ADDENDUM FAR 52.212-1.docx

ADDENDUM TO 52.212-1

Instructions to Offerors - Commercial Products and Commercial Services Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

INSTRUCTIONS FOR PROPOSAL SUBMISSION

A. Failure to meet a requirement or adhere to an instruction may result in an offer being non-responsive and ineligible for award.

B. North American Industry Classification System (NAICS) code and small business size standard. In addition to the above, for NAICS code 325120 – To qualify as small for purposes of Government procurement, the industrial gas manufacturer, including its affiliates, must be a concern that has no more than 1,200 employees. Employee size standard includes all domestic and foreign affiliates, all owned or leased facilities, and all facilities under a processing agreement or an arrangement such as an exchange agreement or a throughput. To qualify under the employee size standard, the firm, together with its affiliates, must be primarily engaged in industrial gas manufacturing. A firm’s “primary industry” is determined in accordance with 13 CFR § 121.107.

C. Submission of Offers: Offers shall be submitted by the due date and time provided on the SF1449 block 8. Proposals shall be submitted electronically only to Contract Specialist, Matthew Simkovsky, at email matthew.simkovsky@dla.mil and Contracting Officer, Leno Smith, at email leno.smith @dla.mil on or before 3:00 PM, Central Time (CT), Wednesday, January 28, 2026.

The response shall consist of four (4) separate volumes:

Volume I – Technical Proposal Volume II – Past Performance Proposal Volume III – Price Proposal Volume IV – Small Business Subcontracting Plan Volume V – Summary and Miscellaneous Data

1. The Standard Form 1449 must be completed, all SF-30 solicitation amendments (if applicable), Quality Control Plan (QAP E1.15 in Attachment B), Manufacturing and Filling Points (per QAP E33.10 in Attachment B), Contractor Performance Data Sheet (Attachment C), Pricing Worksheet (Attachment D), Technical Proposal Document (Attachment G), and all certifications and representations.

2. Document Content File Format –Required documents must be submitted via electronic email with a request receipt and should be clearly marked as to solicitation identification and the Offeror’s name, address, and CAGE Code.

3. Offerors shall assume that the Government has no prior knowledge of their experience and will base its evaluation on the information presented in the Offeror’s proposal. Submitted documents must contain information to meet the requirements of the RFP and must address the evaluation factors for award. The Offeror’s proposal must convey to the Government that the Offeror is capable, possesses sufficient technical expertise and experience, possesses sufficient resources, and is able to plan, organize, and use those resources in a coordinated and timely fashion such that technical requirements will be achieved. The Government will not make other than reasonable efforts to ascertain the meaning of a proposal submission. Proposals found to be incomplete or disorganized may be found technically unacceptable or non-responsive. If so, evaluation of that proposal will be stopped because the evaluators could not reasonably ascertain whether the proposal meets the technical evaluation factors of this solicitation.

4. All information contained in the proposal that an Offeror feel is proprietary should be labeled “Source Selection Information—See FAR 2.101 and 3.104.” Additionally, in accordance with the Department of Defense (DoD) and the Federal Acquisition Regulation (FAR), Controlled Unclassified Information (CUI) markings in a technical proposal should follow specific guidelines to ensure the proper protection of sensitive but unclassified information. Here are the general CUI markings that should be applied:

a. CUI Banner Marking: Each page that contains CUI should have a CUI banner marking at the top or bottom of the page.

b. The format should include: The acronym "CUI"

5. Exceptions (price or technical) taken to the terms and conditions of the solicitation and any attachments shall be identified in the offeror’s response. Each exception shall be related to a specific paragraph or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain the impact, if any, on the performance, price, and requirements of the solicitation. Unless the Government’s expressly accepts the exception, failure to agree to the terms and conditions of the solicitation may result in the Offeror being removed from consideration for award.

6. Offerors are advised that their proposals may be found unacceptable if exceptions are taken to the solicitation requirements without the Government’s express acceptance of the exception. All exceptions to the solicitation requirements (including the Statement of Objectives (SOO)) and supporting rationale shall be identified in the offeror’s response. The overview section will not be included in the page count. Exception(s) to solicitation requirements may require the Government to amend the solicitation to reflect requirement change(s) if the Government accepts the exceptions. If the Offeror takes no exception to the stated requirements, a statement to this effect shall be included in the respective volume.

