80KSC025R0005 Solicitation.pdf

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. 83

80KSC025R0005

See 6.1(a) See 6.1(a)

Same as Block 9 Same as Block 9

See Section 3.10

NASA Agency-wide Supply of Liquid Hydrogen See Section 2

5/28/2025

See 6.2(a)

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 Liquid Hydrogen See Section 2

NASA Agency-wide Supply of Liquid Hydrogen 80KSC025R0005

TABLE OF CONTENTS

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

SECTION 2 CONTINUATION OF THE SF 1449

2.1 SCHEDULE OF SUPPLIES/SERVICES

2.2 LIQUID HYDROGEN PRODUCT UNIT PRICE

2.3 OTHER PRICING

2.4 PERFORMANCE SPECIFICATION

2.6 DELIVERY LOCATIONS

SECTION 3 CONTRACT CLAUSES

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

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES: TAILORED

PARAGRAPHS

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

STATUES OR EXECUTIVE ORDERS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)(DEVIATION FEB 2025)

3.3 FAR 52.216-18 ORDERING (AUG 2020)

3.4 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

3.5 FAR 52.216-21 REQUIREMENTS (OCT 1995)

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

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

3.8 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

3.9 NFS 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT) (MAR 1989) . 28

3.10 NFS 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (APR 2018)

3.11 KSC 52.242-90 CONTROLS APPLICABLE TO CONTRACTOR'S ACTIVITIES (OCT

2023) (APPLICABLE TO KSC CLINs 2 & 3 ONLY)

3.12 DELIVERY REQUIREMENTS

3.13 LABORATORY ANALYSIS

3.14 MATERIAL INSPECTION AND RECEIVING REPORT

3.15 CERTIFICATE OF CONFORMANCE

3.16 DETERMINATION OF BILLING

3.17 PRODUCT INTEGRITY CONTROL

3.18 QUALITY ASSURANCE, INSPECTION AND ACCEPTANCE

3.19 FLASH REPORTS

3.20 CONTINGENCY EMERGENCY OR MISSION CRITICAL SUPPORT

3.21 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 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICE –

REPRESENTATION (OCT 2020)

5.4 FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-

REPRESENTATION AND DISCLOSURES (DEC 2023)

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

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

5.7 FAR 52.212-3 OFFEROR REPRESENTATION AND CERTIFICATIONS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(DEVIATION FEB 2025) ALTERNATE I (OCT 2014)

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

ALTERNATE I (FEB 2024)

5.9 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-COMMERICIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

7.2 EVALUATION PROCESS

7.3 VOLUME 1: TECHNICAL ACCEPTABILITY

7.4 VOLUME 2: PRICE

SECTION 2 CONTINUATION OF THE SF 1449

2.1 SCHEDULE OF SUPPLIES/SERVICES

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

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

(b) All work shall be initiated through delivery orders issued by the following Centers: Glenn Research Center (GRC) for GRC/Armstrong Test Facility (ATF); Kennedy Space Center (KSC) for KSC/Cape Canaveral Space Force Station (CCSFS), Marshall Space Flight Center (MSFC), 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 LIQUID HYDROGEN

BASE PERIOD 1 BASE PERIOD 2

OPTION PERIOD

OPTION PERIOD

OPTION PERIOD

(12/01/25-11/30/26)

CLIN 00X

(12/01/26-11/30/27)

CLIN 00X

(12/01/27-11/30/28)

CLIN 10X

(12/01/28-11/30/29)

CLIN 20X

(12/01/29-11/30/30)

CLIN 30X

GRC/ATF

(see Note 1)

Pound 1,000 40,000 95,000 284,000 196,000 284,000 0 0 0

KSC/CCSFS - All (see Note 2)

Pound 1,000 80,000 160,000 460,000 1,700,000 1,800,000 1,600,000 1,800,000 1,800,000

KSC Space Launch System

(SLS)

(see Notes 3 and 3 1)

Pound 1,000 80,000 240,000 886,000 750,000 750,000 0 886,000 886,000

4 MSFC Pound 1,000 28,000 56,000 200,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000

5 SSC Pound 1,000 80,000 220,000 672,000 3,400,000 3,400,000 3,400,000 3,400,000 3,400,000

Notes:

