SPE60525R0222 Solicitation.pdf

Solicitation No. SPE60525R0222

COG 2 PC&S – PPN. 3.22

1. Solicitation No. SPE60525R0222 is for commercial items, and is prepared in accordance with FAR Subpart 12.6, and FAR Subpart 15.1 as supplemented with additional information included in this notice. This announcement constitutes the “Solicitation.” This is a Request for Proposals (RFP).

2. The fuel requirements for the COG 2 PC&S Purchase Program Number (PPN 3.22) are being solicited and shall be evaluated in accordance with FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021), see Page 43 of this Solicitation. This Solicitation includes All-or-None for locations organized within Groups. If you submit an offer on any line item organized in a group, you must submit an offer on all the line items within that organized group, see Attachment A - Line Item Price Offer Sheet. Line item locations that are not organized in a group shall be evaluated and awarded independently, see Attachment A - Line Item Price Offer Sheet. **NOTE: After contract award, if one line item in a group is Terminated the entire group shall be terminated. Other offers for the terminated group shall be evaluated for award in accordance with the Solicitation.

3. This Solicitation document incorporates provisions and clauses, those in effect through Federal Acquisition Circular

(FAC) 2025-05 effective as of August 7, 2025, Defense Federal Acquisition Regulation Supplement (DFARS) change date January 17, 2025, Defense Logistics Agency Directive (DLAD) July 14, 2025, with the same force and effect as if they were given in full text. The full text of the referenced clause and provision in this Solicitation may be accessed electronically at https://www.ecfr.gov/current/title-48/chapter-1, https://www.acq.osd.mil/dpap/dars/dfarspgi/current/, and, https://www.dla.mil/Acquisition/Policy-and-Directives/#98025. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its offer.

4. This procurement is being issued as a TOTAL SMALL BUSINESS SET ASIDE. North American Industrial Classification Standard (NAICS): 324110 Small Business Size Standard: 1500 employees or refining no more than 200,000 barrels per calendar day.

5. Period of Performance: April 01, 2026, through March 31, 2029. Delivery shall be FOB destination for all but 1 requirement; (See Attachment B - Line-Item Narratives).

6. In accordance with FAR 52.216-1 Type of Contract (April 1984) The Government contemplates award of a Fixed- Priced, Requirements contract with Economic Price Adjustment (EPA) contract resulting from this Solicitation.

7. The period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the Solicitation. The offer price should include all costs arising from the performance of the contract. Offerors must submit pricing in Unit per US Gallon format.

Offerors shall not include in their prices any taxes or fees for which the U.S. Government or Department of Defense is exempt. Offerors are expected to know the relevant business procedures in the states where fuel will be delivered.

The Government reserves the right to conduct a price realism analysis. Offerors are hereby informed and reminded that negative consequences may result from proposing a price that is too low. The Contracting Officer may reject a proposal as unacceptable or assess it as a technical risk to the offerors’ proposal. DLA Energy may review prices to determine whether they are so low that they reflect a lack of technical understanding of the requirement.

8. Offers are due: January 15, 2026, at 12:00 P.M. (noon) EDT. Offers must be completed and signed proposals shall be submitted via Offer Entry Tool (OET). PC&S OET is an external web application which allows prospective PC&S ground fuel vendors to securely bid on DLA Energy fuel solicitations. Offerors must be registered in the PC&S OET application in order to submit offer prices, see Attachment G - PCS OET Vendor Guide. In order to have system access to PC&S OET, offerors must request the applicable user roles via the Account Management and Provisioning System (AMPS) website at: https://amps.dla.mil. Note: All offer prices and all supporting documents shall be entered into https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/Acquisition/Policy-and-Directives/#98025 and submitted in OET only. Any offer received after January 15, 2026, at 12:00 P.M. (noon) EDT will be considered “late.” Offeror(s) assume all risk for any delay in the transmission of their proposals. All offerors are encouraged to review paragraph (f) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(SEP 2023).

9. Q&A Period: Telephonic (oral) questions Will Not be addressed. Offerors must submit questions in writing, via email to 2026COG2Solictiation@dla.mil No Later Than December 23, 2025, at 4:00 P.M. (noon) EDT. All responses to questions, which may affect offers, will be consolidated, and answered via an official Question and Answer (Q&A) amendment to the Solicitation.

