1. 80SSC023R0001 SSC Gaseous Nitrogen Generation Solution (GNGS) draft RFP.pdf

DRAFT

80SSC023R0001

Tier Note: Monthly maximum requirement 144,242/month. SSC will only use the maximum monthly quantities on rare occasions and will more frequently use between 65,644 MCF to 93,943 MCF monthly. Therefore, only Tier 1 pricing shall be applied to usage up to 93,943 a month. Tier 2 pricing shall only be applied for additional monthly usage between 93,944 MCF to 110,709 MCF month (for a delta of 16,765 MCF). Tier 3 pricing shall only be applied for additional monthly usage between 110,710 MCF to 127,475 MCF monthly (for a delta of 16,765 MCF). Tier 4 pricing shall only be applied for additional monthly usage between 127,476 MCF to 144,242 MCF monthly.

For Example: (Numbers used are fictional) SSC uses 130,000 MCF in July.

If Tier 1 is $1.00/MCF, Tier 2 is $1.50/MCF, Tier 3 is $2.00/MCF, and Tier 4 is $3.00/MCF then SSC shall pay the contractor:

Tier 1: $1.00 MCF * 93,943 = $ 93,943.00 Tier 2: $1.50 MCF * 16,765 = $ 25,147.50 Tier 3: $2.00 MCF * 16,765 = $ 33,530.00 Tier 4: $3.00 MCF * 2,527 = $ 7,581.00 Total Monthly Invoiced Amount = $160,201.50

TOTAL PRICE The total Not to Exceed fixed price of this contract is identified in the table above.

PERIOD OF PERFORMANCE

This is a 12-year contract with no options. This includes an anticipated 2-year construction/activation period with a 10-year production period. In no instance will the POP exceed 12-years.

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:

MIL-PRF-27401G, Type I, Grade B, Propellant Pressurizing Agent, Nitrogen http://quicksearch.dla.mil

Product supplied shall fully meet the requirements of the applicable specification except as modified below and elsewhere in this contract.

Modified MIL-PRF-27401G Specification Requirement:

• Water (max ppm): 6 (-64.0o C Dew Point)

52.212-4 -- CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

Paragraph (a) thru (v) are incorporated by reference with the following paragraphs (a) and (g) tailored as an addenda to FAR 52.212-4:

Addenda to paragraph (a) is tailored below to add the following paragraphs:

(3) In the event the Contractor is unable to meet its contractual requirements, the Contractor may supply the deficient product from other sources at the price agreed to in the Unit Pricing Section above of this contract.

(4) If deficient product is not supplied, the Government may acquire product from other sources to the level of the quantities deficient and will seek reimbursement from the contractor via short pay on the Contractor’s next applicable invoice in the amount equal to the difference between the Contractor’s normal price to the Government and the price the Government paid for the product.

Addenda to paragraph (g) is tailored below 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.

The following paragraphs (1) through (13) are incorporated as an addenda to FAR 52.212-4:

ADDENDA TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

1. INCORPORATION OF CONTRACTOR’S PROPOSAL

The contractor’s proposal, as revised through discussions (if applicable), and the Final Proposal Revision (if applicable), submitted in response to the solicitation, is incorporated into this contract by reference. The SOO at Attachment 1 shall govern in the event of any inconsistency between the Contractor’s proposal and the requirements identified in Attachment 1 SOO.

2. CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the CO. In the event the contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority.

3. CONTRACTING OFFICER'S REPRESENTATIVES

The CO will designate a Contracting Officer’s Representative (COR) and Alternate COR as representatives for the purpose of assisting the CO in the administration of the contract. Technical monitors, if assigned, will serve as a government representative with the authority to enforce the current contract terms and conditions. The CO is the only individual authorized to redirect the effort or in any way modify any of the terms of this contract. The COR will also communicate with the Contractor Representative any known in scope increases dealing with testing or new customers, etc., as early as possible.

