SF1449_SPE60125R0316.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7011887048

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE601-25-R-0316

5. SOLICITATION NUMBER

2025 JUL 09

6. SOLICITATION ISSUE

DATE

MATTHEW SIMKOVSKY DMS0315

a. NAME

Phone: 385-591-7722

b. TELEPHONE NUMBER (No Collect calls)

2025 AUG 11

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE601

DLA ENERGY AEROSPACE ENRGY-DLAE-M

BLDG 5730

1525 WURTSMITH STREET

JBSA LACKLAND TX 78236

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

325120NAICS:

1200SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 33 PAGES

SPE601-25-R-0316

NOTICE TO OFFERORS:

1. The Defense Logistics Agency Energy (DLA Energy), as the Department of Defense (DOD) Integrated. Material Manager (IMM) for Aerospace Energy products and related services has a 21-month requirement for the delivery of Gaseous Helium to Hill Air Force Base, Utah into government provided tanks.

Product(s):

a. Gaseous Helium, GHH (NSN 9135-01-644-2502) Related non-recurring Services:

a. Expedited/Emergency Delivery (EA) – SE0000176

b. Detention Fee (EA) – SE0000178

2. The estimated quantity for Gaseous Helium is 160 MC. The Contractor shall provide all product, materials, supplies, management, tools, equipment, transportation, and labor necessary for the delivery of the requested product F.O.B.

Destination to Hill Air Force Base, Utah. Period of Performance is 01 January 2026 to 30 September 2027.

3. All CLINs will be awarded to only one offeror. Therefore, in order to be eligible for award, an offer must contain offers on all CLINs at a location.

4. The Government intends to award a Firm-Fixed Price Requirements type contract using Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and FAR Part 15, Contracting by Negotiation, as applicable. Award will be made to the Offeror determined to be the Best Value to the Government using the Lowest Price Technically Acceptable Source Selection Process in accordance with FAR 15.101-2. The offeror is encouraged to submit their best and final offer, the Government reserves the right to award without discussions or negotiations.

5. The clauses and provisions shown throughout this solicitation and any resultant contract(s) that have only the clause/provision number, title, and date, and as such, are not shown in full text, are hereby considered to be incorporated by reference in accordance with FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE or FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE, as applicable.

6. THE OFFEROR MUST COMPLY WITH THE REQUIREMENTS LISTED IN ATTACHMENT G AND ALL OFFERS WILL BE EVALUATED IN ACCORDANCE

WITH ATTACHMENT G.

7. Offerors are advised of the possibility that their proposals may be found unacceptable if exceptions are taken to the solicitation requirements. Clarification of Government requirements should be requested by the Offeror by submitting questions and/or recommended changes not later than 10 calendar days after issuance of the solicitation.

All exceptions to the solicitation requirements (including the SOO) and supporting rationale shall be identified as such and consolidated into an overview section of that exception. An overview section is only required if the Offeror takes exception to any requirement in the solicitation. 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 Offeror takes no exception to the stated requirements, a statement to this effect shall be included in the respective section.

8. The Contracting Officer may request that a DLA Energy Quality Assurance Representative (QAR) perform a Pre-award Survey (PAS) in accordance with FAR Part 9. 106-1 to ensure that the capabilities exist to support the requirement the offeror bid against, mitigating risk of non-performance due to lack of capability and may include an on-site review.

If requested, the offeror and its employees, including those at the fill point and/or production facility, shall be required to participate fully in the PAS process. The DLA Energy Contracting Officer will discuss any PAS results recommended by the QAR that is other than "Recommend Full Award."

9. QUESTION AND ANSWER (Q&A) PERIOD: To encourage maxim participation on ALL line items of the SF 1449, a Q&A period has been established from issue date of Solicitation SPE601-25-R-0316 to 18 July 2025 by 3:00 PM Central Time (CT).

All potential offerors are advised to ask any and as many questions as necessary to gain a clear understanding of the requirements for the submission of their proposal. No further questions will be accepted after the closing date/time.

All questions should be emailed to matthew.simkovsky@dla.mil and leno.smith@dla.mil. Answers to questions received by the closing date will be consolidated and provided via an official amendment to the solicitation and posted in https://sam.gov/, if applicable. Extensions of closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable.

10. TAXES AND FEE INFORMATION: Offerors shall not include in their offer prices, including in the prices of any subcontractor, any taxes from which the United States Government is exempt.

11. ALL OFFERS MUST BE RECEIVED NLT 11 August 2025 at 3:00 PM Central Time (CT). All responsible sources may submit a proposal, which will be considered by the agency. All potential offerors are advised to check https://sam.gov frequently for any solicitation amendments (updates) and are reminded that they shall acknowledge in their prospective submitted proposals by completing the solicitation (SF1449 blocks 30a-30c) and amendment(s) (SF30 blocks 15a-15c) and submit to DLA Energy by email to matthew.simkovsky@dla.mil and leno.smith@dla.mil, prior to the solicitation closing date/time. Only emailed requests for the solicitation received directly from the requestor are acceptable. Any offer received after the closing time and date of 11 August 2025 at 3:00 PM Central Time (CT), will be considered "Late" and will be handled in accordance with FAR 52.212-1(f).

12. EVALUATION FACTORS FOR AWARD: Offerors are directed to FAR 52.212-2 ADDENDUM EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES listed in Attachment G, Requirements Page. The basis for award will be lowest total evaluated price for the designated group of CLINs and/or customer locations, including options.

13. POINTS OF CONTACT: For any clarification, explanation, or additional information about this solicitation, please contact via email: Matthew Simkovsky, Contract Specialist, matthew.simkovsky@dla.mil and Leno Smith, Contract Officer, leno.smith@dla.mil.

PAGE 4 OF 33 PAGES

14. For questions regarding Small Business or Small Disadvantage Business affairs should be addressed to the DLA Energy Office of Small Business Programs at dla.energy.osbp@dla.mil or 571-767-9732.

15. OFFER SUBMISSION: All proposals must consist of a Price Proposal (See Attachment D – Pricing Worksheet SPE60125R0316) AND Technical Proposal (requirements are found in Attachment G – Requirements Page, starting on page 6) to be considered for award. When a Technical Proposal is required, two non-cost factors will be evaluated: 1) Technical Capability and 2) Past Performance.

16. PROPOSAL REQUIREMENTS, (see pages 8 through 12 of Attachment G – Requirements Page) FAR 52.212-1 ADDENDUM

INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

17. All offerors must provide SUBMISSION OF PAST PERFORMANCE REFERENCES (see Attachment E - Contractor Performance Data Sheet”).

18. All offerors are advised to insert the CAGE CODE (5-digit alphanumeric code) in Block 17a of the Standard Form 1449, in the box labeled “CODE.”

19. ALL OFFERORS ARE TO COMPLETE ENERGY QAP 33.10 FOUND IN SOLICITATION ATTACHMENTS LOCATED IN ATTACHMENT B – ENERGY QAP 33.10. FAILURE TO COMPLETE ENERGY QAP33.10 MAY DEEM SUBMITTED PROPOSAL INCOMPLETE AS TO NOT BE INCLUDED IN THE

COMPETITIVE RANGE.

20. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph(g) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS— COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. While the Government intends to evaluate proposals in accordance with FAR 52.212-2 ADDENDUM EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (see pages 8 to 12 of the attachment G - Requirement Page), Lowest Price Technically Acceptable Source Selection Process and award a contract (s) without discussion, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. If the Contracting Officer determines that discussions are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposal have been determined to be within the competitive range.

21. Attachment I, Offeror Document Checklist, is provided to assist offerors in ensuring all required documents are provided as part of their proposals.

22. Attachment J, Bottle Farm Pictures, is provided to assist offerors in ensuring they have the required equipment to deliver the Gaseous Helium into the Helium Flasks in its current configuration. The pictures are also provided to eliminate the need for a Site Visit but if an offeror needs a Site Visit, please contact via email: Matthew Simkovsky, Contract Specialist, matthew.simkovsky@dla.mil and Leno Smith, Contract Officer, leno.smith@dla.mil prior to the end of the Q&A Period listed in paragraph 9 above to ensure a Site Visit can be arranged prior to the closing date of the solicitation listed in paragraph 11 above.

PAGE 5 OF 33 PAGES

Quality Technical Provisions

PROPELLANT PRESSURIZING AGENT,HELIUM,GHH,9.3A

9135-016442502

PR #: 7011887048

IAW BASIC SPEC NR MIL-PRF-27407E

REVISION NR E DTD 04/23/2024

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E22

REVISION NR D DTD 02/09/2022

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E35

REVISION NR A DTD 12/01/2011

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-C1.02

REVISION NR D DTD 03/11/2025

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1.15

REVISION NR B DTD 01/01/2023

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E33.10

REVISION NR B DTD 01/01/2023

PART PIECE NUMBER:

PROPELLANT PRESSURIZING AGENT,HELIUM

Quality Technical Provisions Expedited/Emergency Delivery,V200,SVC

9135-SE0000177

PR #: 7011887048

Expedited/Emergency Delivery:

Emergency deliveries shall be within three (3) calendar days of request unless otherwise determined with the DLA Contracting Officer. After emergency delivery order is placed, Contractor shall coordinate delivery time and acceptance of emergency deliveries with customer.

9135 - SE0000177,,Expedited/Emergency Delivery

Quality Technical Provisions Detention Fee,V200,SVC

9135-SE0000179

PR #: 7011887048

PR #: 7011887048

Item: 0001 Quantity: 160.000UoM: MC Period of Performance: 01/01/2026-09/30/2027 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-016442502 (GHH) CDSHILLHEL - HILL AFB UT

PROPELLANT PRESSURIZING AGENT,HELIUM

Delivery Address: Hill AFB Hill AFB UT 84056

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8141 FP8141

Name Phone

ERIC MOUNTAIN 801-775-4818

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

12 1050 ABOVE GROUND TANK(S) BLDG 2016 PSIG: 2400

Delivery Hours: MONDAY-THURSDAY 0600-1400 HRS CLOSED US FEDERAL HOLIDAYS

CLIN 0001: ESTIMATED QTY: 160 MC

Period of Performance: 01/01/2026 - 09/30/2027

YEAR 1 - 01/01/2026 - 12/30/2026 Estimated Qty: 80 MC Unit Price $ ________ Extended Total $ ________

PAGE 6 OF 33 PAGES

YEAR 2 - 01/01/2027 - 09/30/2027 Estimated Qty: 80 MC Unit Price $ ________ Extended Total $ ________

Item: 0002 Quantity: 5.000UoM: EA Period of Performance: 01/01/2026-12/31/2031 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000177 (V200) CDSHILLHEL - HILL AFB UT

Expedited/Emergency Delivery

Delivery Address: Hill AFB Hill AFB UT 84056

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8141 FP8141

Name Phone

ERIC MOUNTAIN 801-775-4818

Mode Receipt % Max Parcel Min Parcel FOB Restriction

SERVICE MATERIALS

CLIN 0002: ESTIMATED QTY: 2 EA

Estimated Qty: 2 EA Unit Price $ ________ Extended Total $ ________

Item: 0003 Quantity: 5.000UoM: EA Period of Performance: 01/01/2026-12/31/2031 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000179 (V200) CDSHILLHEL - HILL AFB UT

Detention Fee

Delivery Address: Hill AFB Hill AFB UT 84056

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8141 FP8141

Name Phone

ERIC MOUNTAIN 801-775-4818

Mode Receipt % Max Parcel Min Parcel FOB Restriction

SERVICE MATERIALS

CLIN 0003: ESTIMATED QTY: 2 EA

Estimated Qty: 2 EA Unit Price $ ________ Extended Total $ ________

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 33 PAGES

Part 12 Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) FAR

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS --- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES -- ALTERNATE I (CLASS DEVIATION 2024-O0002) (JAN 2024) FAR Alternate I (JAN 2024). Use the deviation clause with its Alternate I when the head of the agency has waived the examination of records by the Comptroller General in accordance with FAR 25.1001 and delete paragraph (d) from the basic deviation clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause”.

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) DFARS

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(SEP 2007) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

FAR

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) DFARS

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022) DFARS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (JAN 2023) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2024-O0013)

(MAY 2024) DFARS

(a) Definitions. As used in this clause

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 33 PAGES

Part 12 Clauses (CONTINUED)

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI)

Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is --

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data --Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract.

Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not http://www.archives.gov/cui/registry/category-list.html

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 33 PAGES

SPE601-25-R-0316

Part 12 Clauses (CONTINUED) subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”, Revision 2 (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171).

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall --

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/ http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil http://www.fedramp.gov/resources/documents/)

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Part 12 Clauses (CONTINUED) proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD --

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph

(i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall --

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to --

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

(End of clause)

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN

2023) DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN 2023) DFARS

L01 ELECTRONIC AWARD TRANSMISSION (JUN 2020)

L02 ELECTRONIC ORDER TRANSMISSION (JUN 2020)

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Offerors shall select one of the following alternatives for paperless order transmission:

[ ] American National Standards Institute (ANSI) X12 Standards through a value added network (VAN) approved by DLA Transaction Services; or [ ] Electronic mail (email) award notifications containing web links to electronic copies of the Department of Defense (DD) Form 1155, Order for Supplies or Services.

Offerors must register on the DLA Internet Bid Board System (DIBBS) (https://www.dibbs.bsm.dla.mil/ ) to receive email notification. If the offeror elects ANSI/VAN order transmission, DLA will send Electronic Data Interchange (EDI) transaction sets at time of award. The contractor shall acknowledge receipt of transaction sets with a functional acknowledgement or order receipt message within 24 hours. If the contractor receives the award transaction set on a weekend or Federal holiday, the contractor shall acknowledge receipt on the next business day. This acknowledgement will confirm that the contractor's interface with the system is working as needed for contract ordering.

Offerors can obtain information regarding EDI, ANSI X12 transactions, and VANs approved by DLA Transaction Services at Defense Automatic Addressing System (DAAS) Value Added Network List (https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp).

Offerors should direct questions concerning electronic ordering to the appropriate procuring organization point of contact below:

DLA Land and Maritime, Helpdesk.EBS.L&M.LTCs@dla.mil DLA Troop Support, dlaedigroup@dla.mil DLA Aviation, avnprocsysproceddiv@dla.mil, phone # 804-279-4026

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025) FAR

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) FAR

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

As prescribed in 11.703(a), insert the following clause:

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease This increase or decrease shall apply to ALL PRODUCT CLINS..*

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2023)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) FAR

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (DEVIATION 2025-O0004) (MAR 2025) FAR As prescribed in 23.109(a), insert the following clause:

(a) Definitions. As used in this clause -- Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. (7 U.S.C.

8101) (7 CFR 3201.2).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. (42 U.S.C. 6903).

Sustainable products and services means:

(1) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-https://www.dibbs.bsm.dla.mil/ https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp https://www.acquisition.gov/far/part-11

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Part 12 Clauses (CONTINUED) energy-efficient-products and https://www.energystar.gov/products?s=mega).

(3) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR part 3201) (https://www.biopreferred.gov).

(4) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are --

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

(iii) Incorporated into the construction of a public building or public work; and

(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(3) [Reserved]

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which statutory purchasing programs apply to a specific product or service.

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (FEB 2024) DFARS

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM — ALTERNATE I (FEB 2024) DFARS

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) DFARS

252.225-7006 ACQUISITION OF THE AMERICAN FLAG (CLASS DEVIATION 2024-O0008) (FEB 2024) DFARS Insert the following deviation clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that exceed $10,000 and that are for the acquisition of the American flag.

(a) Definition. “United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) If the Contractor is required to deliver under this contract one or more American flags (Product or Service Code 8345), such flag(s), including the materials and components thereof, shall be manufactured in the United States, consistent with the requirements at 10 U.S.C. 4862 (commonly known as the “Berry Amendment”).

(c) This clause does not apply to the acquisition of any end items or components related to flying or displaying the flag (e.g., flagpoles and accessories).

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

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013) DFARS

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY METALS (JAN 2023) DFARS

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS

(a) Definitions. As used in this clause --

“Component” means any item supplied to the Government as part of an end product or of another component.

“End product” means supplies delivered under a line item of this contract.

"Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

Australia

Austria

Belgium https://www.epa.gov/snap

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Canada

Czech Republic

Denmark

Egypt

Estonia

Finland

France

Germany

Greece

Israel

Italy

Japan

Latvia

Lithuania

Luxembourg

Netherlands

Norway

Poland

Portugal

Slovenia

Spain

Sweden

Switzerland

Turkey

United Kingdom of Great Britain and Northern Ireland.

“Structural component of a tent” --

(1) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs); and

(2) Does not include equipment such as heating, cooling, or lighting.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States:

(1) Food.

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear. footwear, hosiery, handwear, belts, badges, and insignia.

(3)(i) Tents and structural components of tents;

(ii) Tarpaulins; or

(iii) Covers.

(4) Cotton and other natural fiber products.

(5) Woven silk or woven silk blends.

(6) Spun silk yarn for cartridge cloth.

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics.

(8) Canvas products.

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed

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Part 12 Clauses (CONTINUED) in this paragraph (b).

(c) This clause does not apply --

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation, or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices;

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool --

(i) Is not more than 10 percent of the total price of the end product; and

(ii) Does not exceed the threshold at Defense Federal Acquisition Regulation Supplement 225.7002-2(a);

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives;

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph (d) of this clause;

(5) To chemical warfare protective clothing produced in a qualifying country; or

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if --

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include ¾

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances);

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia;

(C) Upholstered seats (whether for household, office, or other use); and

(D) Parachutes (Federal Supply Class 1670); or

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country.

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract --

(i) Shall be taken from the sea by U.S.-flag vessels; or

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States.

252.225-7015 RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005) DFARS Hand or measuring tools delivered under this contract shall be produced in the United States or its outlying areas.

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) DFARS

252.225-7054 PROHIBITION ON USE OF CERTAIN ENERGY SOURCED FROM INSIDE THE RUSSIAN FEDERATION (JAN 2023)

FAR

252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023) DFARS

252.225-7058 POSTAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF

CHINA (JAN 2023) DFARS

252.225-7062 RESTRICTION ON ACQUISITION OF LARGE MEDIUM-SPEED DIESEL ENGINES (JUL 2023) DFARS

252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS (CLASS DEVIATION 2024-O0006, REVISION 1) (FEB 2024) DFARS

As prescribed in Class Deviation 2024-O0006, Revision 1, use the following clause:

https://www.acq.osd.mil/dpap/dars/dfars/html/current/225_70.htm

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(a) Definitions. As used in this clause --…