INSTALLATION OF EQUIPMENT

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 See Schedule 1. REQUISITION NUMBER 2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER SPE601-22-R-0308 5. SOLICITATION NUMBER 2022 JUL 12 6. SOLICITATION ISSUE DATE Kelley Mauldin PAA7156 a. NAME Phone: 210-383-8874 b. TELEPHONE NUMBER (No Collect calls) 2022 AUG 11 8. OFFER DUE DATE/ LOCAL TIME 9. ISSUED BY CODE SPE601 DLA ENERGY AEROSPACE ENRGY-DLAE-M BLDG 1621 1014 BILLY MITCHELL BLVD SAN ANTONIO TX 78226 USA 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR: SMALL BUSINESS HUBZONE SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM 8 (A) SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS 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) DO- 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 1 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 PAGE 1 OF 33 32a. QUANTITY IN COLUMN 21 HAS BEEN ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED COMPLETE PARTIAL FINAL STANDARD FORM 1449 (REV. 2/2012) BACK 36. PAYMENT PARTIAL FINAL 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT 19. ITEM NO. 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 37. CHECK NUMBER 38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 42b. RECEIVED AT (Location) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 3 OF 33 PAGES SPE601-22-R-0308 NOTICE TO OFFERORS: 1. The Defense Logistics Agency Energy (DLA Energy), as the Department of Defense (DOD) Integrated Material Manager (IMM) for Aerospace Energy products and related services has a 32-month requirement for delivery of Aviator’s Breathing Oxygen (ABO), Type II (NSN: 6830-01-644-2463) and Bulk Gaseous Argon, Grade B (NSN: 9135-01-650-4745) to the Marine Corps Air Station (MCAS) at Cherry Point, NC into Government-owned and/or Contractor-provided tanks. Products: Aviator’s Breathing Oxygen (NSN 6830-01-644-2463), Type II, shall meet the requirements of the most current version of MIL-PRF-27210. Gaseous Argon, Bulk (NSN 9135-01-650-4745), Grade B shall meet the requirements of the most current version of MIL- PRF-27415. 2. The requirement is for an estimated quantity of 48,000 UG6 for ABO and 640,000 MC for Bulk Gaseous Argon. The following associated service CLINS will be included for: Tank Usage, Installation of Equipment, Removal of Equipment, Expedited/Emergency Delivery, and Detention Fee. The contractor shall provide all product, materials, supplies, management, tools, equipment, transportation, and labor necessary for the delivery of the requested products F.O.B. Destination to MCAS Cherry Point, NC. Period of performance is 01 November 2022 to 30 June 2025. 3. The Government intends to award a Firm-Fixed Price Requirements type contract using Federal Acquisition Regulation (FAR) Part 12, Commercial Acquisition procedures. Award will be made to the offer determined the Best Value to the Government, price and other factors considered, using the Lowest Price Technically Acceptable Source Selection Process in accordance with FAR 15.101-2. The offeror is encouraged to submit their best and final offer, the Government reserves the right to award without discussions or negotiations. 4. The clauses and provisions shown throughout this solicitation and any resultant contract(s) that have only clause/ provision number, title, and date, and as such, are not shown in full text, are hereby considered to be incorporated by reference in accordance with FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE or FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE, as applicable. 5. THE OFFEROR MUST COMPLY WITH THE REQUIREMENTS LISTED IN THE INSTRUCTION L0003 L2.35 PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012). ALL OFFERS WILL BE EVALUATED IN ACCORDANCE WITH INSTRUCTION M0001 M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009). 6. Offerors are advised of the possibility that their proposals may be found unacceptable if exceptions are taken to the solicitation requirements. Clarification of Government requirements should be requested by the Offeror by submitting questions and/or recommended changes no later than 10 calendar days after issuance of the solicitation. All exceptions to the solicitation requirements (including the SOO) and supporting rationale shall be identified as such and consolidated into an overview section of that exception. An overview section is only required if the Offeror takes exception to any requirement in the solicitation. The overview section will not be included in the page count. Exception(s) to solicitation requirements may require the Government to amend the solicitation to reflect requirement change(s). If the Offeror takes no exception to the stated requirements, a statement to this effect shall be included in the respective section. 7. The Contracting Officer may request that the DLA Energy Region Quality Assurance Representative (QAR) perform a Pre-award Survey (PAS) in accordance with FAR Part 9.106-1. If requested, the offeror and its employees, including those at the fill point and/or production facility, shall be required to participate full in the PAS process. The DLA Energy Contracting Officer will discuss any recommendation(s) by the QAR, for a PAS that results on an “other than Full Award,” recommendation with the offeror during negotiations. This will allow the offeror an opportunity to respond or otherwise provide information in its Final Proposal Revision as to how the offeror intends to correct the issue(s) and/or QAR concern(s) that led to an “other than Full Award,” recommendation. 8. QUESTION AND ANSWER (Q&A) PERIOD: To encourage maximum participation on ALL line items of the SF 1449, a Q&A period has been established from issue date of Solicitation SPE601-22-R-0308 to 27 July 2022 by 3:00 PM Central Daylight Time (CDT). All potential offerors are advised to ask any and as many questions as necessary to gain a clear understanding of the requirements for submission of their proposal. No further questions will be accepted after the closing date/ time. All questions should be emailed to kelley.mauldin@dla.mil and willard.ramseur@dla.mil. Answers to questions received by the closing date will be consolidated and provided via an official amendment to the solicitation and posted in https://sam.gov/, if applicable. Extensions of the closing date to an open solicitation are at the sole discretion of the Contracting Officer and will be issued via an amendment, if applicable. 9. TAXES AND FEE INFORMATION: Offerors shall not include in their offer prices, including in the prices of a subcontractor, any taxes from which the United States Government is exempt. 10. ALL OFFERS MUST BE RECEIVED NLT 11 August 2022 by 3:00 PM Central Daylight Time (CDT). All responsible sources may submit a proposal which will be considered by the agency. All potential offerors are advised to check https:// sam.gov frequently for any solicitation amendments (updates) and are reminded that they shall acknowledge in their prospective submitted proposals by completing the solicitation (SF1449 blocks 30a-30c) and amendment(s) (SF30 blocks 15a-15c), and submit to DLA Energy by email to kelley.mauldin@dla.mil and willard.ramseur@dla.mil, prior to the solicitation closing date/time. Only emailed requests for the solicitation received directly from the requestor are acceptable. Any offer received after the closing date/time will be considered “Late” and will be handled in accordance with FAR 52.212-1(f). 11. AWARD WITHOUT DISCUSSIONS: Offerors are directed to paragraph(g) of FAR 52.212-1, INSTRUCTIONS TO OFFERORS. While the Government intends to evaluate proposals in accordance with M0001 M2.14 EVALUATION – COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009), Lowest Price Technically Acceptable Source Selection Process and award a contract (s) without discussion, it reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, those participating are advised to submit their best prices with their initial offer. If the CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 4 OF 33 PAGES SPE601-22-R-0308 Contracting Officer determines that discussions are necessary, the Government will then evaluate proposals and award a contract after conducting discussions with Offerors whose proposal have been determined to be within the competitive range. 12. PLACING ORDERS: In accordance with F0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014). The Contractor shall use DIBBS to receive orders. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil/. The login account will allow a contractor to register a primary and alternate email address for notifications. All contractors must have an active System for Award Management (SAM) account in https:// sam.gov/ to register for DIBBS. 13. POINTS OF CONTACT: For any clarification, explanation, or additional information about this solicitation, please contact via email: Kelley Mauldin, Contract Specialist at kelley.mauldin@dla.mil and Willard Ramseur, Contract Officer at willard.ramseur@dla.mil. 14. For questions regarding Small Business or Small Disadvantage Business, affairs should be addressed to the DLA Energy Small Business Office via email at dla.energy.osbp@dla.mil or phone at 1-800-526-2601. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 5 OF 33 PAGES SPE601-22-R-0308 Quality Technical Provisions OXYGEN,AVIATOR'S BR,ABO,9.1B 6830-016442463 PR #: 0093283356,0093283767 IAW BASIC SPEC NR MIL-PRF-27210J REVISION NR 1 DTD 08/07/2013 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E22 REVISION NR C DTD 08/07/2020 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E35 REVISION NR A DTD 12/01/2011 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-C1.02 REVISION NR C DTD 12/01/2016 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E1.15 REVISION NR A DTD 09/01/2013 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E33.10 REVISION NR A DTD 07/01/2008 PART PIECE NUMBER: IAW REFERENCE QAP 52838 ENERGY-QAP-E6 REVISION NR A DTD 08/01/2015 PART PIECE NUMBER: OXYGEN,AVIATOR'S BREATHING Quality Technical Provisions PROPELLANT PRESSURIZING AGENT,ARGON GR B,LAB,9.1B 9135-016504745 PR #: 0093283356,0093283767 PROPELLANT PRESSURIZING AGENT,ARGON Hazard Communication Standard Notice: Effective June 1, 2015, Federal Standard No. 313-E, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities, establishes the requirement for preparation and submission of Safety Data Sheets (SDS) in lieu of Material Safety Data Sheets (MSDS) by suppliers who provide hazardous materials to government activities. The Occupational Safety and Health Administration (OSHA) has modified its Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals. As a result of this change, GSA revised Federal Standard No. 313-E requiring Safety Data Sheets for classifying chemicals and communicating the applicable information on labels. In accordance with the revised standard after June 1, 2015: 1. Suppliers will be required to submit, to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government. 2. Suppliers will also be required to submit, to the contracting officer for review and approval prior to award, hazardous warning labels in accordance with 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government. 3. Finally, suppliers must train their employees on the new safety data sheets, hazardous warning labels, and requirements of 29 C.F.R. Quality Technical Provisions Tank Usage Fee,V200,SERV 6830-SE0000171 PR #: 0093283356,0093283767 Quality Technical Provisions Installation of Equipment,V200,SERV 6830-SE0000174 PR #: 0093283356,0093283767 Quality Technical Provisions CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 6 OF 33 PAGES SPE601-22-R-0308 Removal of Equipment,V200,SERV 6830-SE0000175 PR #: 0093283356,0093283767 Quality Technical Provisions Expedited/Emergency Delivery,V200,SERV 6830-SE0000176 PR #: 0093283356,0093283767 Quality Technical Provisions Detention Fee,V200,SERV 6830-SE0000178 PR #: 0093283356,0093283767 PR #: 0093283356,0093283767 Item: 0001 Quantity: 48,000.000UoM: UG6 Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-016442463 (ABO) CDSMCASCPT - MCAS CHERRY POINT NC OXYGEN,AVIATOR'S BR Delivery Address: Bldg 4454 Cryogenics Cherry Point NC Service Code Delivery DODAAC Ordering Office DODAAC USMC V09114 V09114 Name Phone JONATHAN FRECHETTE 252-466-4222 Mode Receipt % Max Parcel Min Parcel FOB Restriction TANK TRUCK W No. of Tanks Capacity Type Tank Location 1 1400 ABOVE GROUND TANK(S) BLDG 4454 VENDER PROVIDED TANK 6 400 MOBILE TANK BLDG 4454 GOVT. OWNED MOBILE TANKS DeliveryHours: MONDAY-FRIDAY 0700-1500 Estimated Qty: 48,000 UG6 in PR 93283356 Year 1: 11/1/2022 – 06/30/2023 Estimated Qty 12,000 UG6 Unit Price $ ______________ Extended Total $ ____________ Year 2: 07/01/2023 – 06/30/2024 Estimated Qty 18,000 UG6 Unit Price $ ______________ Extended Total $ ____________ Year 3: 07/01/2024 – 06/30/2025 Estimated Qty 18,000 UG6 Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0002 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000171 (V200) CDSMCASCPT - MCAS CHERRY POINT NC Tank Usage Fee Delivery Address: MALS 14 BLDG 1016 MCAS CHERRY POINT NC 28533-6010 Service Code Delivery DODAAC Ordering Office DODAAC USMC V09114 Name Phone JONATHAN FRECHETTE 252-466-4222 Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS Delivery Hours: SERVICE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 7 OF 33 PAGES SPE601-22-R-0308 Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0003 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000174 (V200) CDSMCASCPT - MCAS CHERRY POINT NC Installation of Equipment Delivery Address: MALS 14 BLDG 1016 MCAS CHERRY POINT NC 28533-6010 Service Code Delivery DODAAC Ordering Office DODAAC USMC V09114 Name Phone JONATHAN FRECHETTE 252-466-4222 Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS Delivery Hours: SERVICE Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0004 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000175 (V200) CDSMCASCPT - MCAS CHERRY POINT NC Removal of Equipment Delivery Address: MALS 14 BLDG 1016 MCAS CHERRY POINT NC 28533-6010 Service Code Delivery DODAAC Ordering Office DODAAC USMC V09114 Name Phone JONATHAN FRECHETTE 252-466-4222 Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS Delivery Hours: SERVICE Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0005 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000176 (V200) CDSMCASCPT - MCAS CHERRY POINT NC Expedited/Emergency Delivery Delivery Address: MALS 14 BLDG 1016 MCAS CHERRY POINT NC 28533-6010 Service Code Delivery DODAAC Ordering Office DODAAC USMC V09114 Name Phone JONATHAN FRECHETTE 252-466-4222 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 8 OF 33 PAGES SPE601-22-R-0308 Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS Delivery Hours: SERVICE Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0006 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000178 (V200) CDSMCASCPT - MCAS CHERRY POINT NC Detention Fee Delivery Address: MALS 14 BLDG 1016 MCAS CHERRY POINT NC 28533-6010 Service Code Delivery DODAAC Ordering Office DODAAC USMC V09114 Name Phone JONATHAN FRECHETTE 252-466-4222 Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS DeliveryHours: SERVICE Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0007 Quantity: 640,000.000UoM: MC Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 9135-016504745 (LAB) CDSMCASCPA - MCAS CHERRY POINT NC PROPELLANT PRESSURIZING AGENT,ARGON GR B Delivery Address: Bldg 4977 Water Treatment Plant Cherry Point NC Service Code Delivery DODAAC Ordering Office DODAAC USMC M30146 M30146 Name Phone STEPHEN REAVIS/S. LEARY 252-466-6850 OR Mode Receipt % Max Parcel Min Parcel FOB Restriction TANK TRUCK W No. of Tanks Capacity Type Tank Location 1 1500 MOBILE TANK BLDG 4977 VENDER PROVIDED TANK Delivery Hours: MONDAY-FRIDAY (0700-1600) Estimated Qty: 640,000 MC in PR 93283767 Year 1: 11/1/2022 – 06/30/2023 Estimated Qty 160,000 MC Unit Price $ ______________ Extended Total $ ____________ Year 2: 07/01/2023 – 06/30/2024 Estimated Qty 240,000 MC Unit Price $ ______________ Extended Total $ ____________ Year 3: 07/01/2024 – 06/30/2025 Estimated Qty 240,000 MC Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 9 OF 33 PAGES SPE601-22-R-0308 Item: 0008 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000171 (V200) CDSMCASCPA - MCAS CHERRY POINT NC Tank Usage Fee Delivery Address: Bldg 1023 Roosevelt Blvd CHERRY POINT NC 28533 Service Code Delivery DODAAC Ordering Office DODAAC USMC M30146 Name Phone STEPHEN REAVIS/S. LEARY 252-466-6850 OR Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS Delivery Hours: SERVICE Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0009 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000174 (V200) CDSMCASCPA - MCAS CHERRY POINT NC Installation of Equipment Delivery Address: Bldg 1023 Roosevelt Blvd CHERRY POINT NC 28533 Service Code Delivery DODAAC Ordering Office DODAAC USMC M30146 Name Phone STEPHEN REAVIS/S. LEARY 252-466-6850 OR Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS Delivery Hours: SERVICE Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0010 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000175 (V200) CDSMCASCPA - MCAS CHERRY POINT NC Removal of Equipment Delivery Address: Bldg 1023 Roosevelt Blvd CHERRY POINT NC 28533 Service Code Delivery DODAAC Ordering Office DODAAC USMC M30146 Name Phone STEPHEN REAVIS/S. LEARY 252-466-6850 OR Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS Delivery Hours: SERVICE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 10 OF 33 PAGES SPE601-22-R-0308 Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0011 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000176 (V200) CDSMCASCPA - MCAS CHERRY POINT NC Expedited/Emergency Delivery Delivery Address: Bldg 1023 Roosevelt Blvd CHERRY POINT NC 28533 Service Code Delivery DODAAC Ordering Office DODAAC USMC M30146 Name Phone STEPHEN REAVIS/S. LEARY 252-466-6850 OR Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS Delivery Hours: SERVICE Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ ---------------------------------------------------------------------------------------------------- Item: 0012 Quantity: 3.000UoM: EA Period of Performance: 11/01/2022-06/30/2025 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000 NSN Delivery Identification State 6830-SE0000178 (V200) CDSMCASCPA - MCAS CHERRY POINT NC Detention Fee Delivery Address: Bldg 1023 Roosevelt Blvd CHERRY POINT NC 28533 Service Code Delivery DODAAC Ordering Office DODAAC USMC M30146 Name Phone STEPHEN REAVIS/S. LEARY252-466-6850 OR Mode Receipt % Max Parcel Min Parcel FOB Restriction SERVICE MATERIALS DeliveryHours: SERVICE Estimated Qty 3 EA Unit Price $ ______________ Extended Total $ ____________ CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Form TECHNICAL REQUIREMENTS THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW- ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. Part 12 Clauses 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) FAR (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] X 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S. C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) [Reserved] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note). (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). (10) [Reserved] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (SEP 2021) (15 U.S.C. 657a). (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) (13) [Reserved] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (ii) Alternate I (MAR 2020) of 52.219-6. (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). (ii) Alternate I (MAR 2020) of 52.219-7. (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)). (ii) Alternate I (NOV 2016) of 52.219-9. (iii) Alternate II (NOV 2016) of 52.219-9. (iv) Alternate III (JUN 2020) of 52.219-9. (v) Alternate IV (SEP 2021) of 52.219-9. (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). (ii) Alternate I (MAR 2020) of 52.219-13. (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s . (20) 52.219-16, Liquidated Damages --Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f). X (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)). (ii) Alternate I (MAR 2020) of 52.219-28. (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)). (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). X (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126). X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). (ii) Alternate I (Feb 1999) of 52.222-26. X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ii) Alternate I (July 2014) of 52.222-35. X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (ii) Alternate I (July 2014) of 52.222-36. X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ((36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A) (ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (OCT 2015) of 52.223-13. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (ii) Alternate I (JAN 2017) of 52.224-3. (48) 52.225-1, Buy American - Supplies (NOV 2021)) (41 U.S.C. chapter 83). (49)(i) 52.225-3, Buy American - Free Trade Agreements - Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U. S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (ii) Alternate I (JAN 2021) of 52.225-3. (iii) Alternate II (JAN 2021) of 52.225-3. (iv) Alternate III (JAN 2021) of 52.225-3. (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150). (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021). (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S. C. 2307(f)). (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307 (f)). X (58) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (OCT 2018) (31 U.S.C. 3332). (59) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (JUL 2013) (31 U.S.C. 3332). (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). (ii) Alternate I (Apr 2003) of 52.247-64. (iii) Alternate II (NOV 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S. C. chapter 67). (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (MAY 2014) (41 U.S.C. chapter 67). (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (MAY CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) 2014) (41 U.S.C. chapter 67). (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022). (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. ((2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause - (i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of 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)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91). ((iv) 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). (v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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.. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter 67). (xiii) (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). (xiv) 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). (xv) 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). (xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022) (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 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 52.204-13 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 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016) DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS 52.211-16 VARIATION IN QUANTITY (APR 1984) FAR (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 [Contracting Officer insert percentage] 10 Percent decrease [Contracting Officer insert percentage] This increase or decrease shall apply to CLINS 0001 & 0007.* (End of clause) 52.216-18 ORDERING (AUG 2020) FAR (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Award Date through Contract Expiration Date [insert dates]. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) (End of clause) 52.216-19 ORDER LIMITATIONS (OCT 1995) FAR As prescribed in 16.506(b), insert a clause substantially the same as follows: (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of 100 [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of 500 [insert dollar figure or quantity]; or (3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum- order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-21 REQUIREMENTS (OCT 1995) FAR As prescribed in 16.506(c), insert the following clause: (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 days after contract expiration . (End of Clause) 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS (a) Definitions. As used in this clause -- “Component” means any item supplied to the Government as part of an end product or of another component. “End product” means supplies delivered under a line item of this contract. "Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2016_5.html https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html file:////content/16506-solicitation-provisions-and-contract-clauses CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) Australia Austria Belgium Canada Czech Republic Denmark Egypt Estonia Finland France Germany Greece Israel Italy Japan Latvia Lithuania Luxembourg Netherlands Norway Poland Portugal Slovenia Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland. “Structural component of a tent” -- (1) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs); and (2) Does not include equipment such as heating, cooling, or lighting. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. (b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: (1) Food. (2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear. footwear, hosiery, handwear, belts, badges, and insignia. (3)(i) Tents and structural components of tents; (ii) Tarpaulins; or (iii) Covers. (4) Cotton and other natural fiber products. (5) Woven silk or woven silk blends. (6) Spun silk yarn for cartridge cloth. (7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) (8) Canvas products. (9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b). (c) This clause does not apply -- (1) To items listed in section 25.104(a) of the Federal Acquisition Regulation, or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices; (2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool -- (i) Is not more than 10 percent of the total price of the end product; and (ii) Does not exceed the threshold at Defense Federal Acquisition Regulation Supplement 225.7002-2(a); (3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; (4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph (d) of this clause; (5) To chemical warfare protective clothing produced in a qualifying country; or (6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if -- (i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include 3⁄4 (A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances); (B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia; (C) Upholstered seats (whether for household, office, or other use); and (D) Parachutes (Federal Supply Class 1670); or (ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country. (d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract -- (i) Shall be taken from the sea by U.S.-flag vessels; or (ii) If not taken from the sea, shall be obtained from fishing within the United States; and (2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States. (End of clause) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) FAR 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS (a) Definitions. As used in this clause- “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/ https://www.acq.osd.mil/dpap/dars/dfars/html/current/225_70.htm https://www.acquisition.gov/ https://wawf.eb.mil/ CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). COMBO for Product, 2-IN-1 for Service (Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”) (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SPE601 Admin DoDAAC SPE601 Inspect By DoDAAC PROVIDED AT AWARD Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”) (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system. mailto:AE_PropellantGases@dla.mil (Contracting Officer: Insert applicable email addresses or “Not applicable.”) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. mailto:AE_PropellantGases@dla.mil (Contracting Officer: Insert applicable information or “Not applicable.”) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Clauses (CONTINUED) 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2021) DFARS 252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (AUG 2016) DFARS 252.246-7008 SOURCES OF ELECTRONIC PARTS (MAY 2018) DFARS 52.247-34 F.O.B. DESTINATION (NOV 1991) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR 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): FAR: https://www.acquisition.gov/?q=browsefar DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx (End of clause) 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021) DFARS Attachments List of Attachments Description File Name ATTACH_1_Aerospace_Te xt SPE60122R0308-A1- Aerospace Text.pdf ATTACH_2_Contractor_Pe rformance_Sheet SPE60122R0308-A2- Contractor Perf Data Sheet.pdf ATTACH_3_QAPs SPE60122R0308-A3- QAPs.pdf ATTACH_4_Statement_of_ Objectives SPE60122R0308-A4-SOO. pdf ATTACH_5_Transport_Eq uipment_Delay_Certificate SPE60122R0308-A5- Transport Equip Delay Cert.pdf ATTACH_6_ABO_MIL_SP EC SPE60122R0308-A6-ABO MIL-SPEC.pdf ATTACH_7_Bulk_Gaseous _Argon_MIL_SPEC SPE60122R0308-A7-Bulk Gaseous Argon MIL-SPEC. pdf Part 12 Provisions 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (NOV 2021) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) FAR The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. (a) Definitions. As used in this provision -- https://www.acquisition.gov/?q=browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 21 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Provisions (CONTINUED) Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Forced or indentured child labor means all work or service -- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil- related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology -- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 22 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Provisions (CONTINUED) prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). Service-disabled veteran-owned small business concern -- (1) Means a small business concern -- (i) Not less than 51 percent of which is owned by one or more service --disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U. S.C. 101(16). Small business concern -- (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation. (2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. Subsidiary means an entity in which more than 50 percent of the entity is owned -- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. Veteran-owned small business concern means a small business concern -- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. Women-owned small business concern means a small business concern -- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM. (2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 23 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Provisions (CONTINUED) offer by reference (see FAR 4.1201), except for paragraphs [Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that -- (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that -- (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that -- (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 24 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Provisions (CONTINUED) (1) Previous contracts and compliance. The offeror represents that -- (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror 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 his or her behalf in connection with the award of any resultant contract. 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. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American --Supplies.” (2) Foreign End Products: Line Item No. Country of Origin [List as necessary] ((3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American --Free Trade Agreements --Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act” Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 25 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Provisions (CONTINUED) end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products Line Item No. Country of Origin [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: Canadian End Products Line Item No. [List as necessary] (3) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin [List as necessary] (g)(4) Buy American --Free Trade Agreements --Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements”. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No Country of Origin CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 26 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Provisions (CONTINUED) [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals -- (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property, (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) Have, [ ] have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I. R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed End Product Listed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 27 OF 33 PAGES CONTINUED ON NEXT PAGE SPE601-22-R-0308 Part 12 Provisions (CONTINUED) (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly -- (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that -- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ] does [ ] does not certify that -- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4 (d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies -- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k) (2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to SAM to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: . [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offero