10. Please see the below Attachments for securing your AMPS roles and OET access:

• Attachment E - AMPS Registration, for AMPS user registration process

• Attachment F - Requesting the OET Vendor Role in AMPS for requesting roles in OET

• Attachment G - PCS OET Vendor Guide for accessing the OET application; you will be notified by email once your OET access is granted. You will be able to request access to OET through AMPS.

11. After you obtain access to OET, you will be able to select a solicitation to offer on and submit your offer prices via OET using the attached instructions found in Attachment G - PCS OET Vendor Guide.

12. If you have trouble registering or if additional assistance is needed, please send an email to the DLA Enterprise Help Desk at DLAEnterpriseHelpDesk@dla.mil or call toll free (855) 352-0001 and select the option for assistance with AMPS.

13. In the event of technical issues on the part of OET that prevent an offeror from successfully entering offer data in OET, the offeror must immediately notify both Government’s Points of Contact via email at 2026COG2Solictiation@dla.mil to request allowance for offeror’s manual offer submission using Price Data Sheets. Nevertheless, the offerors are still responsible for entering offer data through OET upon its return to a fully functioning state.

14. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph (g) of FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEP 2023). While the Government intends to evaluate proposals in accordance with FAR 15.101-2, Lowest Price Technically Acceptable source selection process and award a contract without discussions, it reserves the right to conduct discussions if determined by the Contracting Officer to be necessary. If discussions are conducted, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposals have been determined to be within the competitive range.

Therefore, offerors are advised to submit their best prices with their initial offer.

NOTE: This is an open continuous Solicitation with successive closing dates. The first closing date is January 15, 2026, at 12:00 P.M. (noon) EDT. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers. (Ref: FAR 52.212-1(d)).

The Government anticipates receiving new requirements throughout the performance period. Therefore, Solicitation SPE60525R0222 will remain open until September 30, 2027, for any new requirements to be solicited. As new requirements are received, the Government will issue amendment(s) to the Solicitation, with new closing dates for the new requirements, and afford all offerors an opportunity to compete for the new requirements.

15. All proposal documentation must be submitted via OET. If you are unable to submit in OET please send an email to 2026COG2Solictiation@dla.mil, but vendors are responsible for gaining access to OET and submitting all documents and prices in OET once they gain access.

16. Defense Priorities and Allocations System (DPAS) and assigned rating: N/A mailto:2026COG2Solictiation@dla.mil mailto:2026COG2Solictiation@dla.mil

17. TAX AND FEE INFORMATION: Applicability of various Federal, State, and Local taxes is governed by the following clauses & provisions:

• FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

• FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

• FEDERAL, STATE, AND LOCAL TAXES/FEES EXCLUDED FROM CONTRACT PRICE (DLA ENERGY DEC 2019)

INCLUDE any Federal Excise Taxes (FET) in your offer prices, (however, if awarded a contract the FET may need to be listed as a separate line item on the Contractor’s invoice).

INCLUDE State and Local environmental, oil spill taxes, and inspection fees in your offer price, unless an exemption applies.

Offerors are responsible for confirming the applicability of taxes and tax rates with the state or local tax authorities.

Offerors are advised that offer prices should include FET and all other applicable taxes and fees and all other costs arising from contractor's performance of the contract, where no U.S. Government or Department of Defense exemption applies. Offer price should be a unit price per U.S. gallon.

Required Documents

1. Written Acknowledgment of the terms and conditions of the Solicitation

2. Certificates of Analysis/Certificate of Quality and C-Quality Assurance Provision (QAP) Fuel Product

Conforming Statement

3. Supply Commitment Letter

4. Transportation Agreement

5. Truck license number, vin number and pictures of the trucks to be used

18. SET ASIDES: This Solicitation is a total Small Business set-aside of 484 line items. See Attachment A - Line Item Price Offer Sheet and Attachment B - Line Item Narratives for a full list of Grouped, Ungrouped, and Service-disabled Veteran-owned Small Businesses (SDVOSBs) Set-asides locations.