Note 1: Base Period 2 BEQ's may occur in Option Period 1 Note 2: Covers Wet Dress Rehearsal for all launches supported by CLIN 2 Note 3: KSC SLS supply begins at launch countdown and remains in effect until launch CLIN 3 does not cover Wet Dress Rehearsal (See Note 2) Note 3 1: Pursuant to Terms and Conditions Section 2 3 6, CLIN 3 Daily maximum is subject to increase from 80,000 lbs to 120,000 lbs when Rapid Replenishment is declared When Rapid Replenishment is active, Other Pricing will apply to Rapid Replenishment pursuant to Terms and Conditions Section 2.3.6

*Capped Maximums: A single contractor is not required to provide more than the contract capped maximum, no matter how many CLINs have been awarded to that contractor These caps would be as follows: Daily: 228,000 lbs.; Weekly: 450,000 lbs.; Monthly: 1,350,000 lbs The contractor has the option to exceed the contract Capped Maximums to meet stated CLIN maximums For example, if Contractor A was awarded all CLINs and the Government requested delivieries of 95,000 lbs from CLIN 1, 160,000 lbs from CLIN 2, 56,000 lbs from CLIN 4, and 220,000 lbs from CLIN 5 in a single week, this sum would exceed the contract capped maximum and the contractor would not be required to deliver more than 450,000 lbs The contractor may deliver all of the requested quantities; however, should the contractor communicate that it will not deliver more than what is required, it will be the Government's responsibility to adjust its requests to accommodate the bounds of the Capped Maximums

**Best Estimated Quantities (BEQs) are best known estimates and are subject to change, an estimate of zero (0) does not eliminate the possible need for supplies during that year Weekly is defined as a 7-day rolling period, monthly is defined at a 30-day rolling period

CLIN

Base = 00X Options = X0X

BEST

ESTIMATED

QUANTITY**

BEST

ESTIMATED

QUANTITY**

BEST

ESTIMATED

QUANTITY**

BEST

ESTIMATED

QUANTITY**

BEST

ESTIMATED

QUANTITY**

DELIVERY LOCATION

UNIT OF

MEASURE

MAX

DAILY*

MAX

WEEKLY*

MAX

MONTHLY*

ORDER LIMITATIONS

MINIMUM

250), or commercial equivalent, and signed by the driver and consignee. 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)

2.3.2 EMERGENCY DELIVERY

The Government will provide notice to the Contractor prior to requiring delivery of ordered product as set forth in Attachment 2, Statement of Work (SOW). The contractor may but is not obligated to deliver when the Government provides less than the minimum notice specified in Attachment 2, Statement of Work (SOW). Should the Contractor accept an order with less than the minimum notice specified in the SOW, Emergency Delivery charges per Attachment 1, Other Pricing shall apply.

(End of clause)

2.3.3 HOT TANK FILL

A hot tank is a storage container which no longer contains any 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)

2.3.4 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 fill in the blank (plant from which the product is sourced, whether the primary production facility or alternate production facility or distribution facility) identified in Attachment 3, 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 the product deliver instead of returning to the plant where it was sourced, mileage calculation shall not exceed what would have been the roundtrip mileage from the point of cancellation back to the plant where the product was sourced. The mileage calculation for invoicing purposes shall be based on a current internet mapping tool.

(End of clause)

2.3.5 SHORT NOTICE CHANGE

The Government acknowledges that requests for shipment of multiple tankers/trailers 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 multiple tankers/trailers to be delivered at the same time and to the same location.

2.3.5.1 SHORT NOTICE CHANGE – Rapid Replenishment

This paragraph is only applicable to CLIN 3 when Rapid Replenishment is declared and active and the Government schedules greater than two (2) waves of tankers for delivery in the same 24-hour period. When the Government cancels an order with less than 120 hours’ notice or alters the schedule more than 12 hours with less than 120 hours’ notice, the Contractor may charge a Short Notice Change at the price per tanker as defined in Attachment 1, Other Pricing.

