SPE60123R0304.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7000732047

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE601-23-R-0304

5. SOLICITATION NUMBER

2023 FEB 07

6. SOLICITATION ISSUE

DATE

Kelley Mauldin PAA7156

a. NAME

Phone: 210-383-8874

b. TELEPHONE NUMBER (No Collect calls)

2023 MAR 09

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

325180NAICS:

1,000SIZE 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-C9

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 36 PAGES

SPE601-23-R-0304

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 five (5) year requirement for delivery of Liquid Nitrogen, Type II, Grade B (NSN: 9135-01-665-3253) to Kirtland AFB, NM into Government-owned and Contractor-provided tanks.

Product:

Liquid Nitrogen (NSN: 9135-01-665-3253) Type II, Grade B shall meet the requirements of the most current version of

MIL-PRF-27401.

2. The requirement is for an estimated quantity of 13,200 TN for Liquid Nitrogen. The following associated service CLINS will be included for: Installation of Equipment, Removal of Equipment, Tank Usage, Expedited/Emergency Delivery, Detention, Fill Line Restriction Orifice, and Tank Hot Fill. 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 Kirtland AFB, NM. Period of performance is 01 October 2023 to 30 September 2028.

3. The Government intends to award a Firm-Fixed Price Requirements type contract using Federal Acquisition Regulation (FAR) Part 12, Commercial Acquisition procedures. Award will be made to the offer determined the Best Value to the Government, price and other factors considered, 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.

4. The clauses and provisions shown throughout this solicitation and any resultant contract(s) that have only 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.

5. THE OFFEROR MUST COMPLY WITH THE REQUIREMENTS LISTED IN THE INSTRUCTION L0003 L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012). ALL OFFERS WILL BE EVALUATED IN ACCORDANCE WITH INSTRUCTION M0001 M2.14

EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009).

6. 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 no 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.

7. The Contracting Officer may request that the DLA Energy Region Quality Assurance Representative (QAR) perform a Pre-award Survey (PAS) in accordance with FAR Part 9.106-1. If requested, the offeror and its employees, including those at the fill point and/or production facility, shall be required to participate full in the PAS process. The DLA Energy Contracting Officer will discuss any recommendation(s) by the QAR, for a PAS that results on an “other than Full Award,” recommendation with the offeror during negotiations. This will allow the offeror an opportunity to respond or otherwise provide information in its Final Proposal Revision as to how the offeror intends to correct the issue(s) and/or QAR concern(s) that led to an “other than Full Award,” recommendation.

8. QUESTION AND ANSWER (Q&A) PERIOD: To encourage maximum participation on ALL line items of the SF 1449, a Q&A period has been established from issue date of Solicitation SPE601-23-R-0304 to 17 February 2023 by 3:00 PM Central Daylight Time (CDT). All potential offerors are advised to ask any and as many questions as necessary to gain a clear understanding of the requirements for submission of their proposal. No further questions will be accepted after the closing date/time. All questions should be emailed to kelley.mauldin@dla.mil and willard.ramseur@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 the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable.

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

10. ALL OFFERS MUST BE RECEIVED NLT 9 March 2023 by 3:00 PM Central Daylight Time (CDT). 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 kelley.mauldin@dla.mil and willard.ramseur@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 date/time will be considered “Late” and will be handled in accordance with FAR 52.212-1(f).

11. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph(g) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS. While the Government intends to evaluate proposals in accordance with M0001 M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009), 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.

PAGE 4 OF 36 PAGES

12. PLACING ORDERS: In accordance with F0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014). The Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil/. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award Management (SAM) account in https:// sam.gov/ to register for DIBBS.

13. POINTS OF CONTACT: For any clarification, explanation, or additional information about this solicitation, please contact via email: Kelley Mauldin, Contract Specialist at kelley.mauldin@dla.mil and Willard Ramseur, Contract Officer at willard.ramseur@dla.mil.

14. For questions regarding Small Business or Small Disadvantage Business, affairs should be addressed to the DLA Energy Small Business Office via email at dla.energy.osbp@dla.mil or phone at (571) 767-9732.

15. OFFER SUBMISSION: All proposals must consist of a Price Proposal AND Technical Proposal 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. For proposal requirements, see pages 11 through 15 of attachment A1-AEROSPACE TEXT for L0003 L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012). For listing a point of contact authorized to negotiate, see page 10 of attachment A1-AEROSPACE TEXT for K0003 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007).

