RFQ - SS Nat Gas 80SSC021Q0002_Final.pdf

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National Aeronautics and Space Administration

John C. Stennis Space Center Stennis Space Center, MS 39529-6000

6/30/2021

SUBJECT: Request for Quotation (RFQ) 80SSC021Q0002, Southside Natural Gas for John C. Stennis Space Center

This solicitation includes the following sections:

1. Statement of Work/Bid Schedule – Section 1

2. Instructions to Offerors – Section 2

3. Contract Clauses/Terms and Conditions – Section 3

4. Quote Evaluation Criteria – Section 4

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SECTION 1

STATEMENT OF WORK/BID SCHEDULE

PERFORMANCE WORK STATEMENT

1. SUPPLIES AND/OR SERVICES TO BE FURNISHED

The contractor shall deliver uninterruptible natural gas (Gas) supplies to the existing metering station of the National Aeronautics and Space Administration’s John C. Stennis Space Center, Stennis Space Center

(SSC), MS.

2. POINT OF DELIVERY

The point of delivery of natural gas shall be the North Fee Area Boundary of SSC (Station Location Number

– 2568) and one additional Station Location Number to be determined at a later date.

3. CONTRACT PRICING

The Contractor shall supply natural gas in accordance with the terms and conditions of this contract for an annual fixed coefficient plus the monthly natural gas supply market price as identified in the McGraw Hill publication “Inside FERC’s Gas Market Report” Prices of Spot Gas Delivered to Pipelines Index for South Louisiana Henry Hub (monthly index). The price of Gas per MMBTU (dry) under this contract shall be the sum of the monthly index and the annual coefficient. The total monthly bill shall be the sum of the monthly index and the annual coefficient multiplied by the actual MMBTUs delivered each month. The Contracting Officer will approve the economic price adjustment by unilaterally issuing a contract modification annually reflecting actual prices paid during the contract year

4. TAXES AND ROYALTIES

The Government shall not be obligated to pay any severance taxes, royalties, overriding royalties or any payments out of production due on such gas required by SSC. The Contractor shall cooperate with the Government to determine whether present or prospective state and/or local taxes applied to natural gas sales consistent with the principle that the property, functions, and instrumentalities of the Federal Government are immune from state taxation, provided that the Government shall be responsible for determining the appropriateness of any taxes. Immunity from taxation is clearest when the incidences of such taxes are directly traceable to the Government and are applied to the Government as the end user. To the extent such taxes are included in the contractor’s price and are thereafter found to be improper, the Contractor’s price shall be adjusted accordingly.

5. FILINGS WITH REGULATORY AUTHORITIES

The Contractor shall file and pay for any filings covering this Contract with the applicable Federal, State, or local regulatory authorities on behalf of the Government and itself, and shall diligently prosecute all applications, notices, or reports required with respect to this Contract.

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6. DATA REQUIREMENTS

With each monthly bill, the Contractor, in written and Microsoft Excel electronic format, shall provide the following data:

a. Volume of Gas provided, in Mcf.

b. Average Heating Value of Gas provided, in BTUs per cubic foot.

c. Energy provided, in MMBTUs.

d. Average Gas Temperature, in degrees Fahrenheit.

e. Daily Specific Gravity, an arithmetic average of hourly measurements.

f. Test data to validate that the gas quality requirements in Section 11 have been met.

For the contract’s duration, the Contractor shall provide a subscription to “Inside FERC’s Gas Market Report”, to be delivered to the COTR.