2.3.6 RAPID REPLENISHMENT (ONLY APPLICABLE TO CLIN 3)

If it is determined that a launch campaign will result in the need to rapidly refill stored quantity of LH2, Rapid Replenishment may be declared to increase the daily maximums for LH2 deliveries from 80,000 lbs. to 120,000 lbs. Once declared, LH2 pricing will be determined based on the number of tankers delivered each day. The first two (2) waves of tankers scheduled for delivery in a rolling 24-hour period, will deliver commodity at CLIN 3 prices, per Section 2.2 Liquid Hydrogen Product Unit Price, for the current period. When greater than two waves of tankers are scheduled for delivery in the same 24-hour period, the Contractor may leverage Rapid Replenishment Other Pricing, for the current period, as defined in Attachment 1, Other Pricing, for additional waves beyond the second wave. An example of this is included below:

In this example, a Contractor has a CLIN 3 product unit price of $10.00/lb., and a Rapid Replenishment price of $2.00/lb. The Contractor has delivered 3 waves of tankers to Pad 39B on one day and another 3 waves of tankers on another day. Both days’ operations went smoothly, and no other additional pricing was triggered except for the Rapid Replenishment Other Pricing on Wave 3. The pricing for the quantities delivered will be calculated as follows:

Day 1 (Rolling 24-hour period):

Wave 1 – 37,000lbs. x $10.00/lb. = $370,000 Wave 2 – 41,000lbs. x $10.00/lb. = $410,000 Wave 3 – 38,000lbs. x ($10.00/lb. + $2.00/lb.) = $456,000

Day 2 (Rolling 24-hour period):

Wave 1 – 38,000lbs. x $10.00/lb. = $380,000 Wave 2 – 39,000lbs. x $10.00/lb. = $390,000 Wave 3 – 40,000lbs. x ($10.00/lb. + $2.00/lb.) = $480,000

*A wave of tankers consists of two or more tankers that are scheduled for delivery at the same time.

(End of section)

2.4 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) Compressed Gas Association (CGA) specification, CGA G-5.3-2024, “Commodity Specification for Hydrogen.” CGA specification documents are publicly available to prospective Offerors via the Compressed Gas Association Web Page:

https://www.cganet.com.

(2) Product supplied shall fully meet the requirements of Hydrogen CGA 5.3-2024, Type II, QVL A, except as modified elsewhere in this contract.

(End of clause)

2.5 ORDERING PERIODS

The ordering periods of this contract are as follows:

Base Period 1: December 1, 2025, through November 30, 2026 Base Period 2: December 1, 2026, through November 30, 2027 Option Period 1: December 1, 2027, through November 30, 2028 Option Period 2: December 1, 2028, through November 30, 2029 Option Period 3: December 1, 2029, through November 30, 2030

(End of clause)

2.6 DELIVERY LOCATIONS

Liquid hydrogen under this contract shall be delivered to the following locations:

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

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

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

Stennis Space Center (SSC), Stennis Space Center, MS, 39529; and other such places of performance as required in this contract.

(End of clause)

SECTION 3 CONTRACT CLAUSES

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

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES: TAILORED

PARAGRAPHS

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

(2) When the Contractor has an approved “excusable delay” by the Contracting Officer, the Contractor shall not be liable to cover any difference in price between the CLIN Price identified in Section 2.2 Liquid Hydrogen Product Unit Price and any replacement product price awarded to any another Contractor for the CLIN for that location.

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 Liquid Hydrogen Product Unit Price of this contract.

(2) If such deficient quantities are not so supplied, the Government may acquire liquid hydrogen 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 Liquid Hydrogen Product Unit Price of this contract. In this situation, the Government will pay the full price for the spot delivery and may short pay the Contractor, on the next applicable invoice, an amount equal to the difference between the Contractor’s normal price to the Government, and the price the Government paid for the spot delivery.

If the Spot Delivery Contractor is in default and does not have a Contracting Officer approved excusable delay, the Spot Delivery Contractor is responsible for the difference between their awarded price and the subsequent delivered price by another Contractor. If the Spot Delivery 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 Contractor or Spot Delivery Contractor does not have a Contracting

Officer approved excusable delay and is determined to be in default, the Contracting Officer shall pursue a temporary solution to maintain continuity of supplies until the CLIN for that location is awarded to a new Contractor.

Paragraph (o) is replaced as follows:

(o) Warranty.

The items delivered hereunder will meet the specifications defined in Section 2.4, Performance Specification. The Government may reject any item which does not meet the specifications and no charge will be made for the item so rejected. No claim of any kind with respect to the conformance of items to the foregoing specifications, whether or not based on negligence, warranty, strict liability, or any other theory of law, will be greater than the price of the quantity of nonconforming item(s) in respect to which such claim is made. The foregoing constitutes the Government’s exclusive remedy and the Contractor’s sole obligation with respect to any such claim for not meeting the specifications. “There are no express warranties by Contractor other than those specified in this section 52.212-4 (o). No warranties by Contractor (other than warranty of title as provided in the uniform commercial code) will be implied or otherwise created under the uniform commercial code including warranty of merchantability and warranty of fitness for a particular purpose.” This limited remedies section for failure to meet the expressed warranty stated herein shall have no application to or impact on the Government’s remedies under paragraph (m) Termination for cause of this section.