7. Question and Answer Period: Any questions relating to this solicitation and its attachments shall be submitted in writing by email addressed to the Contracting Officer Leno Smith and Matthew Simkovsky by 3:00 PM CT on Friday, January 9, 2026. Any questions received after this date may or may not be answered due to the constraints of the solicitation. Comment by Brown, Kelsey CIV DLA ENERGY (USA): Probably should include Matthew.

8. Note that emails with electronic files greater than 10MB in size will be rejected by the Government’s network.

D. Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.

1. Content of Proposal: Submitted offer must include a “Technical Proposal” in sufficient detail that meets the requirements in the solicitation. A general statement of compliance or restatement of the requirement specifications is insufficient. Offeror is responsible for ensuring the proposal provided addresses all specifications listed in this solicitation. Descriptive literature information such as illustrations, drawings, or a clear reference, such as website information must be made readily available to the Contracting Officer upon request. The Contracting Officer is NOT responsible for locating or obtaining any information not identified in the proposal and literature.

2. The following is inserted as a new paragraph (m) of the provision:

“(m) Proposal Preparation Instructions. (A) To ensure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Offerors must clearly identify any exception to the solicitation terms and conditions as well as provide accompanying rationale.

VOLUME I – TECHNICAL PROPOSAL (submit 1 copy)

Factor 1 - Technical Approach. Offeror shall provide a technical proposal that addresses the following subfactors:

Subfactor 1.1. Offeror must ensure a reliable supply of products that is on-spec and provide services to meet the Government's requirement that address the following factors: Comment by Brown, Kelsey CIV DLA ENERGY (USA): I noticed you are incorporating my previous edits. Thank you! However, after reviewing them again I decided to change the wording up a bit.

Subfactor 1.1 a. Production capability per day of proposed fill plant(s).

Subfactor 1.1 b. Plant storage capacity for products offered.

Subfactor 1.1 c. If applicable, for each location proposed on, Offeror must describe type number and size of containers that will be used for the delivery of product to the customer.

Subfactor 1.1 d. If the contract requires maintenance and repair of Government owned equipment, such as repairs to cylinders or tube trailers, then Offeror shall describe how such services will be performed to meet solicitation requirements.

Subfactor 1.1 e. The Offeror shall describe their in-process quality control procedures that will be implemented to ensure the production and delivery of on-spec products. These procedures must meet the following minimum requirements:

a. Nitrogen, Technical shall meet the requirements of A-A-59503E or most current version.

b. Nitrogen shall meet the requirements of CGA G-10.1-2023 or most current version.

c. Oxygen, Propellant shall meet the requirements of MIL-PRF-25508J or most current version.

d. Oxygen, Aviator’s Breathing shall meet the requirements of MIL-PRF-27210J or most current version.

e. Nitrogen, Propellant Pressurizing Agent shall meet the requirements of MIL-PRF-27401H or most current version.

f. Argon, Propellant Pressurizing Agent shall meet the requirements of MIL-PRF-27415D or most current version.

The Offeror’s quality control procedures must include, the following elements: Regular inspections at key points in the production process. Testing of raw materials and finished products against specification requirements. Traceability of all products through the production and delivery process. Documentation of quality control results and corrective actions taken to address any non-conformance. A system to ensure that all products shipped under the contract meet the applicable MIL-SPEC and CID specifications.

Subfactor 1.1 f. The Offeror shall provide a quality sampling plan that ensures each shipment meets the product quality requirements stated in the applicable specification or product description.

Subfactor 1.2. Description of Contractor-furnished equipment at a location other than the Contractor’s facility (e.g. on Government property) such as storage tanks or back up pumps.

Subfactor 1.2 a. Describe all contractor provided equipment to include a description of size, certifications, instrumentation, design parameters, etc.

Subfactor 1.2 b. Include a timeline for the purchase, installation, testing and commissioning of the equipment.

Subfactor 1.3. Describe the method for securing delivery container(s) and/or cargo tank openings with tamper indicating devices (i.e. seals) to prevent tampering and/or pilferage from the time the cargo tank is loaded until it is delivered to its destination.

