RFP_SPE60117R0304_COMPLETE.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0064750538

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE601-17-R-0304

5. SOLICITATION NUMBER

2017 JAN 12

6. SOLICITATION ISSUE

DATE

Barbara Peterson POEFEM6

a. NAME

Phone: 210-925-2543

b. TELEPHONE NUMBER (No Collect calls)

2017 MAR 14

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE601

DLA ENERGY AEROSPACE ENRGY-DLAE-M

BLDG 1621

1014 BILLY MITCHELL BLVD

SAN ANTONIO TX 78226

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

325311NAICS:

1000SIZE 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)

DO-A2

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

50PAGE 1 OF

04:00 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

X

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)

CONTINUED ON NEXT PAGE

PART I – SF 1449 CONTINUED

IMPORTANT NOTICES TO OFFERORS

1. This procurement is for production of cylinder quantities of 6 different grades of Dinitrogen Tetroxide (N2O4) Propellant Oxidizer in accordance with MIL-PRF-26539F dated 17 Apr 2006 as modified in Statement of Objectives (SOO) paragraph (para) entitled: "SPECIFICATION" and all related ancillary services in support of United States (U.S.) National Security Program and the U.S. Space Program. The solicitation is structured to award a 10-year basic contract. Multiple awards will not be made. Production and optional storage (non-bulk), and distribution services and other ancilliary services are anticipated to begin immediately following First Article (FA) Approval. Product is to be delivered FOB Origin into Government-provided containers. The anticipated Period of Performance is Date of Award through 30 September 2027 with the first 6-9 contract months, or longer if needed, encompassing development of a production facility. Production is anticipated to begin 1 October 2018.

Offerors may propose using production methods that differ from those known and proven in the commercial industry in the manufacturing of N2O4. However, evaluation of such proposal will consider the added risk to the performance of the vehicles/equipment utilizing the product from an unknown and/or unproven production process.

The contractor shall deliver the First Article (FA) batch 180 days after contract award. The FA CLIN is a definite quantity of 4,000 lbs (unless waived) and any and all development/plant retrofit costs shall be included in this CLIN. To demonstrate that the offered production concept will be successful, the successful offeror will be required to submit a pre-production sample of MON-3 no later than 45 days after contract award. The sample shall be produced from a facility (e.g. a pilot plant) utilizing the same process including the same materials of construction as proposed for the full-scale production facility. See the Clause entitled QAP E45.02 MANUFACTURING QUALIFICATION REQUIREMENTS (DINITROGEN TETROXIDE) (AEROSPACE ENERGY) (DLA ENERGY APR 2016). The pre-production sample may be produced in a pilot plant located outside the United States.

2. The resultant contract will contain Economic Price Adjustment (EPA) clause. All N2O4 product CLINs (0003-0008) as well as the Reprocessing CLINs (0016-0017) will be adjusted pursuant to the EPA clause, B19.40.100, using the Producer Price Index (PPI), PCU325311325311, Nitrogenous fertilizer manufacturing. In addition, the service CLINs (0011 – 0015, and Optional CLINs 0019 & 0020 and 0023, if utilized) will be adjusted pursuant to the EPA clause, B19.40.100, using the Employment Cost Index (ECI), CIU20130000000001 Private Industry Total Compensation, Not Seasonally Adjusted. Moreover, all the parts and materials CLINs (CLINs 0009 and 0010) will be adjusted pursuant to the EPA clause, B19.40.100, utilizing the Producer Price Index (PPI)(WPUID61), Intermediate materials, supplies and components, not seasonally adjusted. Any Optional Transportation CLINs (CLINs 0021 and 0022, if utilized) will be adjusted pursuant to the EPA clause, B19.40.100, using Producer Price Index (PPI)(PCU324110324110), Petroleum Refineries. Refer to the clause entitled ECONOMIC PRICE ADJUSTMENT – PRICE INDEX (AEROSPACE ENERGY)(DINITROGEN TETROXIDE [N2O4]). Refer to Clause entitled ECONOMIC PRICE ADJUSTMENT – PUBLISHED MARKET PRICE). The following CLINs will not be adjusted: CLIN 0001 (Pre-Production Sample), CLIN 0002 (First Article Test Batch), and CLIN 0018 (Miscellaneous), if utilized, and as such, offerors should submit a proposal with prices that will remain firm fixed prices, if applicable.