a. SMALL BUSINESS CONCERNS: The Solicitation includes 484 line items, totaling approximately 53,139,000 gallons of fuel product that have an estimated value of $205,106,485, with 392 line items being below the Simplified Acquisition Threshold (SAT) and totaling $63,574,025, Under 13 C.F.R. § 121.406(d), the nonmanufacturer rule (NMR) does not apply to these line items. In accordance with (IAW) FAR 19.502-2, those valued between the micro purchase threshold ($15,000) and the simplified acquisition threshold (SAT) ($350,000) and are exempt from the NMR. FAR 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020) applies to the line items identified in Attachment A and Attachment B. Eighty-seven (87) line items are being set-aside for SDVOSB concerns for Department of Veterans Affairs (VA) locations (see Attachment A and Attachment B), totaling approximately 9,268,000 gallons of different fuel types in accordance with 38 USC §8127- 8128 and the VA Acquisition Regulation, 48 CFR subpart 819.70. The Contracting Officer has determined that there are Ninety-two (92) non-VA locations line items that will be grouped and set aside for SDVOSB concerns only totaling 16,604,000 gallons of fuel product that have an estimated value of $41,148,370.

b. The U.S. Small Business Administration (SBA) approved DLA Energy’s request for an NMR waiver for all line-items over the SAT.

c. SDVOSBS: One-hundred seventy-nine (179) line items will be set-aside as SDVOSB, with eighty-seven (87) of the 179 line items supporting U.S. Department of Veterans Affairs locations. To be eligible for the line items set-aside for SDVOSBs below, the SDVOSB submitting an offer must be listed as certified in the Dynamic Small Business Administration (SBA) Search (DSBS) database at https://dsbs.sba.gov/search/dsp_dsbs.cfm. FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (Class Deviation 2024-O0002, Revision 1) applies to the line items identified in Attachment A - Line Item Price Offer Sheet.

d. The North American Industry Classification System (NAICS) code for this acquisition is 324110 and the size standard for a small business is either that it has no more than 1500 employees, including all affiliates, or that it has a capacity to refine no more than 200,000 barrels per calendar day. (See 13 C.F.R. § 121.201).

a. The point of contact for Small Business Affairs at DLA Energy is Mr. Greg Thevenin, telephone: (703) 624-5495.

e. A list of line-item number(s) and items, quantities, units of measures, description of requirements, date(s), place(s) of delivery and acceptance and FOB point may be found in Attachment A and Attachment B.

19. An order placed under an item of this contract calling for delivery by transport truck of motor gasoline, fuel oil, diesel fuel, or kerosene, may require delivery of a quantity as low as 5,200 gallons whenever the activity is restricted - either by tank capacity or by a directive - from receiving a larger quantity.

20. Fuel specifications are to be found in Attachment C - DLA Energy C QAP and Attachment- D DLA Energy E QAP. All products offered must follow parameters and specifications provided in such documents. Failure to adhere will result in an unsuccessful offer.

21. Perspective offerors are to adhere to all terms of this solicitation. Any modification or additions of or to this document will not be accepted unless contemplated and carried out by the Contracting Officer; Orlando Merritt.

22. 52.212-1 Instructions To Offerors – Commercial Products and Commercial Services applies to this Solicitation.

23. The provision at FAR 52.212-2 Evaluation—Commercial Products and Commercial Services, applies to this acquisition.

24. The clause FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, applies to this acquisition. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer. Annual Representations and certificates can be completed electronically at https://www.sam.gov/SAM/.

25. The clause FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services applies to this acquisition.

26. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Mar 2025) (Class Deviation 2025-O0003), applies to this acquisition.

Paragraph (a) is incorporated herein by reference in its entirety. The following clauses from paragraph (b) are also incorporated: FAR 52.203-6, 52.203-13, 52.203-15, 52.204-10, 52.204-27, 52.209-6, 52.209-9, 52.222-19, 52.222-50, 52.225-5, 52.225-13, 52.225-26, and 52.232-33.