(End of addendum)

3.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUES OR EXECUTIVE ORDERS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)(DEVIATION FEB

2025)

(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:

[Contracting Officer check as appropriate.]

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).

X (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, Proposed for Debarment, or Voluntarily Excluded.

(Jan 2025) ( 31 U.S.C. 6101 note).

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

__ (14)[Reserved].

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

__ (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 (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21)

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

__ (ii)Alternate I (Nov 2016) of 52.219-9.

__ (iii)Alternate II (Nov 2016) of 52.219-9.

__ (iv)Alternate III (Jun 2020) of 52.219-9.

__ (v)Alternate IV (Jan 2025) of 52.219-9.

__ (22)

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

__ (ii)Alternate I (Mar 2020) of 52.219-13.

__ (23)52.219-14, Limitations on Subcontracting (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, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii)Alternate I (Mar 2020) of 52.219-28.

__ (27)52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business 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) ( 15 U.S.C. 637(a)(17)).

X (31)52.222-3, Convict Labor (Jun 2003) (E.O.11755).

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

__ (33)Reserved.

__ (34)Reserved.

X (35)

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

__ (ii)Alternate I (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).

X (40)52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).

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

FAR 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 (May 2024) ( 42 U.S.C. 7671, et seq.).

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

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

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

__ (46)52.223-23, Sustainable Products and Services (May 2024)(DEVIATION FEB 2025) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C.

7671l).

__ (47)

(i)52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

__ (ii)Alternate I (Jan 2017) of 52.224-3.

X (48)

(i)52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii)Alternate I (Oct 2022) of 52.225-1.

__ (49)

(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 (Jan 2025) of 52.225-3.

__ (iv)Alternate III (Feb 2024) of 52.225-3.

__ (v)Alternate IV (Oct 2022) of 52.225-3.

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

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

__ (52)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

X (55)52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56)52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58)52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

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

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

X (63)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64)52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65)

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

__ (ii)Alternate I (Apr 2003) of 52.247-64.

__ (iii)Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1)52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

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

__ (4)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.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 for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8)52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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 Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

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

(B)Alternate I (Dec 2023) of 52.204–30.

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

(ix)Reserved.

(x)Reserved.

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

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

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

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

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

(xvi)

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

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

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

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

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

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

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

(xxii)

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

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

(xxiii)52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

(xxvi)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

3.3 FAR 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule of Services. Such orders may be issued from: December 1, 2025, to November 30, 2030.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

3.4 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the quantity specified in Section 2.1.1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of the quantities specified in the daily, weekly, and monthly max identified in Section 2.1.1 Schedule of Supplies (including Note 3.1).

(2) Any order for a combination of items in excess of the quantities specified in the daily, weekly, and monthly max in Section 2.1.1 Schedule of Supplies (including Note 3.1).

(3) A series of orders from the same ordering office within the daily, weekly, and monthly period specified in Section 2.1.1 Schedule of Supplies that call for quantities exceeding the limitations described in subparagraphs (b)(1) or (2) of this section, or Section 2.3.6

RAPID REPLENISHMENT.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

3.5 FAR 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after expiration of the ordering periods as specified in Section 2.5.

(End of clause)

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

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor no later than 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

(End of clause)

3.7.1 CLAUSES INCORPORATED BY REFERENCE

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011).

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (AUG 2020)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB

1997)

FAR 52.246-11 HIGHER LEVEL CONTRACT QUALITY REQUIREMENT (DEC

2014) Fill in: (a) The Contractor shall comply with the higher-level quality standard(s) listed below.

ISO 9001 Fifth Edition 2015-09-15

NFS 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (JUL 2023)

NFS 1852.215-84 OMBUDSMAN (NOV 2023)

NFS 1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING

(DEC 2015)

NFS 1852.223-72 SAFETY AND HEALTH (SHORT FORM) (JUL 2015)

NFS 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY ALTERNATE I (FEB

2006)

NFS 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)

(End of list)

3.8 NFS 1852.225-70 EXPORT LICENSES (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at applicable NASA Installation delivery locations (e.g., GRC/ATF, KSC, MSFC, SSC) where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license…