SPE60125R0300 Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7008948018

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE601-25-R-0300

5. SOLICITATION NUMBER

2024 OCT 24

6. SOLICITATION ISSUE

DATE

Kelli Boles DKB0171

a. NAME

Phone: 2103806003

b. TELEPHONE NUMBER (No Collect calls)

2024 NOV 25

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE601

DLA ENERGY AEROSPACE ENRGY-DLAE-M

BLDG 5730

1525 WURTSMITH STREET

JBSA LACKLAND TX 78236

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

325120NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 47 PAGES

SPE601-25-R-0300

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, requires delivery of Liquid Oxygen and Liquid Nitrogen to Tobyhanna Army Depot, PA.

Product(s):

Liquid Oxygen (NSN: 9135-01-664-3235) Type II, Grade B, 99.5%, shall meet the most current version of MIL-PRF-25508.

Liquid Nitrogen (NSN: 6830-01-666-3681) Type II, Grade L, 99.998%, classification N1, shall meet the most current version of CGA G-10.1.

2. The requirement is for an estimated quantity of 100 TN for Liquid Oxygen and 3,000 TN of Liquid Nitrogen. The following associated service CLINS will be included for: Installation and Removal of Contractor Provided Tanks, Installation and Removal of Contractor Provided Equipment, Detention Fee, Fill Line Orifice, Tank Hot Fill, Equipment Usage Fee (telemetry), and Tank Usage Fee. The contractor shall provide all product, materials, supplies, management, tools, equipment, transportation, and labor necessary for the delivery of the requested product delivery F.O.B.

Destination to Tobyhanna Army Depot, PA.

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 FAR 52.212-1 ADDENDUM INSTRUCTIONS TO OFFERORS-COMMERICAL

PRODUCTS AND COMMERCIAL SERVICES.

ALL OFFERS WILL BE EVALUATED IN ACCORDANCE WITH INSTRUCTION FAR 52.212-2 ADDENDUM EVALUATION-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES.

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 SPE601-25-R-0300 to 4 November 2024 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 kelli.boles@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 22 NOVEMBER 2024 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 17a and 30a-30c) and amendment(s) (SF30 blocks 8 and 15a-15c), and submit to DLA Energy by email to kelli.boles@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- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. While the Government intends to evaluate proposals in accordance with FAR 52.211-2 ADDENDUM EVALUATION- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (see pages 14-16 of the attached Requirement Page), Lowest Price Technically Acceptable Source Selection Process and award a contract (s) without

PAGE 4 OF 47 PAGES

discussion, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participated 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 conduction discussions with Offerors whose proposal have been determined to be with the competitive range.

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: Kelli Boles, Contract Specialist at kelli.boles@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.

a. LIST POINT OF CONTACT(S) AUTHORIZED TO NEGOTIATE, see page 9 of attachment “AE_A1-REQUIREMENTS PAGE”, section

K0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007)

b. PROPOSAL REQUIREMENTS, see pages 11 through 14 of attachment “Attachment AE_A1 -REQUIREMENTS PAGE”, FAR 52.212-1

ADDENDUM INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODCUTS AND COMMERCIAL SERVICES.

c. All offers are to complete and return Price Proposal document, see Attachment AE_A4 – Schedule of Supplies Pricing Form.

d. All offers are to complete and return VENDOR TECHNICAL PROPOSAL document, see Attachment AE_A7 -Vendor Technical Proposal.

e. SUBMISSION OF PAST PERFORMANCE REFERENCES, see page 1 of attachment “Attachment AE_A6 - Contractor Performance Data Sheet”.

f. All offers are to complete and return Energy QAP E33.10 found in Solicitation located in Attachment AE_A3a – ENERGY QAP E33.10. Failure to complete Energy QAP E33.10 may deem submitted proposal incomplete as to not be included in the competitive range.

g. COMPLETE SOLICITATION FILL-INS FOR PRICING, PROVISIONS, AND CLAUSES. Optional Schedule of Supplies Pricing Form can be found on https://sam.gov as an attachment to the listed solicitation.