7. DEFINITIONS

a. Natural Gas – “Natural Gas” (Gas) shall mean any mixture of hydrocarbons or of hydrocarbons and non-combustible gases, in a gaseous state, consisting essentially of methane.

b. British Thermal Unit (BTU) – One BTU is defined as the quantity of heat required to raise the temperature of one-pound avoirdupois of pure water from fifty-eight and five-tenths degrees Fahrenheit to fifty-nine and five-tenths degrees Fahrenheit at a constant pressure of fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia).

c. Heating Value – “Heating Value” shall mean the number of BTUs produced by the complete combustion, at a constant pressure, of the amount of dry (saturated) gas which would occupy a volume of one (1) cubic foot at a temperature of sixty degrees Fahrenheit (60oF), at a constant pressure of fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia) and under standard gravitational force (acceleration of 980.665 cm per second per second) expressed in BTUs per cubic foot.

d. One Thousand Cubic Feet (Mcf) – “Mcf” shall mean the quantity of natural gas occupying a volume of one thousand (1,000) cubic feet at a temperature of sixty degrees Fahrenheit (60oF) and at a pressure of fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia).

e. MMBTU – “MMBTU” means one million (1,000,000) BTUs.

f. Assumed Atmospheric Pressure – The average atmospheric pressure shall be assumed to be fourteen and seventy-three hundredths (14.73) pounds per square inch, irrespective of actual elevation or location of the point of delivery above sea level or variations in such atmospheric pressure from time to time.

g. Therm - a unit of heat equivalent to 100,000 Btu or 1.055 × 108 joules.

h. Dekatherm - (dth) is a unit of energy used primarily to measure natural gas. It is a combination of the prefix for 10 (deca, often with the US spelling "deka") and the energy unit therm. One dekatherm is equal to 10 therms or one million British thermal units (Btu) or 1.055 GJ.

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8. QUALITY

All natural gas (Gas) supplied under this contract shall be of pipeline quality, and shall conform to the following specifications:

a. Heating Value – The Gas delivered shall contain a monthly average heating content between nine hundred seventy-five (975) and eleven hundred seventy-five (1175) BTUs per cubic foot.

b. Temperature – The Gas shall be delivered at a temperature between forty degrees (40o) and one hundred twenty degrees (120o) Fahrenheit.

c. Methane – The Gas shall contain a minimum of ninety-five percent (95.0%) of methane by volume.

d. Oxygen – The Gas shall not contain more than one tenth of one percent (0.1%) of uncombined oxygen by volume. The contractor shall make reasonable efforts to remove all oxygen from the Gas.

e. Carbon Dioxide – The Gas shall not contain more than two percent (2.0%) carbon dioxide by volume.

f. Nitrogen – The Gas shall not contain more than three percent (3.0%) nitrogen by volume.

g. Hydrogen – The Gas shall not contain more than four hundred parts per million (400 ppm) of hydrogen.

h. Isopentane – The Gas shall not contain more than two-tenths (0.20) gallons of isopentane or heavier hydrocarbons per Mcf.

i. Hydrogen Sulphide – The hydrogen sulphide content shall not exceed twenty-five hundredths (0.25) grain per one hundred (100) cubic feet of Gas.

j. Total Sulphur – The total sulphur content, including mercaptans and hydrogen sulphide, shall not exceed 20 grains per one hundred (100) cubic feet of Gas.

k. Other Gases – The Gas shall not contain carbon monoxide, halogens, or unsaturated hydrocarbons.

l. Water Vapor – The Gas shall in no event contain water vapor in excess of seven (7) pounds per one million (1,000,000) cubic feet.

m. Liquids – The Gas shall not contain water and other objectionable liquids at the temperature and pressure at which the Gas is delivered. The Gas shall not contain any hydrocarbons that might condense to free liquids in the pipeline under normal pipeline conditions.

9. MEASUREMENT

a. Unit of Measurement Metering Base: The volumetric measurement base shall be one (1) cubic foot of gas at a pressure base of fourteen and seventy-three hundredths pounds per square inch absolute (14.73 psia), at sixty degrees Fahrenheit (60oF), and without adjustment for water vapor content. To determine the volume of gas delivered, factors for pressure, temperature, specific gravity and deviation from Boyle’s Law shall be applied. The measurement shall be corrected for deviation from Boyle’s law at the pressures and temperatures under which gas is measured by use of the NX-