27. FAR 52.252-1 SOLICIATION PROVISIONS INCORPORATED BY REFRENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ and https://www.acquisition.gov/dlad https://www.sam.gov/SAM/ https://www.acquisition.gov/ https://www.acquisition.gov/dlad

28. FAR 52.252-2 CLAUSES INCORPORATED BY REFRENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/ and https://www.acquisition.gov/dlad

LIST OF CLAUSES (C) & PROVISIONS (P)

FAR 52.212-1

Instructions to Offerors—Commercial Products and Commercial Services.

P Sep 2023

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services. P Nov 2021

FAR 52.212-3

Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION

FEB 2025)

P May 2024

FAR 52.212-4

Contract Terms & Conditions–Commercial Products and Commercial Services

C Nov 2023

FAR 52.212-5

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

C Jan 2025

FAR 52.203-3 Gratuities C Apr 1984

FAR 52.203-12

Limitation on Payments to Influence Certain Federal Transactions

C Jun 2020

FAR 52.204-7 System for Award Management P Nov 2024

FAR 52.204-13 System For Award Management Maintenance C Oct 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting P Aug 2020

FAR 52.204-18 Commercial and Government Entity Code Maintenance C Aug 2020

FAR 52.204-20 Predecessor of Offeror P Aug 2020

FAR 52.204-21 Basic Safeguard of Covered Contractor Information Systems C Nov 2021

FAR 52.204-25

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

C Nov 2021

FAR 52.204-27 Prohibition on a ByteDance Covered Application C Jun 2023

FAR 52.204-29

Federal Acquisition Supply Chain Security Act Orders— Representation and Disclosures.

P Dec 2023

FAR 52.204-30

Federal Acquisition Supply Chain Security Act Orders— Prohibition.

C Dec 2023

FAR 52.209-5 Certification Regarding Responsibility Matters P Aug 2020 https://www.acquisition.gov/ https://www.acquisition.gov/dlad https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/52.212-1 https://www.acquisition.gov/far/52.212-1 https://www.acquisition.gov/far/52.212-2

FAR 52.209-6

Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

C Nov 2021

FAR 52.209-7 Information Regarding Responsibility Matters P Oct 2018

FAR 52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters

C Oct 2018

FAR 52.214-34 Submission of Offers in the English P Apr 1991

FAR 52.216-2 Economic price Adjustment – Standard Supplies C Nov 2021

FAR 52.216-18 Ordering C Aug 2020

FAR 52.216-19 Order Limitations C Oct 1995

FAR 52.216-21 Requirements C Oct 1995

FAR 52.223-3 Hazardous Material Identification and Material Safety Data C Feb 2021

FAR 52.229-3 Federal, State, and Local Taxes C Feb 2013

FAR 52.229-11 Tax on Certain Foreign Procurements-Notices and Representative P Jun 2020

FAR 52.232-39 Unenforceability of Unauthorized Obligations C Jun 2013

FAR 52.233-1 Disputes C May 2014

FAR 52.233-2 Service Of Protest P Sep 2006

FAR 52.233-3 Protest After Award C Aug 1996

FAR 52.233-4 Applicable Law for Breach of Contract Claim C Oct 2004

FAR 52.237-1 Site Visit P Apr 1984

FAR 52.242-13 Bankruptcy C Jul 1995

FAR 52.246-1 Contractor Inspection Requirements C Apr 1984

FAR 52.246-2 Inspection of Supplies – Fixed Price C Aug 1996

FAR 52.247-34 F.o.b. Destination C Nov 1991

FAR 52.252-6 Authorized Deviations in Clauses C Nov 2020

FAR 52.253-1 Computer Generated Forms C Jan 1991

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials C Sep 2011

DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights C Dec 2022

DFARS 252.203-7003 Agency Office of the Inspector General C Aug 2019

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials P Sep 2022

DFARS 252.204-7000 Disclosure of Information C Oct 2016

DFARS 252.204-7003 Control of Government Personnel Work Product C Apr 1992

DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors C Jan 2023

DFARS 252.204-7008

Compliance With Safeguarding Covered Defense Information Controls

P Oct 2016

DFARS 252.204-7009

Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

C Jan 2023

DFARS 252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting

C May 2024

DFARS 252.204-7014

Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

C Jan 2023

DFARS 252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support

C Jan 2023

DFARS 252.204-7016

Covered Defense Telecommunications Equipment or Services Representation Basic

P Dec 2019

DFARS 252.204-7017

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

P May 2021

DFARS 252.204-7018

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

C Jan 2023

DFARS 252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements P Nov 2023

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements C Nov 2023

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders C Oct 2024

DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government P Dec 2022

DFARS 252.209-7004

Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

C May 2019

DFARS 252.215-7013

Supplies and Services Provided by Nontraditional Defense Contractors.