4. PROPELLANT COORDINATOR

The CO will designate a Propellant Coordinator as a SSC representative for the purpose of assisting the CO and COR with the coordination of daily/monthly requirements and validating invoices prior to NASA CO and COR.

Along with the COR, the Propellant Coordinator will assist with communication to the Contractor Representative with any known in scope increases (flow or pressure) dealing with testing or new customers, etc., as early as possible.

5. CONTRACTOR REPRESENTATIVE(S)

The Contractor shall designate one of its personnel to act as SSC’s primary Point of Contact (POC) contract manager and delegate to this person the complete authority to decide all matters connected with this contract.

The Contractor shall also designate a second employee, within the local commuting area, as alternate with the authority to act as, and on behalf of, the contract manager in the event of the absence or incapacity of the designated manager. The Contractor shall advise the CO via email of the persons so designated.

These POCs’ responsibilities include but are not limited to flow and pressure change requests, specification concerns, inadvertent flow and/or pressure changes, etc.

6. SPECIFICATION REPORTING

Continuous monitoring of the product shall be required to ensure product meets the above stated specification.

The COR and Alt COR shall be provided “read-only” access to the awarded contractor’s monitoring system to review supplied product specifications on an ad hoc basis. The cost to provide monitoring/reporting as required in this section shall be included in the price of this contract.

7. DELIVERABLES

The contractor shall submit monthly flow reports to the COR and Propellant Coordinator that show the total monthly usage from the first day of the month to the last day of the month. The contractor shall submit monthly invoices following applicable tiered pricing to the Propellant Coordinator for review prior to submission into the specified invoicing system. To ensure product meets the required specifications, the contractor shall submit a detailed specification report with equivalent information to the DD Form 250 to the COR and Propellant Coordinator with each invoice and as requested by the CO and/or COR. The flow report, invoice, and specification report shall be submitted to the Propellant Coordinator by the 5th of each month. The contractor shall submit records of inspections and tests; maintenance records; operating plans and procedures; and other documentation upon request from the CO and/or COR.

8. QUALITY ASSURANCE, INSPECTION AND ACCEPTANCE.

(a) Unless otherwise directed by the CO, in-process inspection, end-item inspection, and test verification shall be performed by the Contractor at the Contractor's onsite facility, to ensure compliance with the contract requirements. The Government may perform inspections or audits, as needed, at the contractor’s onsite facility to verify, inspect, and ensure that supplies meet the contract requirements, including calibrations, process control monitoring, drawings and specifications.

(b) The Contractor shall maintain records of inspections and tests, and these records shall be made available to the Government, upon request, during the performance of this contract.

(c) The Contractor shall develop and maintain documentation of a quality control program, including but not limited to: plant operating procedures (as they relate to quality provisions); nitrogen handling procedures;

storage; analytical instrument calibrations; sampling; analysis; and ability to address issues and take corrective actions. The accuracy of the calibration standards is to be traceable to the National Institute of Standards and Technology (NIST).

(d) Operating plans, procedures, and/or other documentation shall be submitted to the Government upon request.

(e) All applicable requirements included in the delivery order, including this clause, shall be flowed down to the organization’s sub-tier suppliers.

9. OTHER AGREEMENTS NEEDED

The Government intends to provide land to the successful offeror for any contractor owned equipment needed to fulfill the requirement. Current cleared space readily available is approximately 160’ X 170’. Up to 350’ X 1,000’ can be made available with additional negotiation. A license agreement shall be required prior to onsite construction (see Attachment 1c for draft agreement). NASA will provide the successful offeror with access to electrical utilities. NASA will provide and install all hardware required for contractor connectivity to those electrical utilities. The contractor shall purchase all electrical power. A tenant agreement shall be required prior to onsite construction (see Attachment 1d for draft agreement). In the event there is a discrepancy or conflict between the contract and these agreements, the contract prevails.

10. SAFETY AND HEALTH PLAN

The Contractor’s Safety and Health Plan shall be submitted with the contractor’s proposal in accordance with NFS 1852.223-72, Safety and Health (Short Form) and will be incorporated into the resulting contract.