3. ALL OFFERORS MUST COMPLY WITH THE REQUIREMENTS LISTED IN CLAUSE L2.35.100 INFORMATION TO OFFERORS FOR PROPOSAL PREPARATION(AEROSPACE ENERGY)(DINITROGEN TETROXIDE)(DLA ENERGY NOV 2016) AND ALL OFFERS WILL BE EVALUATED IN ACCORDANCE WITH CLAUSE 52.212-02 EVALUATION - COMMERCIAL ITEMS (OCT 2014) FAR.

4. A Preproposal Conference will be held on 2 February 2017, at 9 AM, in the New Horizons Conference Room at Aerospace Energy offices, DLA Energy-FEM, 1014 Billy Mitchell Blvd., Bldg 1621, San Antonio, Texas. Please submit the names and titles of personnel who will be in attendance to the attention of Barbara M. Peterson (Barbara.Peterson@dla.mil) by 26 January 2017. In addition, we ask that you submit any advance questions you may have regarding the RFP to be asked during the Preproposal Conference no later than 31 January 2017.

PAGE 3 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE601-17-R-0304

5. For questions regarding Small Business or Small Disadvantaged Business Affairs, contact Mr. Greg Thevenin of the DESC Small Business Office at 1-800-523-2601 or 703-767-9521.

PAGE 4 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION B-SCHEDULE OF SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM DESCRIPTION:

PRE-PRODUCTION SAMPLE (MON-3)

Dinitrogen Tetroxide (N2O4) MON-3 Cylinder (4 Liter Sample) IAW MIL-PRF-26539F dated 17 Apr 2006 as modified in SOO para titled: "SPECIFICATION" Refer to: QAP E45.02 MANUFACTURING QUALIFICATION

REQUIREMENTS (DINITROGEN TETROXIDE) (AEROSPACE ENERGY) (DLA

ENERGY APR 2016).

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 LB $ ________________ $ ________________ 9135-01-146-5135 13.000

PROPELLANT

,DINITROGEN

TETROXIDE

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN

PREP FOR DELIVERY:

ITEM DESCRIPTION:

FIRST ARTICLE TEST BATCH (MON 3)

Dinitrogen Tetroxide (N2O4) MON-3 Cylinder IAW MIL-PRF-26539F dated 17 Apr 2006 as modified in SOO para titled "SPECIFICATION"

The contractor shall deliver the first article batch not later than 180 days after contract award. Refer to: QAP E45.02 MANUFACTURING QUALIFICATION

REQUIREMENTS (DINITROGEN TETROXIDE) (AEROSPACE ENERGY) (DLA ENERGY

APR 2016). The First Article is a definite quantity of 4,000 lbs(unless waived) and should also contain any and all plant development costs to produce this First Article.

Delivery required on or before 1 Apr 2018

DLA Energy will have exclusive use of the contractor's N2O4 facility in consideration for payment of development costs included in the First Article Batch.

PAGE 5 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 9135-01-146-5135 CONT'D

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0002 9135-01-146-5135 4,000.000 LB $ ________________ $ ________________

PROPELLANT

,DINITROGEN

TETROXIDE

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN

PREP FOR DELIVERY:

ITEM DESCRIPTION:

PROPELLANT, DINITROGEN TETROXIDE

MON-3, LOW IRON (CYLINDER)

IAW MIL-PRF-26539F dated 17 Apr 2006 as modified in SOO para titled "SPECIFICATION" FOB Origin

YEARLY ESTIMATES ARE AS FOLLOWS:

Year 2 35,000 LB Year 3 50,500 LB Year 4 60,000 LB Year 5 54,000 LB Year 6 60,500 LB Year 7 58,100 LB Year 8 58,000 LB Year 9 52,500 LB Year 10 64,000 LB

PAGE 6 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 9135-01-146-5135 CONT'D

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0003 9135-01-146-5135 492,600.000 LB $ ________________ $ ________________

PROPELLANT

,DINITROGEN

TETROXIDE

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN

PREP FOR DELIVERY:

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0064750538 0001 N/A N/A 3LC N/A

0002 0064750538 0002 N/A N/A 3LC N/A

0003 0064750538 0003 N/A N/A 3LC N/A

SUPPLIES/SERVICES: 9135-01-545-9491

ITEM DESCRIPTION:

PROPELLANT, DINITROGEN TETROXIDE

MON-3 ULTRA LOW IRON (CYLINDER)

IAW MIL-PRF-26539F dated 17 Apr 2006 as modified in SOO para titled "SPECIFICATION" FOB Origin

YEARLY ESTIMATES ARE AS FOLLOWS:

Year 2 13,500 LB Year 3 7,050 LB Year 4 8,000 LB Year 5 12,500 LB

PAGE 7 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 9135-01-545-9491 CONT'D

Year 6 5,400 LB Year 7 5,400 LB Year 8 5,400 LB Year 9 5,400 LB Year 10 5,400 LB

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0004 9135-01-545-9491 68,050.000 LB $ ________________ $ ________________

PROPELLANT

,DINITROG

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN

PREP FOR DELIVERY:

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0004 0064750538 0004 N/A N/A 3UI N/A

SUPPLIES/SERVICES: 9135-01-057-7408

ITEM DESCRIPTION:

PROPELLANT, DINITROGEN TETROXIDE

MON-10 (CYLINDER)

IAW MIL-PRF-26539F dated 17 Apr 2006 as modified in SOO para titled "SPECIFICATION" FOB Origin

YEARLY ESTIMATES ARE AS FOLLOWS:

Year 2 1,660 LB Year 3 0 LB Year 4 360 LB

PAGE 8 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 9135-01-057-7408 CONT'D

Year 5 1,300 LB Year 6 360 LB Year 7 0 LB Year 8 1,660 LB Year 9 0 LB Year 10 0 LB

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0005 9135-01-057-7408 5,340.000 LB $ ________________ $ ________________

PROPELLANT

,NITROGEN

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN

PREP FOR DELIVERY:

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0005 0064750538 0005 N/A N/A 10C N/A

SUPPLIES/SERVICES: 9135-01-519-4787

ITEM DESCRIPTION:

PROPELLANT, DINITROGEN TETROXIDE

MON-15 (CYLINDER)

IAW MIL-PRF-26539F dated 17 Apr 2006 as modified in SOO para titled "SPECIFICATION" FOB Origin

YEARLY ESTIMATES ARE AS FOLLOWS:

PAGE 9 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 9135-01-519-4787 CONT'D

Year 2 1,500 LB Year 3 1,500 LB Year 4 1,500 LB Year 5 1,500 LB Year 6 1,500 LB Year 7 1,500 LB Year 8 1,500 LB Year 9 1,500 LB Year 10 1,500 LB

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0006 9135-01-519-4787 13,500.000 LB $ ________________ $ ________________

PROPELLANT

,DINITROG

QTY VARIANCE: PLUS 1% MINUS

1% INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN

PREP FOR DELIVERY:

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0006 0064750538 0006 N/A N/A 15E N/A

SUPPLIES/SERVICES: 9135-01-383-8173

ITEM DESCRIPTION:

PROPELLANT, DINITROGEN TETROXIDE

MON-25 (CYLINDER)

IAW MIL-PRF-26539F dated 17 Apr 2006 as modified in SOO para titled "SPECIFICATION" FOB Origin

PAGE 10 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 9135-01-383-8173 CONT'D

YEARLY ESTIMATES ARE AS FOLLOWS:

Year 2 410 LB Year 3 50 LB Year 4 410 LB Year 5 50 LB Year 6 410 LB Year 7 50 LB Year 8 410 LB Year 9 50 LB Year 10 410 LB

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0007 9135-01-383-8173 2,250.000 LB $ ________________ $ ________________

PROPELLANT

,DINITROG

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN

PREP FOR DELIVERY:

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0007 0064750538 0007 N/A N/A M25 N/A

SUPPLIES/SERVICES: 9135-00-754-2695

PAGE 11 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: 9135-00-754-2695 CONT'D

ITEM DESCRIPTION:

PROPELLANT, DINITROGEN TETROXIDE

NTO (CYLINDER)

IAW MIL-PRF-26539F dated 17 Apr 2006 as modified in SOO para titled "SPECIFICATION" FOB Origin

YEARLY ESTIMATES ARE AS FOLLOWS:

Year 2 0 LB Year 3 0 LB Year 4 0 LB Year 5 0 LB Year 6 0 LB Year 7 740 LB Year 8 740 LB Year 9 740 LB Year 10 740 LB

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0008 9135-00-754-2695 2,960.000 LB $ ________________ $ ________________

PROPELLANT

,NITROGEN

QTY VARIANCE: PLUS 1% MINUS 1%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN

PREP FOR DELIVERY:

PAGE 12 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: J048-V20000233 CONT'D

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0008 0064750538 0008 N/A N/A NTC N/A

SUPPLIES/SERVICES: J048-V20000233

ITEM DESCRIPTION:

NON-RECURRING SERVICE, MISCELLANEOUS PART REPLACEMENT

IAW SOO paragraph entitled "Container Maintenance" and attached list titled " Replacement Services"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0009 J048-V20000233 50,000.000 EA SEE ATTACHMENT "CONSUMABLE SUPPLIES