P Jan 2023

DFARS 252.215-7016 Notification to Offerors—Postaward Debriefings P Dec 2022

DFARS 252.223-7008 Prohibition of Hexavalent Chromium C Jan 2023

DFARS 252.225-7021 Trade Agreements C Feb 2024

DFARS 252.225-7031 Secondary Arab Boycott of Israel C Jun 2005

DFARS 252.225-7041 Correspondence in English C Jun 1997

DFARS 252.225-7050

Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism

P Dec 2022

DFARS 252.225-7052

Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

C May 2024

DFARS 252.225-7966

Prohibition Regarding Russian Fossil Fuel Business Operations Representation (Deviation 2024-O0006 Revision 1)

P Mar 2024

DFARS 252.225-7967

Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024- O0006, Revision 1)

C Feb 2024

DFARS 252.225-7975

Additional Access to Contractor and Subcontractor Records.

(DEVIATION 2024-O0003)

C Dec 2023

DFARS 252.225-7993

Prohibition on Providing Funds to the Enemy. (DEVIATION 2024-O0003)

C Dec 2023

DFARS 252.229-7001 TAX RELIEF—BASIC C Apr 2020

DFARS 252.229-7001

Alternate 1 TAX RELIEF—ALTERNATE I

C Apr 2020

DFARS 252.232-7003

Electronic Submission of Payment Requests and Receiving Reports

C Dec 2018

DFARS 252.232-7006 Wide Area Workflow Payment Instructions C Jan 2023

DFARS 252.232-7010 Levies on Contract Payments C Dec 2006

DFARS 252.243-7002 Requests for Equitable Adjustment C Dec 2022

DFARS 252.244-7000 Subcontracts For Commercial Products or Commercial Services C Nov 2023

DFARS 252.246-7003 Notification of Potential Safety Issues. C Jan 2023

DFARS 252.246-7004

Safety of Facilities, Infrastructure, and Equipment for Military Operations.

C Oct 2010

DFARS 252.247-7003

Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer.

C Jan 2023

DFARS 252.247-7023 Transportation of Supplies by Sea-Basic C Oct 2024

The full text of the above clauses can be found at:

FAR: https://www.acquisition.gov/browse/index/far DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

The full text of clauses identified as Deviations can be found at: https://www.acq.osd.mil/dpap/dars/class_deviations.html

Fuel Specification: See Attachment C - DLA Energy C QAP and Attachme- DLA DLA Energy E QAP for the full text of these clauses:

DLA ENERGY (C – QAP)

C16.08-1 TURBINE FUEL, AVIATION JET (JAA) (DLA ENERGY JAN 2025) JAN 2025

https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.acq.osd.mil/dpap/dars/class_deviations.html

C16.14 FUEL, ETHANOL (PC&S) (DLA ENERGY DEC 2022) DEC 2022

C16.14 GASOLINE, AVIATION (GRADE 100LL) (DLA ENERGY DEC 2022) DEC 2022

C16.23-3 COMMERCIAL MARINE GAS OIL MINIMUM REQUIREMENTS (DLA ENERGY

SEPT 2024) SEP 2024

C16.27 FUEL, BIODIESEL (B20) (DLA ENERGY OCT 2014) OCT 2014

C16.38-1 FUEL OIL, BURNER No. 1 S5000 (DLA ENERGY AUG 2014) AUG 2014 C16.38-3 Fuel Oil, Burner No. 4 (DLA ENERGY AUG 2014) AUG 2014 C16.38-4 Fuel Oil, Burner No. 6 (DLA ENERGY AUG 2014) AUG 2014