For submitting past performance references, see page 1 of attachment A2-CONTRACTOR PERFORMANCE DATA SHEET. For providing point of contact information for manufacturing and filling points, see page 12 of attachment A3-QAPs (QUALITY ASSURANCE PROVISIONS) for E33.10 MANUFACTURING AND FILLING POINTS (AEROSPACE ENERGY). Please ensure to complete all solicitation fill-ins for pricing, provisions, and clauses.

PAGE 5 OF 36 PAGES

Quality Technical Provisions

PROPELLANT PRESSURI,LN9,9.2B

9135-016653253

PR #: 7000732047

IAW BASIC SPEC NR MIL-PRF-27401G

REVISION NR G DTD 08/07/2013

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 C DTD 12/01/2016

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E1.15

REVISION NR A DTD 09/01/2013

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E33.10

REVISION NR A DTD 07/01/2008

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E6

REVISION NR A DTD 08/01/2015

PART PIECE NUMBER:

PROPELLANT PRESSURIZING AGENT,NITROGEN, 99.99 MINIMUM BY VOLUME NITROGEN

Quality Technical Provisions Installation of Equipment,V200,9.1B

9135-SE0000162

PR #: 7000732047

Contractor-Provided Tank Installation:

Contractor shall install their Contractor provided tanks and equipment on existing cement pads, within the existing system footprints, no later than 30 calendar days from start of contract performance. The Contractor shall also perform all inspections and maintenance of Contractor provided tanks/equipment to assure systems provide safe and uninterrupted support. Contractor provided tanks may be chilled through initial deliveries, but initial deliveries into Contractor provided tanks shall not qualify as a #Hot Fill# service. The Contractor will coordinate with the current supplier to effect removal of current equipment and installation of new equipment, or to retain the current equipment. The Contractor may be required to provide a temporary system during change out of existing system or tanks to eliminate any delay in supply of product.

9135 - SE0000162,,Installation of Equipment

Removal of Equipment,V200,9.1B

9135-SE0000163

Contractor-Provided Equipment Removal:

Contractor provided tanks/equipment shall be removed by the Contractor within 30 calendar days after contract termination. The Contractor will coordinate with the follow-on supplier to effect removal of current equipment and installation of new equipment.

9135 - SE0000163,,Removal of Equipment

Quality Technical Provisions Tank Usage Fee,V200,SVC

9135-SE0000172

PR #: 7000732047

Quality Technical Provisions Expedited/Emergency Delivery,V200,SVC

9135-SE0000177

Expedited/Emergency Delivery:

Emergency deliveries shall be within three (3) calendar days of request unless otherwise determined with the DLA Contracting Officer. After

PAGE 6 OF 36 PAGES

emergency delivery order is placed, Contractor shall coordinate delivery time and acceptance of emergency deliveries with customer.

9135 - SE0000177,,Expedited/Emergency Delivery

Detention Fee,V200,SVC

9135-SE0000179

PR #: 7000732047

Quality Technical Provisions Fill Line Restriction Orifice,V200,SVC

9135-SE0000181

Tank Over-Pressure Protection: If it is determined during supplier site visits or upon review of Customer tank technical information<(>,<)> that additional tank over-pressure protection is required to comply with CGA P-59, Prevention of Over-Pressure during Filling of Cryogenic Vessels, the Contractor shall identify the deficiency to the designated Customer representative(s) for implementation of corrective action. The Contractor may be requested to provide and install the additional tank protection, which may encompass any of the methods identified in the P-59. NOTE: Over-pressure protection devices shall not be installed on Customer-owned storage tanks without prior coordination with DLA Energy Contracting Officer and the activity that physically possesses the tank(s).

9135 - SE0000181,,Fill Line Restriction Orifice

Quality Technical Provisions Tank Hot Fill,V200,SVC

9135-SE0000183

Tank Hot Fill: Occasionally, the Contractor may be required to perform a #Hot Fill# in order to cool-down and refill any tank that has gone empty and is warm.