AND PARTS LIST FOR PRICING"Equipment Replacement

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0009 0064750538 0011 N/A N/A N/A N/A

SUPPLIES/SERVICES: J081-V20000231

ITEM DESCRIPTION:

NON-RECURRING SERVICE, EVACUATE AND PURGE CONTAINERS

IAW SOO paragraph entitled "Evacuate and Purge"

PAGE 13 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: J081-V20000231 CONT'D

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0010 10.000 EA $ ________________ $ ________________ J081-V20000231

Evacuate and Purge Cyl/Drums/Containers

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0010 0064750538 0012 N/A N/A N/A N/A

SUPPLIES/SERVICES: J081-V20000240

ITEM DESCRIPTION:

NON-RECURRING SERVICE, CLEANING/DECONTAMINATION

IAW SOO paragraph entitled "Cleaning/Decontamination"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0011 J081-V20000240 120.000 EA $ ________________ $ ________________

Container/Cylinder /Drum Cleaning

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

SUPPLIES/SERVICES: J081-V20000240

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SUPPLY/SERVICE: J081-V20000240 CONT'D

ITEM DESCRIPTION:

NON-RECURRING SERVICE, PRECISION CLEANING TO LEVEL 100A FOR DOT 110A500W CYLINDER IAW SOO paragraph entitled "Precision Cleaning Level 100A"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0012 J081-V20000240 70.000 EA $ ________________ $ ________________

Container/Cylinder /Drum Cleaning

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

SUPPLIES/SERVICES: J081-V20000240

ITEM DESCRIPTION:

NON-RECURRING SERVICE, PRECISION CLEANING TO LEVEL 100A FOR 4BW CYLINDER

IAW SOO paragraph entitled "Precision Cleaning Level 100A"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0013 J081-V20000240 20.000 EA $ ________________ $ ________________

Container/Cylinder /Drum Cleaning

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

PAGE 15 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: J081-V20000241 CONT'D

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0011 0064750538 0013 N/A N/A N/A N/A 0012 0064750538 0014 N/A N/A N/A N/A 0013 0064750538 0015 N/A N/A N/A N/A

SUPPLIES/SERVICES: J081-V20000241

ITEM DESCRIPTION:

NON-RECURRING SERVICE, PASSIVATION FOR DOT 4BW CYLINDER

IAW SOO paragraph entitled "Cylinder Passivation"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0014 J081-V20000241 1.000 EA $ ________________ $ ________________

Passivation

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

SUPPLIES/SERVICES: J081-V20000241

ITEM DESCRIPTION:

NON-RECURRING SERVICE, PASSIVATION FOR DOT 110 CYLINDER

IAW SOO paragraph entitled "Cylinder Passivation"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0015 J081-V20000241 110.000 EA $ ________________ $ ________________

Passivation

PREP FOR DELIVERY:

PAGE 16 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: J081-V20000241 CONT'D

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0014 0064750538 0016 N/A N/A N/A N/A 0015 0064750538 0017 N/A N/A N/A N/A

SUPPLIES/SERVICES: M1KZ-V20000239

ITEM DESCRIPTION:

NON-RECURRING SERVICE, REPROCESSING RECLAIMABLE PRODUCT

IAW SOO paragraph entitled "Reclaimable Product"

EA= POUNDS

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0016 M1KZ-V20000239 8,000.000 EA $ ________________ $ ________________

Reprocessing Products (Reclaim/Recycle)

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

SUPPLIES/SERVICES: M1KZ-V20000239

ITEM DESCRIPTION:

PAGE 17 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: M1KZ-V20000239 CONT'D

NON-RECURRING SERVICE, REPROCESSING RECYCLABLE PRODUCT

IAW SOO paragraph entitled "Recyclable Product"

EA = POUNDS

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0017 M1KZ-V20000239 800.000 EA $ ________________ $ ________________

Reprocessing Products (Reclaim/Recycle)

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0016 0064750538 0018 N/A N/A N/A N/A 0017 0064750538 0019 N/A N/A N/A N/A

SUPPLIES/SERVICES: M1NA-V20000256

ITEM DESCRIPTION:

NON-RECURRING SERVICES, MISCELLANEOUS

Miscellaneous services, as authorized by 10 U.S.C. 2410o, within scope of the contract, and as required to support Dinitrogen Tetroxide over the life of the contract as directed and negotiated for by the Contracting Officer

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0018 M1NA-V20000256 1.000 EA $ ________________ $ ________________

Miscellaneous Services

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SUPPLY/SERVICE: M1NA-V20000256 CONT'D

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0018 0064750538 0020 N/A N/A N/A N/A

SUPPLIES/SERVICES: H291-V20000258

ITEM DESCRIPTION:

THE FOLLOWING CLINS 00019-0023 ARE OPTIONAL. OFFERORS ARE NOT REQUIRED TO PROPOSE ON CLINS 0019-0023 TO BE

CONSIDERED FOR AWARD.