11. DISCLOSURE OF ORGANIZATIONAL CONFLICT OF INTEREST (OCI) AFTER

CONTRACT AWARD.

If the Contractor identifies an actual or potential OCI, the Contractor shall make a prompt and full disclosure in writing to the CO. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order or resolve the conflict.

12. SECURITY CONTROLS

Security Requirements: The Contractor shall require each employee engaged on the work site to display Government furnished identification badges and special access badges at all times. The Contractor shall upon termination of an employee, immediately deliver badges and/or passes issued to the employee to the SSC Protective Services Badging Office (Building 7001/North Reception Center or 3101/South Reception Center).

Access to Secure Areas: The work under this contract is performed in a secure area, needing specific access requirements. This secure controlled/restricted area is normally surrounded by fencing and has an entrance gate monitored by a guard or monitoring device. Access into such areas is categorized into "escorted" and "unescorted" access. All persons requiring unescorted access to a secure area shall be the subject of a favorable security investigation (security clearance) required for access to that area; however, in most cases, persons requiring access will be escorted by an approved escort official. The Contractor is responsible for providing escort services for any of its employees who are not eligible for unescorted access.

Privacy Act: The Contractor is bound by the rules as provided in the Privacy Act of 1974.

13. STENNIS SPACE CENTER CONTRACTOR EMPLOYEE BADGING

It is anticipated that performance of the requirements of this contract will require employee picture badging by SSC. Contractor requests for badging of employees shall be submitted electronically, prior to employee Enter on Duty Date, to the Propellant Coordinator (cc: COR and CO) who will enter the provided data into the Identity Management and Account Exchange (IDMAX) (also known as the “Personal Identity Verification (PIV) system”). Requests for badging will be routed electronically to any Federal civil service personnel responsible for approval prior to processing by the SSC Protective Services Office.

Contractor employees must undergo a background investigation prior to being issued a full-time Contractor badge granting access to SSC. Contractor employees not previously cleared for a full-time Contractor badge (e.g., not previously included in the NASA/SSC database) must complete the Electronic Questionnaires for Investigations Processing (EQIP) and sign the appropriate Release form(s) as soon as practicable. When these forms are completed and submitted to SSC Protective Services, the Contractor employees may be granted an extended visitor’s badge granting SSC access for a period not to exceed 29 calendar days. This 29-day period is normally more than adequate for the Government to conduct its Background Investigation if the applicant’s submission is truthful, accurate and complete, and there are no preexisting issues noted in the investigation. If the Contractor employee does not successfully clear the Background Investigation process within 29 calendar days, the extended visitor badge will be revoked. Any Contractor concerns regarding the timeliness of investigation processing should be raised to the CO.

The Contractor shall establish procedures to ensure that badged Contractor employees who no longer require access to the Center process out and turn in their badge to the SSC Protective Services Badging Office (Building 7001/North Reception Center or 3101/South Reception Center). An electronic PIV Employee Termination Request must also be submitted.

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

_X_ (12) 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).

__ (13) [Reserved] __ (14)

(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.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18)

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

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

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mat 2023) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

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

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

_X_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

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

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

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

__ (47)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

_X_ (48)(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 (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (Dec 2022) ( 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 (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

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

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

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).

(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-

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

b. (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

e. (v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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.

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

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

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

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

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

k. (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

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

(xiii)

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

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

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

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

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

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

2022).

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

(xix)

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

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

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

10 U.S.C. Subtitle A, Part V, Subpart G Note).

s. (xxi) 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.

t. (xxii) 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.

u. (xxiii) 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.