9135 - SE0000183,,Tank Hot Fill (Note: this should be billed at an hourly rate to accommodate various tank sizes)

PR #: 7000732047

Item: 0001 Quantity: 5,100.000UoM: TN Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-016653253 (LN9) CDSKIRTAF1 - AIR FORCE RESEARCH LAB NM

PROPELLANT PRESSURI

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code DeliveryDODAAC Ordering Office DODAAC

USAF FP8054 FP8054

Name Phone

VALERIE DEAN 505-846-4813

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

1 1500 ABOVE GROUND TANK(S) BLDG 595 TANK # 11 GOVT OWNED TANK TO BE REPLACED

2 13000 ABOVE GROUND TANK(S) BLDG 277 TANK 18E ANDTANK 18W GOVT OWNED TANKS

2 1500 ABOVE GROUND TANK(S) BLDG 472 TANK # 3 AND TANK # 16 GOVT OWNED TANKS

1 2000 ABOVE GROUND TANK(S) BLDG 581 TANK # 5 GOVT OWNED TANK

1 475 ABOVE GROUND TANK(S) BLDG 914 TANK # 15 GOVT OWNED TANK

1 500 ABOVE GROUND TANK(S) BLDG 472 TANK # 4 GOVT OWNED TANK

1 6000 ABOVE GROUND TANK(S) BLDG 570 TANK # 19 LEASED TANK

1 6000 ABOVE GROUND TANK(S) BLDG 595 NEW REQEUST FOR A LEASED TANK

Delivery Mode Notes: Scope: The Defense Logistics Agency (DLA)Aerospace Energy Business Unit, as the Department of Defense (DoD) Integrated Materiel Man ager (IMM) for Aerospace Energy products and related services, requires delivery of Liquid Nitrogen (LN2) to Air Force Research Laboratory (AFRL) at Kirtland AFB, NM into Government-owned and Contractor-provided tanks. The Contractor shall provide

PAGE 7 OF 36 PAGES

all product, materials, supplies, management, tools, equipment, transportation and labor necessary for the delivery of requested product f.o.b. destination to AFRL Kirtland AFB, NM.

Delivery Hours: 7:00 AM - 4:00 PM MONDAY THRU FRIDAY CLOSED US FEDERAL HOLIDAYS AND WEEKENDS

Delivery Notes: All DD250s must be brought to Bldg. 1010W for government acceptance signature.

-- Tanks 3, 4, and 16 are located in a locked enclosure.

-- Tank 19 is located in B570 Service Yard

Delivery Ticket Notes: One copy of the Certificate of Analysis (COA) for each sample required by the specification shall be submitted by the Contractor as an attachment to Wide Area Workflow (WAWF). In addition, the Contractor shall include a copy of COA to accompany each delivery to b e provided to acceptor at delivery destination.

Product Delivery: Routine deliveries shall be made within 7calendar days after receipt of an order from the appointed Delivery Scheduler. Emergency deliveries shall be made within 3 calendar days after receipt of an order from the appointed Delivery Scheduler.

Inspection and Acceptance: Inspection for quality shall be performed at origin. Quantity determination and acceptance shall be at destination. Contractor shall obtain customer signature for delivery at each location for acceptance of quantity. A copy of the signed quantity acceptance document must be attached to the WAWF invoice submittal for payment.

Security Requirements: Delivery personnel shall be U.S. citizens. In addition, delivery personnel must possess a state or federally issued photo ID that displays the driver’s full name and date of birth.

Deliveries to Military installations will require delivery personnel provide social security number and be subjected to background checks. Driver may also be required to pro vide proof of insurance and vehicle registration. Some locations will require delivery personnel be escorted while making deliveries.

All delivery vehicles are subject to search by security personnel prior to accessing delivery location and while on each facility.

Item: 0002 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000162 (V200) CDSKIRTAF1 - AIR FORCE RESEARCH LAB NM

Installation of Equipment

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8054

Name Phone

VALERIE DEAN 505-846-4813

Item: 0003 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000163 (V200) CDSKIRTAF1 - AIR FORCE RESEARCH LAB NM

Removal of Equipment

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8054

Name Phone

VALERIE DEAN 505-846-4813

Mode Receipt % Max Parcel Min Parcel FOB Restriction

SERVICE MATERIALS

PAGE 8 OF 36 PAGES

Item: 0004 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000172 (V200) CDSKIRTAF1 - AIR FORCE RESEARCH LAB NM

Tank Usage Fee

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8054

Name Phone

VALERIE DEAN 505-846-4813

Item: 0005 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000177 (V200) CDSKIRTAF1 - AIR FORCE RESEARCH LAB NM

Expedited/Emergency Delivery

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8054

Name Phone

VALERIE DEAN 505-846-4813

Item: 0006 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000179 (V200) CDSKIRTAF1 - AIR FORCE RESEARCH LAB NM

Detention Fee

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8054

Name Phone

VALERIE DEAN 505-846-4813

Item: 0007 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

PAGE 9 OF 36 PAGES

NSN Delivery Identification State

9135-SE0000181 (V200) CDSKIRTAF1 - AIR FORCE RESEARCH LAB NM

Fill Line Restriction Orifice

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8054

Name Phone

VALERIE DEAN 505-846-4813

Item: 0008 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000183 (V200) CDSKIRTAF1 - AIR FORCE RESEARCH LAB NM

Tank Hot Fill

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8054

Name Phone

VALERIE DEAN 505-846-4813

Item: 0009 Quantity: 7,500.000UoM: TN Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-016653253 (LN9) CDSKIRTAFR - AIR FORCE RESEARCH LABORAT NM

PROPELLANT PRESSURI

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code DeliveryDODAAC Ordering Office DODAAC

USAF FP8194 FP8194

Name Phone

VALERIE DEAN VALERIE.DEAN@US.

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

1 3000 ABOVE GROUND TANK(S) BLDG 761 TANK # 17-1 LEASED TANK

1 5000 ABOVE GROUND TANK(S) BLDG. 761 TANK # 17-2 GOVT. TANK

1 1500 ABOVE GROUND TANK(S) 66048 MT. WASHINGTON RD TANK # 21 LEASED TANK

2 1500 ABOVE GROUND TANK(S) BLDG 400 TANK # 6 & TANK # 7 LEASED TANKS

1 1500 ABOVE GROUND TANK(S) BLDG 765 TANK #14 LEASED TANK

1 1500 ABOVE GROUND TANK(S) BLDG. 322 TANK #10 GOVT TANK

1 3000 ABOVE GROUND TANK(S) BLDG 416 TANK #9 LEASED TANK

1 6000 ABOVE GROUND TANK(S) 66048 MT. WASHINGTON RD TANK # 20 LEASED TANK

Delivery Mode Notes: One copy of the Certificate of Analysis (COA) for each sample required by the specification shall be submitted by the Contractor as an attachment to Wide Area Workflow (WAWF). In addition, the Contractor shall include a copy of COA to accompany each delivery to b e provided to acceptor at delivery destination.

PAGE 10 OF 36 PAGES

Product Delivery: Routine deliveries shall be made within 7 calendar days after receipt of an order from the appointed Delivery Scheduler. Emergency deliveries shall be made within 3 calendar days after receipt of an order from the appointed Delivery Scheduler.

Delivery Hours: 7:00 AM - 4:00 PM MONDAY THRU FRIDAY CLOSED US FEDERAL HOLIDAYS AND WEEKENDS

Delivery Notes: All DD250s must be brought to Bldg.1010W for government acceptance signature.

Delivery Ticket Notes: Scope: The Defense Logistics Agency (DLA) Aerospace Energy Business Unit, as the Department of Defense (DoD) Integrated Materiel Man ager (IMM) for Aerospace Energy products and related services, requires delivery of Liquid Nitrogen (LN2) to Air Force Research Laboratory (AFRL) at Kirtland AFB, NM into Government-owned and Contractor-provided tanks. The Contractor shall provide all product, materials, supplies, management, tools, equipment, transportation and labor necessary for the delivery of requested product f.o.b. destination to AFRL Kirtland AFB, NM.

Inspection and Acceptance: Inspection for quality shall be performed at origin. Quantity determination and acceptance shall be at destination. Contractor shall obtain customer signature for delivery at each location for acceptance of quantity. A copy of the signed quantity acceptance document must be attached to the WAWF invoice submittal for payment.

Security Requirements: Delivery personnel shall be U.S. citizens. In addition, delivery personnel must possess a state or federally issued photo ID that displays the driver’s full name and date of birth. Deliveries to Military installations will require delivery personnel provide social security number and be subjected to background checks. Driver may also be required to provide proof of insurance and vehicle registration.

Some locations will require delivery personnel be escorted while making deliveries. All delivery vehicles are subject to search by security personnel prior to accessing delivery location and while on each facility.

Item: 0010 Quantity: 7.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000162 (V200) CDSKIRTAFR - AIR FORCE RESEARCH LABORAT NM

Installation of Equipment

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8194 FP8194

VALERIE DEAN VALERIE.DEAN@US.