C16.69-1 GASOLINE AUTOMOTIVE, UNLEADED, REGULAR (PC&S) (DLA ENERGY

JUN 2017) JUN 2017

C16.69-2 GASOLINE AUTOMOTIVE, UNLEADED, MIDGRADE (MUM) (DLA ENERGY

SEPTEMBER 2023) SEP 2023

C16.69-3 GASOLINE AUTOMOTIVE, UNLEADED, PREMIUM (MUP) (DLA ENERGY JUN

2017) JUN 2017

C16.69-4 FUEL SPECIFICATIONS, KEROSENE (KS1) (PC&S) (DLA ENERGY DEC 2016) DEC 2016

C16.69-5 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) DEC 2016

C16.69-6 FUEL SPECIFICATIONS (PC&S) (DLA ENERGY DEC 2016) DEC 2016

C16.69-7 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (DLA ENERGY DEC 2016) DEC 2016

C16.69-8 GASOLINE, AUTOMOTIVE, UNLEADED (REFORMULATED GASOLINE)

(PC&S) (DLA ENERGY DEC 2016)

DEC 2016

C16.69-10 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) DEC 2016

C16.69-11 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) DEC 2016

C16.69-12 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) DEC 2016

C16.69-13 DIESEL FUEL SPECIFICATION (PC&S) (DLA ENERGY DEC 2016) DEC 2016

C16.69-17 FUEL OIL, BURNER SPECIFICATION (PC&S) (FL2) (DLA ENERGY DEC 2016) DEC 2016

C16.69-21 GASOLINE AUTOMOTIVE, ETHANOL FREE, UNLEADED,

MIDGRADE (PC&S)

FEB 2020

DLA ENERGY (E – QAP)

E1 CONTRACTOR INSPECTION RESPONSIBILITIES (April 2024) APR 2024

E12 POINT OF ACCEPTANCE JUL 2015

E18.01 SAMPLE OF SUBMISSION AUG 2009

E21.01 POINT OF INSPECTION JUN 2015

E22 LIST OF INSPECTION OFFICES FOR DLA ENERGY CONTRACTS (DLA ENERGY)

(FEB 2022) FEB 2022

E35 NONCONFORMING SUPPLIES AND SERVICES DEC 2011

E37 SOURCE RESTRICTION AND SOURCE INSPECTION (PS&S) DEC 2011

E40.01 MATERIAL INSPECTION AND RECEIVING REPORT (MIRR)/WIDE AREA

WORKFLOW (WAWF) ENERGY RECEIVING REPORT (ERR) (BULK FUEL/DIRECT

DELIVERY AVIATION FUEL).

JUL 2014

See Attachment B - Schedule

The following FAR, DFARS, and DLAD clauses cited are applicable to the acquisition and are incorporated by full text.

FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (SEP 2024)

(a) Definitions. As used in this provision-"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to civil penalties as provided in 31 U.S.C. 1352.

An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

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

(b) The permissible variation shall be limited to:

____10%_____ Percent increase

____10%_____ Percent decrease

This increase or decrease shall apply to ALL LINE ITEMS.*

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

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item more than the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

FAR 52.216-2 ECONOMIC PRICE ADJUSTMENT–STANDARD SUPPLIES (NOV 2021).

(a) The Contractor warrants that the unit price stated in the Schedule for ATTACHMENT B - LINE ITEM NARRATIVES is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item.

The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that-

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

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

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

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

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 350 percent of the original contract unit price.

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

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

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

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

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

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

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

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003)

(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 Covered Entities (Dec 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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_ (1) 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. 4655).

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

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117- 328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C.

2313).

__ (14) [Reserved].

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

__ (16) 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).

__ (17) [Reserved]

_X_ (18) (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.

__ (19) (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.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

_X_ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 2023) of 52.219-9.

_X_ (22) (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.

_X_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

_X_ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

_X_ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

_X_ (27) 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)).

__ (28) 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)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

_X_ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

__(33) [RESERVED].

__ (34) [RESERVED].

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

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (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).

_X_ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 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.)

__ (41) (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_(46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C.

2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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. Subtitle A, Part V, Subpart G 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).

_X_(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 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. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C.

3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act- Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (65) (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. chapter67).

__ (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) ( 29U.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 for Contractor Workers Under Executive Order 14026 (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), 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [RESERVED].

(x) [RESERVED].

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain…