2027 Option Period 1: October 1, 2027, through September 30, 2028 Option Period 2: October 1, 2028, through September 30, 2029 Option Period 3: October 1, 2029, through September 30, 2030

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 Columbia Scientific Balloon Facility (CSBF), Burns, OR Cape Canaveral Space Force Station, (CCSFS), Cape Canaveral, FL Glenn Research Center (GRC), Cleveland, OH Glenn Research Center (GRC) /Neil A 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

2.9 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 2.9.1 emergency, contingency or Section 2.9.2 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 and Gaseous Helium - Requirements. The IDIQ CLIN Pool consists of CLIN 23 and its subCLINs by location. Only those locations with a requirement for a tanker or a trailer are included in the IDIQ CLIN Pool.

The IDIQ CLIN minimum guarantee is the annual site inspection (see Section 2.10). See 2.1.2, Schedule of Supplies – IDIQ SubCLINS for minimum order limitations.

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)

2.9.1 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 2.9 IDIQ CLIN Pool to satisfy the emergency, contingency, or requirements exceeding ordering maximums.

(End of clause)

2.9.2 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 2.9 IDIQ CLIN Pool to satisfy the requirements exceeding ordering maximums in contract Section 2.1.1 Schedule of Supplies Table for Liquid and Gaseous Helium.

(End of clause)

2.10 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 and gaseous helium 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 2.9 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)

2.10.1 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 IDIQ pool subCLIN.

The Offeror will have 5 calendar days to provide a response.

In the event an Offeror does not 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 is eligible to become part of the IDIQ CLIN Pool and be is awarded a contract with subCLIN(s) for the corresponding NASA locations.

(End of clause)

2.10.2 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 and Gaseous Helium – 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 and Gaseous Helium – 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.

2.11 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. Contractors 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. Contractors 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 is not 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) If 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, and the Contractor does not have a Contracting Officer approved excusable delay, the Government may acquire liquid and gaseous 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 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 and does not have a Contracting Officer approved excusable delay, the IDIQ CLIN Pool Contractor is responsible for the difference between their awarded price and the subsequent delivered price by another Contractor. If 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 2.9 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 2.6, 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 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 (NOV 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. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 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. 4655).

[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 FAR 3.900(a).

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

__(6) [Reserved]

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

__(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 Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

644).

__(ii) Alternate I (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. 657s).

__(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…