Item: 0011 Quantity: 7.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000163 (V200) CDSKIRTAFR - AIR FORCE RESEARCH LABORAT NM

Removal of Equipment

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8194

VALERIE DEAN VALERIE.DEAN@US.

Item: 0012 Quantity: 54.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: -

PAGE 11 OF 36 PAGES

Base-Ref: 10/01/2023 Base-Price: 0.000000

9135-SE0000172 (V200) CDSKIRTAFR - AIR FORCE RESEARCH LABORAT NM

Tank Usage Fee

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8194 FP8194

Name Phone

VALERIE DEAN VALERIE.DEAN@US.

Item: 0013 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000177 (V200) CDSKIRTAFR - AIR FORCE RESEARCH LABORAT NM

Expedited/Emergency Delivery

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8194

Name Phone

VALERIE DEAN VALERIE.DEAN@US.

Item: 0014 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000179 (V200) CDSKIRTAFR - AIR FORCE RESEARCH LABORAT NM

Detention Fee

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8194

Name Phone

VALERIE DEAN VALERIE.DEAN@US.

Mode Receipt % Max Parcel Min Parcel FOB Restriction

SERVICE MATERIALS

Delivery Notes: DETENTION COST: TRANSPORT TRUCK AND TRAILER FREE TIME AND DETENTION RATE DELIVERED

F.O.B. DESTINATION

Item: 0015 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

9135-SE0000181 (V200) CDSKIRTAFR - AIR FORCE RESEARCH LABORAT NM

PAGE 12 OF 36 PAGES

Fill Line Restriction Orifice

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8194

Name Phone

VALERIE DEAN VALERIE.DEAN@US.

Mode Receipt % Max Parcel Min Parcel FOB Restriction

SERVICE MATERIALS

Delivery Notes: TANK OVER PRESSURE PROTECTION: If it is determined during supplier site visits or upon review of tank technical information that additional tank over pressure protection is required to comply with CGA P-59, Prevention of Over Pressure During filling of Cryogenic Vessels, the Contractor shall provide and install the additional tank protection which may encompass any of the methods identified in the P-59. NOTE: Over protection devices shall not be installed on Governmen owned storage tanks without prior coordination with DLA Energy FEM and the activity that physically possesses the tanks.

Item: 0016 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000183 (V200) CDSKIRTAFR - AIR FORCE RESEARCH LABORAT NM

Tank Hot Fill

Delivery Address: 4600 Randolph Ave SE Kirtland AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

USAF FP8194

Name Phone

VALERIE DEAN VALERIE.DEAN@US.

Mode Receipt % Max Parcel Min Parcel FOB Restriction

SERVICE MATERIALS

Delivery Notes: HOT FILLS: Occasionally, the Contractor may be required to perform a Hot Fill in order to cool down and refill any tank that has gone empty and is warm.

Item: 0017 Quantity: 600.000UoM: TN Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-016653253 (LN9) CDSKIRTEOD - 21 EOD NM

PROPELLANT PRESSURI

Delivery Address: Bldg 29051, Lovelace Rd. KIRTLAND AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W589EJ W589EJ

Name Phone

NATHANIEL BEERMAN 505-853-7263

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

1 1500 ABOVE GROUND TANK(S) BLDG 29051

Delivery Hours: M-F 0700-1600

Delivery Notes: LN2 (NSN 9135-01-665-3253) shall meet the requirements of Type II, Grade B, MIL-PRF-27401G, dated August 7, 2013, Propellant Pressurizing Agent, Nitrogen. The particulate test

PAGE 13 OF 36 PAGES

specified in Table I of the specification is not required at Kirtland AFB. The Contractor shall provide all product, materials, supplies, management, tools, equipment, transportation and labor necessary for the delivery of LN2 f.o.b. destination into a Government-owned tank at Kirtland AFB, NM. PRODUCT

ORDERING: The DLA Energy Contracting Officer shall issue individual Delivery Orders (DD Form 1155) for obligation of funds for shipments to be scheduled during that specific timeframe by the appointed Delivery Scheduler. The individual shipments requested by the appointed Delivery Scheduler will designate the specific quantity to be delivered at the customer location specified in the contract.