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19 formula appearing in the manual entitled “PAR Research Project NX-19, Extension of Range of Supercompressibility Tables”, AGA Catalogue No. 48/PR, published by the AGA in 1963, or as supplemented or amended from time to time.

b. Temperature: The temperature of the natural gas flowing through the meter or meters shall be the arithmetic average of the hourly temperature record; or read from established tables of monthly averages for the service location.

c. Specific Gravity: The specific gravity of the gas flowing through the meter or meters may be determined by the use of a recording gravitometer furnished and installed by the contractor so that it will properly record the specific gravity of the gas flowing through the meter or meters, or by the use of a chromatograph, continuous gas sampler, or by the taking of gas samples. The arithmetic average of hourly specific gravity measurements recorded each day shall be used in computing the volume of gas for that day. The specific gravity of the composite sample taken from a continuous gas sampler shall be considered as the specific gravity of the gas delivered during the applicable period of sampling. If the specific gravity is determined by a portable gravitometer or chromatograph, or from the taking of samples, the result shall apply to gas deliveries for the day of the test and for all flowing days until a new test is taken. All specific gravity determinations made with a chromatograph shall use physical gas constants for gas compounds as outlined in the most recent edition of ANSI/API 2530 on “Orifice Metering of Natural Gas”.

d. Measuring Equipment: The Contractor shall furnish, install, maintain, operate, calibrate, and read, at its expense, a measuring station properly equipped with displacement or orifice meters and other necessary measuring equipment of standard manufacture by which the volume and heating value of the gas delivered to the metering point hereunder shall be measured. The Contractor may utilize the measurement facilities provided by Gulf South Pipeline Company at the delivery point to the extent allowed by Gulf South. Where measurement is by orifice meter, all fundamental constants, observations, records, and procedures involved in the determination and/or verification of the quantity and other characteristics of gas delivered shall be in accordance with the standards prescribed in the most recent edition of ANSI/API 2530 on “Orifice Metering of Natural Gas”.

Measurement by turbine meter shall be in accordance with the most recent edition of AGA Report No. 7. Where measurement is by other than orifice meter, standards commonly acceptable in the industry shall be used in determination of all factors involved in the computation of gas volumes.

The Government may install check-measuring equipment, as it shall desire, provided that such equipment shall be so installed as not to interfere with the operations of the Contractor. The contractor shall have access to such check-measuring equipment at all reasonable hours, but the reading, calibration, and adjustment thereof and the Government shall do the changing of charts unless otherwise agreed upon.

Both the Contractor and the Government shall have the right to be present at the time of installation, reading, cleaning, changing, repairing, inspecting, testing, calibrating or adjusting done in connection with the other’s measuring equipment used in measuring deliveries. The records from such measuring equipment shall be made available upon request in which case each will submit to the other its records and charts, or true copies thereof, together with calculations there from, for inspection and verification.

Reasonable care shall be exercised in the installation, maintenance and operation of any pressure regulating equipment so as to avoid any inaccuracy in the determination of the volume of gas delivered.

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e. Meter Tests: The Contractor shall inspect, test, and calibrate the measuring equipment upon installation, and periodically thereafter, at the Contractor’s expense. The Contractor shall notify the Government Contracting Officer one (1) week prior to such inspections and tests in order that a representative of the Government may be present. Whenever any meter or measurement device is found to be defective, the Contractor shall take immediate steps to replace or repair the defective equipment. The Government shall have the right to request a special meter test at any time. If any test made at the Government’s request discloses that the equipment tested is registering within the established standards, the Government shall bear the expense of such test. The expense of other tests shall be borne by the Contractor. In any event, at its option, the Government may, subject to an arrangement satisfactory to the Contractor and at the Government’s expense, have such meter or meters, as it deems inaccurate, tested by the National Institute of Standards and Technology (NIST), the findings of which shall be conclusive.

f. Correction of Metering Errors: If upon any test the measuring equipment in the aggregate is found to be inaccurate by three percent (3.0%) or more, registration thereof and any payments based upon such registration shall be corrected at the rate of such inaccuracy for any period of inaccuracy which is definitely known or agreed upon, but in case the period is not definitely known or agreed upon, then for a period extending back one-half (1/2) of the time elapsed since the last day of calibration.

g. Meter Reading: The Contractor, so far as possible, shall read all meters at periodic intervals of approximately thirty (30) days, unless otherwise agreed upon. All billings based upon meter readings of less than twenty-seven (27) days or more than thirty-three (33) days shall be prorated accordingly.

h. Failure of Meters: If for any reason the measuring equipment is out of service or out of repair so that the quantity of gas delivered through such measuring equipment cannot be ascertained or computed from the readings, the quantity of gas so delivered during the period in which the measuring equipment is out of service or out of repair shall be estimated and agreed upon by the Contracting Officer and the Contractor, using the best available data, using the first of the following methods which is feasible:

(i) By using the registration of any duplicate measuring equipment installed by the Contractor if installed and registered correctly;

(ii) By correcting the error if the percentage of error is ascertainable by calibration, test, or mathematical calculation;

(iii) By using the registration of any check measuring equipment of the Government if installed and registering accurately;

(iv) By estimating the quantity of deliveries by deliveries during preceding periods under similar conditions when the measuring equipment was registering accurately.

10. PIPELINE AGREEMENT

NASA/SSC Natural Gas supply and transportation of Natural Gas is exclusively delivered on Gulf South Pipeline Company, LP, who is the owner of the pipeline. The Successful Offeror shall have their own transportation usage agreement with Gulf South Pipeline Company, LP, which shall be maintained throughout the entire period of performance of the contract to ensure uninterrupted service. Additionally, the Successful Offeror shall include in their monthly invoice to NASA, the applicable charges from Gulf South Pipeline Company, LP per their agreement. Additionally, the successful Offeror shall provide the

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Contracting Officer with a copy of the most current agreement on an annual basis as well as maintain a current copy for their files throughout the performance of the contract.

11. STENNIS SPACE CENTER SOUTHSIDE NATURAL GAS HISTORICAL MONTHLY

CONSUMPTION REPORT

Month MCF Month MCF

OCT 2019 6638 OCT 2020 6,706

NOV 2019 12058 NOV 2020 13,887

DEC 2019 13306 DEC 2020 14,507

JAN 2020 15414 JAN 2021 14,837

FEB 2020 10877 FEB 2021 13,902

MAR 2020 11290 MAR 2021 11,128

APRIL 2020 11168 APRIL 2021 9,952

MAY 2020 8878 MAY 2021 9,976

JUNE 2020 7004 JUNE 2021 8,190

JULY 2020 7679 JULY 2021 8,129

AUG 2020 6837 AUG 2021 6,282

SEPT 2020 5633 SEPT 2021 7,563

TOTAL 241,841

BID SCHEDULE:

CLIN Item Description Estimated Annual Gas

Volume Usage in CCF/MCF

Estimated Unit Cost

Cumulative Estimated Contract Cost

1 Natural Gas provided to Large meters per the attached statement of work.

Mcf Per Mcf

Period of Performance 10/01/2021 – 5/31/2023 221,967

TOTAL CLIN 001 (20 Months) 10/01/2021 – 5/31/2023

Mcf 221,967

$0.00

Total Mcf 221,967 $0.00

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SECTION 2

INSTRUCTION TO OFFERORS

☒52.212-1 Instructions to Offerors – Commercial Items (Jun 2020) Addendum to 52.212-1, General Instructions:

NASA/Stennis Space Center (SSC) Office of Procurement has a requirement for Uninterruptable Natural Gas Supply support for the Southside Utilities for the John C. Stennis Space Center, located in Stennis Space Center, MS (Hancock County).

NASA/SSC is the procuring center for this effort. Performance will be located at NASA/Stennis Space Center

(SSC).

This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-05. The Government intends to acquire commercial items and services using the provisions, clauses and procedures prescribed in FAR Part 12 and FAR Part 13.5.

This is a Request for Quotations (RFQ), 80SSC021Q0002. Additional details are included in the attached RFQ file. The attached RFQ file is hereby incorporated into this solicitation.

Quotes for the item(s) described in the RFQ are due no later than 7/14/2021 by 4:00 p.m. CT to Gregg De Felicibus at Gregg.a.defelicibus@nasa.gov in order to be considered for award. If it is in the best interest of the Government, quotes submitted after the due date may be accepted. Quotes shall remain valid for 60 days unless otherwise expressly stated on the quote. Submitted Quotes shall list two points of contacts including name, phone number, and email address.

The Government will not pay any Offeror for preparation of their quote.

Quote Requirements: The offeror shall address compliance with each of the following elements addressed in the Performance Work Statement (PWS):

a. (PWS, Section 1) ability to provide uninterruptible natural Gas to the existing metering station.

b. (PWS, Section 5) process for compliance with the filings with regulatory authority.

c. (PWS, Section 6) process for complying with each of the data requirements.

d. (PWS, Section 8) process for complying with each of the quality requirements.

e. (PWS, Section 10) process and ability to establish and maintain an agreement with Gulf South.

f. Provide a Safety and Occupational Health Plan

All contractual and technical questions must be submitted in writing via e-mail to Gregg De Felicibus at Gregg.a.defelicibus@nasa.gov no later than 7/6/2021 by 12:00 p.m. CT. Telephone questions shall not be accepted.

The NAICS Code for this procurement is 221210.

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This procurement is a HUBZone set aside. The Small Business Size Standard is 1,000 employees.

All Offerors shall include DUNS Number and CAGE Code on their submitted quote. Offeror’s shall be registered at https://sam.gov/content/home in order to be considered for award.

All Offerors shall provide, with their quote, their transportation usage agreement (FIRM or partnership) with Gulf South Pipeline Company, LP which shall be maintained throughout the entire period of performance of the contract to ensure uninterrupted service.

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SECTION 3

CONTRACT CLAUSES/TERMS & CONDITIONS

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR FAR | Acquisition.GOV NFS NASA FAR Supplement | https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

Addendum to FAR 52.212-2 – Evaluation – Commercial Items (October 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

Low Price Technically Acceptable.

Low Price will be evaluated using FAR 15.4 as guidance, and the successful Offeror shall be determined to be responsible in accordance with FAR 9.104-1.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.233-2 -- Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

NASA Stennis Space Center Office of Procurement Building 1100 Gregg De Filicibus DA20 Stennis Space Center MS 39525

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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(End of provision)

APPLICABLE COMMERCIAL ITEM CLAUSES

This order is for a commercial item subject to the terms and conditions of FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018), incorporated by reference; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders, Commercial Items (Mar 2020) attached to this order; and any additional terms and conditions checked below or included as Center specific requirements as an addenda to 52.212-4.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.203-17 Contractor Employee Whistleblower Rights and Requirement Inform Employees of Whistleblower Rights (Jun 2020) 52.204-07 System for Award Management (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

Personal Identity Verification of Contractor Personnel procedures are included in Attachment II.

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (Aug 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.212-3 Offeror Representations And Certifications—Commercial Items (Feb 2021) 52.217-5 Evaluation of Options (Jul 1990) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Or

Transactions Relating to Iran – Representation and Certifications (Aug 2018) 52.232-18 Availability of Funds (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.241-2 Order of Precedence-Utilities (Feb 1995) 52.241-4 Change in Class of Service (Feb 1995) 52.241-5 Contractor’s Facilities (Feb 1995) 52.242-13 Bankruptcy (July 1995)

NASA FEDERAL ACQUISITION REGULATION SUPPLEMENT (NFS) (48 CFR CHAPTER 18)

CLAUSES INCORPORATED BY REFERENCE:

1852.203-71 Requirements to Inform Employees of Whistleblower rights (AUG 2014) 1852.215-84 Ombudsman (Nov 2011) 1852.216-78 Firm Fixed Price (Dec 1988) 1852.232-80 Submission of Vouchers/Invoices for Payment (Apr 2018) 1852.237-73 Release of Sensitive Information (JUNE 2005) 1852.242-72 Denied Access to NASA Facilities (Oct 2015) 1852.245-76 List of government property furnished pursuant to FAR 52.245-2 (JAN 2011)

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FAR PROVISIONS IN FULL TEXT:

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

EXECUTIVE ORDERS - COMMERCIAL ITEMS (Jan 2021)

(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 items:

(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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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)).

[Contracting Officer check as appropriate.]

(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 items:

☒(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jun 2020)

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

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☐(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).

☒(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) (31 U.S.C. 6101 note).

☒(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41 U.S.C. 2313).

☐(10) [Reserved]

☒(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.

657a).

☐(ii) Alternate I (Mar 2020) of 52.219-3.

☐(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar

2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

☐(ii) Alternate I (Mar 2020) of 52.219-4.

☐(13) [Reserved]

☐(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2020) (15 U.S.C. 644).

☐(ii) Alternate I (Mar 2020).

☐(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.

☒(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐(17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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.

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

☐(v) Alternate IV (Jun 2020) of 52.219-9.

☐(18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☒(19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

☐(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

☐(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15

U.S.C. 657f).

☒(22) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.

632(a)(2)).

☐(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

☒(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

☒(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

☒(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

☒(29) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (July 2014) of 52.222-35.

☒(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2020) (29 U.S.C. 793).

☐ (ii) Alternate I (July 2014) of 52.222-36.

☒(31) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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☒(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

☒(33) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

☐(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

☐(35) (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.)

☐(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

☐(38) (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.

☐(39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

☐(ii) Alternate I (Jun 2014) of 52.223-14.

☐(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐(41) (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.

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☒(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020)

(E.O. 13513).

☐(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

☐(ii) Alternate I (Jan 2017) of 52.224-3

☒(46) 52.225-1, Buy American--Supplies (Jan 2021) (41 U.S.C. chapter 83).

☐(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 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 (May 2014) of 52.225-3.

☐(iii) Alternate II (May 2014) of 52.225-3.

☐(iv) Alternate III (May 2014) of 52.225-3.

☐(48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒(49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐(50) 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. 2302 Note).

☐(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

☐(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

17 V1.JUNE 2021

☒(55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐(56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

☐(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

☐(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.]

☐(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

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

U.S.C. chapter 67).

☐(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

☐(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

18 V1.JUNE 2021

☐(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

☐(7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020) (E.O. 13658).

☐(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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, 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 items. 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 (Jun 2020) (41 U.S.C. 3509).

(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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

19 V1.JUNE 2021

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

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

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

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

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

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

(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.

(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 (Oct 2020) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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.

(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. 2302 Note).

20 V1.JUNE 2021

(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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-2 -- Economic Price Adjustment -- Standard Supplies (Jan 1997)

(a) The Contractor warrants that the unit price stated is within their associated Mississippi Tariff Rate Schedule(s) and is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that --

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor,

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed the applicable rates as approved by the Mississippi Public Service Commission.

(2) The increased contract unit price shall be effective --

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

21 V1.JUNE 2021

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

(End of Clause)

52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

(End of Clause)

52.223-3 -- Hazardous Material Identification and Material Safety Data (Feb 2021)

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard

22 V1.JUNE 2021

No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

52.241-3 -- Scope and Duration of Contract (FEB 1995)

(a) For the period from date of award through the base and all exercised option periods the Contractor agrees to furnish and the Government agrees to purchase uninterruptable supply of natural gas utility service in accordance with the applicable tariff(s), rules, and regulations as approved by the applicable governing regulatory body and as set forth in the contract.

(b) It is expressly understood that neither the Contractor nor the Government is under any obligation to continue any service under the terms and conditions of this contract beyond the expiration date.

(c) The Contractor shall provide the Government with one complete set of rates, terms, and conditions of service which are in effect as of…