Subfactor 1.4. Supply Commitment Letter: If the Offeror is not the manufacturer of the product to be delivered under this acquisition or is otherwise proposing to provide product from a fill plant or production facility other than one owned and operated by the Offeror, then the Offeror shall provide a written supply commitment letter from the owner of production facility from where the product will be obtained in performance of any resultant contract. The supply commitment letter shall be submitted on owner’s fill plant company letterhead. The written supply commitment letter shall clearly indicate: Comment by Brown, Kelsey CIV DLA ENERGY (USA): Whose contract? Our contract? Or the contract with the manufacturer? Either way, suggest deletion of “under the contract.”

Subfactor 1.4 a. The owner of the fill plant or production facility is willing to provide the products and/or services quantities required to be delivered/performed under any resultant contract for the duration of the delivery period shown in the Schedule.

Subfactor 1.4 b. Confirmation of the quantity and specification of the products to be delivered.

Subfactor 1.4 c. Signature of the owner of the fill plant or production facility. It shall be presented on the official letterhead of the owner's company and dated within the solicitation period. Comment by Brown, Kelsey CIV DLA ENERGY (USA): Within 3 months of the solicitation? 6 months? A month? Or you can say letter shall not be less than 90 days old. Or the letter shall be issued within 90 days of the solicitation. Either way, I think we should put an age range as to how old we want the letter to be.

Subfactor 1.5. Supply a Quality Control Plan for review to facilitate a Pre-Award Survey (PAS) and Manufacturing Fill Point Capability Review.

Subfactor 1.5 a. Pre-Award Survey Compliance: The Offeror must comply with the requirement to submit a completed Manufacturing and Fill-Point form from Attachment B as part of their proposal. Failure to submit the required documentation will result in an unacceptable evaluation.

Subfactor 1.5 b. Production Capability Assessment: The Offeror’s facilities, equipment, and processes must meet the production demands of the solicitation. This includes manufacturing capacity, operational efficiency, and resource availability.

Subfactor 1.5 c. Risk Mitigation and Performance Assurance: The Offeror must have a clear plan for mitigating potential risks related to non-performance, including any measures for ensuring sufficient capacity for meeting delivery timelines and production volume requirements.

VOLUME II– PAST PERFORMANCE PROPOSAL. (submit 1 copy) Factor 2 - Past Performance. Offerors shall complete and use Solicitation Attachment C – Contractor Performance Data Sheet to present their past performance. Additionally, a description of the requirement and an explanation of how it relates to the current requirement must be included on a separate sheet.

Recent contracts are defined as those with ordering periods or deliveries occurring, at least in part, within the last two (2) years. For this procurement, relevance is defined as being substantially similar to the current requirement in terms of effort, complexity, dollar value, contract type, and subcontracting/team arrangements. Offerors shall provide no more than three

(3) examples of past performance. The past performance proposal must not exceed 10 pages. Comment by Brown, Kelsey CIV DLA ENERGY (USA): Same comment about checking the font.

VOLUME III– PRICE PROPOSAL. (submit 1 copy)

Factor 3 – Price Proposal.

Offerors shall annotate unit prices on Solicitation Attachment D - Pricing Worksheet. Unit prices and extended amounts must be entered on the Pricing Worksheet in the Contract Line-Item Number Structure for each CLIN, with the extended amount equal to the Unit Price multiplied by the number of Units. Ensure all calculations are accurate on the Pricing Worksheet. Unit prices and extended amounts are limited to two decimal places and must not be rounded.

Reasonableness: The determination of price reasonableness will involve reviewing all the proposed CLINs. It is anticipated that adequate price competition will satisfy the requirement for price reasonableness for this effort. In general, adequate price competition is sufficient to ensure price reasonableness. For a price to be considered reasonable, it must represent a price that a prudent person would pay, taking into account market prices and affordability. If adequate price competition is not obtained, or if price reasonableness cannot be determined, the Government may require additional information from the offeror to support the proposed price.

Balance: The Government will analyze proposals to determine whether they are unbalanced with respect to CLIN prices, in accordance with FAR 15.404-1. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

Data Other than Certified Pricing Data: If required by the Contracting Officer, data other than certified pricing shall be evaluated to support a determination of reasonable and balanced pricing. This information will only be requested if all other sources have been insufficient to support a determination of reasonable and/or balanced pricing.

Total Evaluated Price (TEP): TEP will be used for evaluation purpose only. Evaluation of options shall not obligate the Government to exercise such options. The total evaluated price will be derived by multiplying the estimated quantity times the unit price for the CLINs.

Extreme care should be exercised to ensure that no price data of any kind are included in any other volumes of the proposal.

VOLUME IV– DLA SMALL BUSINESS SUBCONTRACTING PLAN (submit 1 copy)

1. Volume IV - This volume shall contain the Small Business Subcontracting Plan. The Government is committed to maximizing opportunities for small businesses in its procurements. Because this acquisition is anticipated to exceed $7.5 million, all offerors (except small business concerns) are required to submit a comprehensive Small Business Subcontracting Plan in accordance with FAR 52.219-9. The Government will evaluate the Offeror's Small Business Subcontracting Plan to determine whether it demonstrates a commitment to maximizing subcontracting opportunities for small businesses, small-disadvantaged businesses (SDB), women-owned small businesses (WOSB), economically disadvantaged women-owned small businesses (EDWOSB), veteran-owned small businesses (VOSB), and service-disabled veteran-owned small businesses (SDVOSB). The Government will assess the realism and achievability of the proposed goals, the effectiveness of the outreach efforts, and the overall commitment to small business participation.

1. Submission Requirements: Offerors shall complete and submit Attachment M – DLA Energy Small Business Subcontracting Plan Form. Failure to submit a completed Attachment M will result in the proposal being deemed non-responsive and may be ineligible for award. Comment by Brown, Kelsey CIV DLA ENERGY (USA): You already said that above.

VOLUME V– SUMMARY AND MISCELLANEOUS DATA (submit 1 copy)

The Offeror shall provide a Master Table of Contents of the entire proposal.

Offeror must submit a cover page with the following:

1. Solicitation number

2. Business name, address, offeror point of contact name with email and phone number

3. Small Business Status/Categories as appropriate

4. Cage Code and Unique Entity Identifier

5. A statement that your company understands the requirements specified in the Statement of Objectives (SOO) and will meet the performance standards and requirements therein.

6. A statement that your company does take exceptionto any of the requirements of the SOO or terms/conditions of the resulting contract. If no exceptions are taken, then submit an affirmation statement of no exceptions, deviations, or waivers to the solicitation, attachments, or resulting contract.

7. Total Price along with discount terms.

Offeror must submit an acknowledgement of all solicitation amendments, if issued, as well as an acknowledgement of all solicitation clauses and provisions. Comment by Brown, Kelsey CIV DLA ENERGY (USA): Duplicative.

Along with the requirements outlined in FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services, Offeror shall submit the latest online Representations and Certifications at www.sam.gov along with the proposal. For other clauses and provisions in this solicitation, the Offeror is required to submit pages that require Offeror fill-in along with proposal via email.

Documents submitted in response to this solicitation must be consistent with the following:

1. Requirements of the solicitation (CLINs and SOO) and Government standards and regulations pertaining to the SOO.

2. FAR 52.212-2, Evaluation – Commercial Products and Commercial Services, of this solicitation.

3. If a volume in the offer exceeds the specified page limit, the excessive pages will not be evaluated.

4. The entire original offer shall be submitted electronically via email to Contract Specialist, Matthew Simkovsky, at email matthew.simkovsky@dla.mil and Contracting Officer, Leno Smith at email leno.smith@dla.mil.

5. The offeror shall submit one electronic version of each deliverable item, do not submit duplicate Volumes/files. The electronic version shall be submitted in a format readable by Microsoft Office, which includes software programs such as WORD, EXCEL, or PowerPoint. For those pages of the offer that cannot be submitted using Microsoft Office, such as the Standard Form 1449, the Offeror shall include those pages electronically using Adobe Acrobat portable document files (.pdf) format.

6. Each volume shall be complete and shall not reference information contained in other volumes. Page 1 of a volume is defined as the first page after the Table of Contents. All pages shall be numbered. Price data of any kind shall be presented only in the Price Proposal Volume III. Elaborate formats and color presentations are not desired or required. The following table summarizes the proposal submission:

NOTE: Offerors are advised that the entire proposal package submission, inclusive of all attachments, shall not exceed ten (10) megabytes MB. It is recommended the offeror submit their proposal to the Contracting Officer with a “Read Receipt” request.

(End of Addendum)