PRODUCT DELIVERY: Product shall be delivered within 24 hours after receipt of an order from the appointed Delivery Scheduler. Deliveries shall be made to 21st EOD from 0900-1600 hours, Monday-Friday excluding federal holidays. Product deliveries shall be made to the following address:

21st EOD, Bldg 29051, Lovelace Rd., Kirtland AFB, NM 87117

DESCRIPTION OF GOVERNMENT-OWNED LN2 TANKS: LN2 shall be delivered into the following Government owned storage vessel listed below. The storage vessel will be trailer accessible.

Location: Bldg. 29051 Number of tanks: 1 Tank Capacity (Gallons/Tons): 1,500 GL/5 TN MAWP (Maximum Allowable Working Pressure): 30 psig MAWP

INSPECTION AND ACCEPTANCE: Inspection for quality shall be performed at origin. Quantity determination and acceptance shall be at destination.

METHOD OF MEASUREMENT: Method of measurement shall be by truck mounted calibrated flow meter.

SECURITY REQUIREMENTS: For access to Kirtland AFB, the driver must be a U.S. citizen and possess a photo ID that displays drivers full name and date of birth. Driver must also provide proof of insurance and vehicle registration. The driver may be required to be escorted while making deliveries and the vehicle is subject to search by security personnel prior to accessing the facility. The Contractor shall provide a list of drivers names with place of birth and citizenship to each delivery location with a request provided to facility access security personnel.

Item: 0018 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000162 (V200) CDSKIRTEOD - 21 EOD NM

Installation of Equipment

Delivery Address: Bldg 29051, Lovelace Rd. KIRTLAND AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W589EJ

Name Phone

NATHANIEL BEERMAN 505-853-7263

Item: 0019 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000163 (V200) CDSKIRTEOD - 21 EOD NM

Removal of Equipment

Delivery Address: Bldg 29051, Lovelace Rd. KIRTLAND AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W589EJ

NATHANIEL BEERMAN 505-853-7263

PAGE 14 OF 36 PAGES

Item: 0020 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000172 (V200) CDSKIRTEOD - 21 EOD NM

Tank Usage Fee

Delivery Address: Bldg 29051, Lovelace Rd. KIRTLAND AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W589EJ

Name Phone

NATHANIEL BEERMAN 505-853-7263

Item: 0021 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000177 (V200) CDSKIRTEOD - 21 EOD NM

Expedited/Emergency Delivery

Delivery Address: Bldg 29051, Lovelace Rd. KIRTLAND AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W589EJ

Name Phone

NATHANIEL BEERMAN 505-853-7263

Item: 0022 Quantity: 5.000UoM: EA Period of Performance: 10/01/2023-09/30/2028 Escalator: - Base-Ref: 10/01/2023 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000179 (V200) CDSKIRTEOD - 21 EOD NM

Detention Fee

Delivery Address: Bldg 29051, Lovelace Rd. KIRTLAND AFB NM 87117

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W589EJ

Name Phone

NATHANIEL BEERMAN 505-853-7263

Mode Receipt % Max Parcel Min Parcel FOB Restriction

Delivery Notes: TRANSPORT TRUCK AND TRAILER FREE TIME AND DETENTION RATE DELIVERED F.O.B. DESTINATION

PAGE 15 OF 36 PAGES

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 36 PAGES

Form

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.

Part 12 Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) FAR

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2022) FAR

As prescribed in 12.301(b)(4), insert the following clause:

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)

(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] X 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

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

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

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

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

(10) [Reserved]

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

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

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

(ii) Alternate I (MAR 2020) of 52.219-7.

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

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

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (SEP 2021) of 52.219-9.

https://www.acquisition.gov/far/part-12

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 36 PAGES

SPE601-23-R-0304

Part 12 Clauses (CONTINUED)

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

(ii) Alternate I (MAR 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s .

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

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

X (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

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

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

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

(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

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

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

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

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

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

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

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

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

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

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

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

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

(ii) Alternate I (OCT 2015) of 52.223-13.

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

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

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

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

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) 52.225-1, Buy American - Supplies (NOV 2021)) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American - Free Trade Agreements - Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

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

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (OCT 2018) (31 U.S.C. 3332).

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 36 PAGES

SPE601-23-R-0304

Part 12 Clauses (CONTINUED)

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

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

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

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

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

(iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

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

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.

S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (MAY 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (MAY 2014) (41 U.S.

C. chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

((2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.

This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause -

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of…