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

PAGE 5 OF 47 PAGES

Quality Technical Provisions

PROPELLANT,OXYGEN,LOB,9.1K

9135-016653235

PR #: 7008948018

IAW BASIC SPEC NR MIL-PRF-25508J

REVISION NR J DTD 03/02/2020

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 B DTD 01/01/2023

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E33.10

REVISION NR B DTD 01/01/2023

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E6

REVISION NR A DTD 08/01/2015

PART PIECE NUMBER:

PROPELLANT,OXYGEN

Quality Technical Provisions

NITROGEN,LIQUID,IND,LN8,9.1K

6830-016663681

PR #: 7008948018

IAW BASIC QAP 52838 ENERGY-QAP-E22

REVISION NR A DTD 07/01/2013

PART PIECE NUMBER:

IAW REFERENCE NON GOVT STD AWSA5.32M

REVISION NR DTD 01/11/2011

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-E1.15

REVISION NR B DTD 01/01/2023

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E33.10

REVISION NR B DTD 01/01/2023

PART PIECE NUMBER:

IAW REFERENCE QAP 52838 ENERGY-QAP-E6

REVISION NR A DTD 08/01/2015

PART PIECE NUMBER:

NITROGEN,LIQUID,IND

Quality Technical Provisions Installation of Equipment,V200,SVC

9135-SE0000162

PR #: 7008948018

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

PAGE 6 OF 47 PAGES

Removal of Equipment,V200,SVC

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

6830-SE0000171

PR #: 7008948018

Quality Technical Provisions Tank Usage Fee,V200,SVC

9135-SE0000172

PR #: 7008948018

Quality Technical Provisions Installation of Equipment,V200,SVC

6830-SE0000174

PR #: 7008948018

Quality Technical Provisions Removal of Equipment,V200,SVC

6830-SE0000175

PR #: 7008948018

Quality Technical Provisions Detention Fee,V200,SVC

6830-SE0000178

PR #: 7008948018

Quality Technical Provisions Detention Fee,V200,SVC

9135-SE0000179

PR #: 7008948018

Quality Technical Provisions Fill Line Restriction Orifice,V200,SVC

6830-SE0000180

PR #: 7008948018

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

INCLUDE ZF001 OBJECT TEXT ID ST LANGUAGE EN

Quality Technical Provisions Tank Hot Fill,V200,SVC

6830-SE0000182

PR #: 7008948018

Quality Technical Provisions Tank Hot Fill,V200,SVC

9135-SE0000183

PAGE 7 OF 47 PAGES

INCLUDE ZF002 OBJECT TEXT ID ST LANGUAGE EN

Equipment Usage Fee,V200,SVC

6830-SE0000223

PR #: 7008948018

Quality Technical Provisions Equipment Usage Fee,V200,SVC

9135-SE0000224

PR #: 7008948018

PR #: 7008948018

Item: 0001 Quantity: 100.000UoM: TN Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-016653235 (LOB) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

PROPELLANT,OXYGEN

Delivery Address: 11 Hap Arnold Blvd. TOBYHANNA PA 18466-5079

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

1 1900 ABOVE GROUND TANK(S) OUTSIDE OF BLDG 1C, BAY 6 IN THE U AREA

Delivery Hours: MONDAY-SUNDAY, 24 HOURS A DAY, 7 DAYS A WEEK

ESTIMATED QTY:

Liquid Oxygen (9135-01-665-3235):

Year 1: 04/01/2025 – 03/31/2026 Estimated Qty: 20 TN, Unit Price $ _______________ Year 2: 04/04/2026 – 03-31/2027 Estimated Qty: 20 TN, Unit Price $ _______________ Year 3: 04/01/2027 – 03/31/2028 Estimated Qty: 20 TN, Unit Price $ _______________ Year 4: 04/04/2028 – 03-31/2029 Estimated Qty: 20 TN, Unit Price $ _______________ Year 5: 04/04/2029 – 03-31/2030 Estimated Qty: 20 TN, Unit Price $ _______________

GRAND TOTAL: $______________________

Item: 0002 Quantity: 3,000.000UoM: TN Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-016663681 (LN8) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

NITROGEN,LIQUID,IND

Delivery Address: 11 Hap Arnold Blvd. TOBYHANNA PA 18466-5079

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Mode Receipt % Max Parcel Min Parcel FOB Restriction

TANK TRUCK

No. of Tanks Capacity Type Tank Location

PAGE 8 OF 47 PAGES

1 8000 ABOVE GROUND TANK(S) OUTSIDE OF BLDG 1C, BAY 6, U AREA (VENDOR TANK)

1 11000 ABOVE GROUND TANK(S) BLDG 1B-3 EAST (GOVT TANK)

1 800 ABOVE GROUND TANK(S) BLDG 4A (VENDOR TANK)

Delivery Hours: MONDAY - SUNDAY, 24 HOURS A DAY, 7 DAYS A WEEK

ESTIMATED QTY:

Liquid Nitrogen (6830-01-666-3681):

Year 1: 04/01/2025 – 03/31/2026 Estimated Qty: 600 TN, Unit Price $ _______________ Year 2: 04/04/2026 – 03-31/2027 Estimated Qty: 600 TN, Unit Price $ _______________ Year 3: 04/01/2027 – 03/31/2028 Estimated Qty: 600 TN, Unit Price $ _______________ Year 4: 04/04/2028 – 03-31/2029 Estimated Qty: 600 TN, Unit Price $ _______________ Year 5: 04/04/2029 – 03-31/2030 Estimated Qty: 600 TN, Unit Price $ _______________

GRAND TOTAL: ___________________

Item: 0003 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000162 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Installation of Equipment

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Mode Receipt % Max Parcel Min Parcel FOB Restriction

SERVICE MATERIALS

Item: 0004 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000162 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Installation of Equipment

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0005 Quantity: 5.000UoM: EA Period of Performance: - Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000162 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

PAGE 9 OF 47 PAGES

Installation of Equipment

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0006 Quantity: 5.000UoM: EA Period of Performance: - Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000175 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Removal of Equipment

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0007 Quantity: 5.000UoM: EA Period of Performance: - Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000175 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Removal of Equipment

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0008 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000175 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Removal of Equipment

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

PAGE 10 OF 47 PAGES

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0009 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000174 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Installation of Equipment

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0010 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000163 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Removal of Equipment

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0011 Quantity: 5.000UoM: EA Period of Performance: - Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000171 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Tank Usage Fee

Delivery Address:

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY

Name Phone

THEODORE GRESKO 570-615-6340

PAGE 11 OF 47 PAGES

Item: 0012 Quantity: 5.000UoM: EA Period of Performance: - Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000171 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Tank Usage Fee

Delivery Address:

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0013 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000172 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Tank Usage Fee

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0014 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000178 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Detention Fee

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0015 Quantity: 5.000UoM: EA Period of Performance: - Escalator: -

PAGE 12 OF 47 PAGES

Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000179 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Detention Fee

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0016 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000180 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Fill Line Restriction Orifice

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0017 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000180 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Fill Line Restriction Orifice

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0018 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000181 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Fill Line Restriction Orifice

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

PAGE 13 OF 47 PAGES

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0019 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000182 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Tank Hot Fill

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0020 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000183 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Tank Hot Fill

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0021 Quantity: 5.000UoM: EA Period of Performance: 04/01/2025-03/31/2030 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000223 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Equipment Usage Fee

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

PAGE 14 OF 47 PAGES

Item: 0022 Quantity: 5.000UoM: EA Period of Performance: - Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000223 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Equipment Usage Fee

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0023 Quantity: 5.000UoM: EA Period of Performance: - Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

6830-SE0000223 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Equipment Usage Fee

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

Item: 0024 Quantity: 5.000UoM: EA Period of Performance: - Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000

NSN Delivery Identification State

9135-SE0000224 (V200) CDSTOBYH1C - TOBYHANNA ARMY DEPOT BLDG PA

Equipment Usage Fee

Delivery Address: ASARS 1C BAY 6 TOBYHANNA PA 18466-5050

Service Code Delivery DODAAC Ordering Office DODAAC

ARMY W25G1V

Name Phone

THEODORE GRESKO 570-615-6340

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 47 PAGES

Form

252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (JAN 2023) DFARS

252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-O0005)

(FEB 2020) DFARS

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

“Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.

C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”

“Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

“Person” means --

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701 (c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror --

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(End of provision)

Part 12 Clauses

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

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) FAR

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

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

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

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

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 47 PAGES

Part 12 Clauses (CONTINUED)

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

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021) FAR

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) FAR

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS -- PROHIBITION (DEC 2023) FAR

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

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016) FAR

As prescribed in 9.104-7(d), insert the following provision:

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that --

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that --

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

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

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS

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

INFORMATION (JAN 2023) DFARS

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

(MAY 2024) DFARS

(a) Definitions. As used in this clause

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

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

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

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 47 PAGES

SPE601-25-R-0300

Part 12 Clauses (CONTINUED) modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

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

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 47 PAGES

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

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

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

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

(c) Cyber incident reporting requirement.

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

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

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

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

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

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

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

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

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

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/ proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

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

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 47 PAGES

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

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

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

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

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

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

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

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