(End of clause)

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):

Federal Acquisition Regulation (FAR) clauses: http://www.acquisition.gov/far/ NASA FAR Supplement (NFS) clauses: https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

FEDERAL ACQUISITION REGULATION (FAR) (48 C.F.R. Chapter 1) CLAUSES:

The following FAR clauses are included by reference:

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.245-1 Government Property (SEP 2021) Alternate I (Apr 2012) 52.245-9 Use and Charges (APR 2012) 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

The following FAR clauses are included by full text:

52.204-27 – PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

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

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. Such orders may be issued from:

contract award to the last day of the period of performance.

(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.

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 specified minimum monthly quantity in the Schedule of Supplies above, 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 specified monthly max quantity in the Schedule of Supplies above;

(2) Any order for a combination of items in excess of the specified monthly max quantity in the

Schedule of Supplies above; or

(3) A series of orders from the same ordering office within the specified monthly max quantity in the Schedule of Supplies above that call for quantities exceeding the limitation in paragraph (b)(1) or

(2) of this section.

(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 10 Calendar 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.

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 the Performance Period above.

NASA FEDERAL ACQUISITION REGULATION SUPPLEMENT (NFS) (48 C.F.R. Chapter 18)

CLAUSES:

The following NFS clauses are included by reference:

1852.204-76 Security Requirements for Unclassified Information Technology Resources (JAN 2011) 1852.215-84 Ombudsman (NOV 2011) 1852.223-70 Safety and Health Measures and Mishap Reporting (DEC 2015) 1852.223-72 Safety and Health (Short Form) (JUL 2015) 1852.223-75 Major Breach Safety & Security (FEB 2002) Alternate I (FEB 2006) 1852.237-73 Release of Sensitive Information (JUN 2005)

The following NFS clauses are included by full text:

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 John C.

Stennis Space Center, 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 exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

(End of clause)

1852.232-77 Limitation of Funds (Fixed Price Contract) (MAR 1989)

(a) Of the total price of items through ________ and _________, the sum of $TBD is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

SCHEDULE FOR ALLOTMENT OF FUNDS

Date TBD Amounts TBD

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c)(1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until TBD.

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3)(i) The notice shall state the estimate when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a) of this clause.

This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

1852.245-76 List of Government Property Furnished Pursuant to FAR 52.245–1 (JAN 2011)

For performance of work under this contract, the Government will make available Government property identified in the agreed license agreement of this contract on a no charge-for-use basis pursuant to the clause at FAR 52.245– 1, Government Property, as incorporated in this contract. The Contractor shall use this property in the performance of this contract at SSC and at other location(s) as may be approved by the Contracting Officer.

Under FAR 52.245–1, the Contractor is accountable for the identified property.

LIST OF ATTACHMENTS

ATTACHMENT

NUMBER ATTACHMENT TITLE PAGES

1 Statement of Objectives 4 1a Responsibility Matrix 2 1b Analysis 8 1c Draft License Agreement 10 1d Draft Reimbursable Space Act Agreement 11

2 Pricing Sheet 2 3 List of Applicable References 1 4 Box Instructions 1 5 Provisions 29 6 Past Performance Matrix 1 7 Past Performance Questionnaire 2

8 Quality Assurance Surveillance Plan (Informational Only) 7

9 Historical Electric Rates (Informational Only) 1

10 Responses to Draft RFP Questions 1

Contractor shall submit Attachment 2 at the time proposals are due which will become part of the contract.

Attachments 1c, 1d and 4 – 9 will not become part of the contract award documents.

Attachment 1

STATEMENT OF OBJECTIVES (SOO)

GASEOUS NITROGEN GENERATION SOLUTION (GNGS) CONTRACT

I. Introduction:

NASA/Stennis Space Center (SSC) seeks to contract out the production and supply of gaseous nitrogen (GN2) through an interface developed between the commercial GN2 production unit and SSC’s existing piping network. SSC would thus provide adequately prepared physical space, access to electrical utilities, makeup cooling water and interface tie in valves and piping, while the awardee would provide high-purity gaseous nitrogen in accordance with the technical specifications listed within this document. The GN2 will be distributed throughout the test complex via the existing cross-country pipeline system.

II. Background:

S…