ITEM DESCRIPTION:

OPTIONAL NON-RECURRING SERVICE, RECERTIFICATION OF DOT 110A500W CYLINDER

IAW SOO paragraph entitled "Recertification Testing Option"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0019 H291-V20000258 110.000 EA $ ________________ $ ________________

Cylinder Re-Certification Testing

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

SUPPLIES/SERVICES: H291-V20000258

PAGE 19 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: H291-V20000258 CONT'D

ITEM DESCRIPTION:

OPTIONAL NON-RECURRING SERVICE, RECERTIFICATION OF 4BW CYLINDER

IAW DOT 49 CFR Parts 100-199 and SOO paragraph entitled "Recertification Testing Option"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0020 H291-V20000258 50.000 EA $ ________________ $ ________________

Cylinder Re-Certification Testing

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0019 0064750538 0021 N/A N/A N/A N/A 0020 0064750538 0022 N/A N/A N/A N/A

SUPPLIES/SERVICES: V001-V20000255

ITEM DESCRIPTION:

OPTIONAL NON-RECURRING SERVICE, Destination Transportation One-Way To/From Kennedy Space Center, FL IAW SOO paragraph titled "Transportation Option"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0021 V001-V20000255 90.000 EA $ ________________ $ ________________

Regular Transportation

PREP FOR DELIVERY:

PAGE 20 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: V001-V20000255 CONT'D

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

SUPPLIES/SERVICES: V001-V20000255

ITEM DESCRIPTION:

OPTIONAL NON-RECURRING SERVICE, Destination Transportation One-Way To/From Vandenberg AFB, CA IAW SOO paragraph titled "Transportation Option"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0022 V001-V20000255 90.000 EA $ ________________ $ ________________

Regular Transportation

PREP FOR DELIVERY:

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0021 0064750538 0009 N/A N/A N/A N/A 0022 0064750538 0010 N/A N/A N/A N/A

SUPPLIES/SERVICES: X1NA-V20000266

ITEM DESCRIPTION:

OPTIONAL RECURRING SERVICE, DFSP SERVICES (STORAGE & DISTRIBUTION)

on a per Cylinder per Month basis IAW SOO paragraph entitled "Product Storage Option"

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0023 3,600.000 MO $ ________________ $ ________________ X1NA-V20000266

DFSP SERVICES

PREP FOR DELIVERY:

PAGE 21 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SUPPLY/SERVICE: X1NA-V20000266 CONT'D

PERIOD OF PERFORMANCE: 10/01/2018 - 09/30/2027

GOVT USE

External External External Customer RDD/

ITEM PR PRLI PR PRLI Material Need Ship Date .

0023 0064750538 0023 N/A N/A N/A N/A

PAGE 22 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Part 12 Clauses

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN ‘R’ OR AN ‘I’ NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (MAR 2016) FAR

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

_X__ 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ [Reserved]

___ 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X__ 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X__ 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ [Reserved]

PAGE 23 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

___ (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_X__ (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ [Reserved]

___ (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_X__ (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

_X__ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

___ 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ 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 (Dec 2015) (15 U.S.C. 637(m)).

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

__X_ 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

PAGE 24 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

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

_X__ 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

__X_ 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X__ 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X_ (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X__ 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.)

___ (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.)

___ (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.

___ (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.

___ 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

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

_X__ 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (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.

PAGE 25 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

___ 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ 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).

___ 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

___ 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C.

3332).

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

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

___ (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.

(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.]

___ 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

___ 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ 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).

___ 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).

___ 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).

PAGE 26 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

___ 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

PAGE 27 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).

(xii) 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.)

(xiii) 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)

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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)

52.203-03 GRATUITIES (APR 1984) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015) 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 (SEP 2013) DFARS

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) DFARS

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (OCT 2015) DFARS

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title

PAGE 28 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-07 SYSTEM FOR AWARD MANAGEMENT (JUL 2013) FAR

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR

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

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS

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

INFORMATION (DEC 2015) DFARS

(a) Definitions. As used in this clause— “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.

“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 defense information” means unclassified information that—

(1) Is—

(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

(2) Falls in any of the following categories:

(i) Controlled technical information.

(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“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.

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

PAGE 29 OF 50 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SPE601-17-R-0304

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

(End of clause)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2015)

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.

“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.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“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 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 information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities,…