1333MK18QNMAN0001.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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.

DATE . 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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Attachment Page

NOAA Ship FERDINAND R. HASSLER

( S250 )

ELECTRONIC TEST EQUPMENT SOLICITATION NO. xxxx

ITEM NO. 491 CATEGORY "A" April 10, 2018

Automation System Upgrade NOAA

491 - 1

1.0 ABSTRACT: This work item describes the requirement to upgrade the monitoring, alarm, and control system on the NOAA Ship FERDINAND R. HASSLER.

2.0 REFERENCES/ENCLOSURES

2.1 Drawing M286-085-FA02-015 (General Arrangements)

2.2 RAACI Document 2007-20C0000 Rev A (MAMS Description of Operation)

2.3 RAACI Drawing 2007-20R0010 Rev E (Interconnect Cables)

2.4 RAACI Drawing 2007-20R0020 Rev C (Complete List of RAACI Sensors)

2.5 RAACI Drawing 2007-20R0030 Rev F (MAMS IO List)

2.6 RAACI Drawing 2007-20R0040 Rev D (MAMS Network Diagram)

2.7 RAACI Drawing 2007-20S1000 Rev B (SCC)

2.8 RAACI Drawing 2007-20S1500 Rev A (ACS)

2.9 RAACI Drawing 2007-20SS000 Rev H (EOS Console)

2.10 RAACI Drawing 2007-20S6050 Rev E (Port Fwd)

2.11 RAACI Drawing 2007-20S6100 Rev D (Stbd Fwd)

2.12 RAACI Drawing 2007-20S6150 Rev F (Port Aft)

2.13 RAACI Drawing 2007-20S6200 Rev F (Stbd Aft)

2.14 RAACI Document 2007-20T0000 Rev – (Operating Manual)

2.15 RAACI Document NOAA VRS RAACI Rev A

2.16 Test Procedure – Periodic Safety Test Procedure

3.0 ITEM LOCATION/ QUANTITY/DESCRIPTION

3.1 Various

4.0 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICES

4.1 None Additional

5.0 NOTES

5.1 The following work shall be done in conjunction with the automation system modifications required as part of the PSTP validation.

5.2 For bidding purposes, assumed existing automation, control, alarm, and monitoring program is not available for modification.

5.3 For bidding purposes, assume the documented plc program documentation for the existing automation system is not available.

5.4 For bidding purposes, the place of performance will be on the NOAA Ship HASSLER which is located at the USCG Yard in Baltimore, MD (2401 Hawkins Point Road, Baltimore, Maryland

21226).

5.5 The period of performance is estimated to start May 1, 2018 and will end July 21, 2018.

5.6 OPTIONAL SHIP CHECK/ SITE VISIT WILL BE HELD ON THURSDAY APRIL 19 2018

0900 AM - 11:00 AM. EST., AND FRIDAY APRIL 20 2018 12:00 NOON - 2:00 PM EST., at the USCG Yard in Baltimore, MD (2401 Hawkins Point Road, Baltimore, Maryland 21226).

5.6.1 Ship check attendees must be US Citizens for base entry.

5.6.2 Ship check times will be 0900-1400 each day.

PAGE 3 OF 30 1333MK18QNMAN0001

( S250 )

ELECTRONIC TEST EQUPMENT SOLICITATION NO. xxxx

ITEM NO. 491 CATEGORY "A" April 10, 2018

Automation System Upgrade NOAA

491 - 2

5.7 The PLC is a software redundant system and the upgraded system shall remain a software redundant system.

6.0 QUALITY ASSURANCE REQUIREMENTS

6.1 None additional.

7.0 STATEMENT OF WORK

7.1 Replace the existing EOS PC and the two existing Bridge PCs. The PCs shall have the following minimum salient characteristics:

7.1.1 Industrial machine

7.1.2 Minimal moving parts

7.1.3 Panel/rail mounted on vibration mounts

7.1.4 Solid state hard drive

7.1.5 Fan-less

7.1.6 ABS approved

7.1.7 8GB RAM

7.1.8 Four (4) USB 3.0

7.1.9 Two (2) USB 2.0

7.1.10 Gigabit Ethernet

7.1.11 Three (3) RS232

7.1.12 One (1) RS 232/485/422

7.1.13 Two (2) mini PCle

7.1.14 VGA/DVI/LVCS/DisplayPort

7.1.15 6-36 VDC input power

7.1.16 -25 to 70-degree Celsius operating temperature

7.2 Replace the repeater PC in the Chief Engineers Stateroom. The replacement PC shall be a panel-type PC

7.2.1 The PC does not need to be ABS-approved.

7.2.2 The PC Shall be a MPC-2150 or similar.

7.3 Install operating system on the new PCs.

7.3.1 Operating system shall be Microsoft Windows 7 Professional 64 bit or later or Linux.

7.4 Install the latest version of Wonderware software on the new PCs to support the HMI.

7.5 Replace the existing EOS 19” monitor.

7.5.1 The replacement monitor will be of the same size to fit into the existing enclosure.

7.5.2 The replacement monitor shall be a Comark MDU Marine Display, or equal.

7.6 Replace existing EOS full membrane keyboard and track ball mouse.

7.6.1 Replacement keyboard and trackball mouse shall interface with the EOS CP via USB protocol.

7.7 Replacement keyboard and trackball mouse shall be intended for use in industrial areas.

7.8 Update the existing automation, control, alarm, and monitoring program to include the following functionality:

7.8.1 Remove the Bow Thruster System monitoring and alarm functionality from the HMI.

7.8.1.1 The physical bow thruster and related components have been removed.

PAGE 4 OF 30 1333MK18QNMAN0001

( S250 )

ELECTRONIC TEST EQUPMENT SOLICITATION NO. xxxx

ITEM NO. 491 CATEGORY "A" April 10, 2018

Automation System Upgrade NOAA

491 - 3

7.8.2 Remove monitoring of the four draft indicators from the HMI. Disconnect cabling to the terminal blocks and PLCs. For reference, the four indicators are:

7.8.2.1 Port Fwd (PTR460/F7/H8/P3)

7.8.2.2 Port Aft (PTR460/F7/H8/P3)

7.8.2.3 Stbd Fwd (PTR460/F7/H8/P3)

7.8.2.4 Stbd Aft (PTR460/F7/H8/P3)

7.8.3 Remove the “automated” ballast function including controls, alarms, and IO.

7.8.3.1 Disconnect cabling to the terminal blocks and PLCs.

7.8.4 Add the following functionality for the fuel oil boost pumps:

7.8.4.1 Add automated start/stop capability such that if the engines start, the fuel oil boost pump starts. Likewise, when engines are shut down, fuel oil boost pumps shut down. Local start/stop functionality shall be maintained.

7.8.4.2 Add alarm indicating if boost pumps are not on-line and engine is on.

7.8.5 Add ability to modify alarm set points (the majority are currently hard-coded).

7.8.5.1 Alarm set points shall not be modifiable higher than the OEM-recommended values.

7.8.6 Re-enable fuel oil pressure reading for ship service diesel generators. Determine cause of fault state (Currently reads zero).

7.8.6.1 Suspect transducer is inoperable. Evaluate and replace/recalibrate. Correction of any hardware issue is to be addressed with a CFR.

7.8.7 Correct EVAP label (should be “Sewage System”).

7.8.8 Correct “Event History” data display to show most recent data first.

7.8.9 Improve capability of trending feature.

7.8.9.1 Allow user to create trend analysis reports of user-defined instrumentation readings over user-defined time periods

7.9 Improve ability of downloading alarm history for archival purposes. The following functionality is desired and shall be programmed to the extent of the Wonderware functionality:

7.9.1 Save alarm history within a user-defined date range to a thumb drive. This download process shall occur within the HMI and not in Windows.

7.9.2 Add copy/delete functionality.

7.9.3 Automatic backup of data.

7.10 Reorganize HMI screens to include the updates described above. Further, update screens to incorporate the following:

7.10.1 Replace dial indicators with bars (intent is to use space more efficiently)

7.10.2 Locate all fuel tanks on one page

7.10.3 Show port and starboard engines on one screen

7.10.4 Show port and starboard generators on one screen

7.10.5 All oil storage, oily waste, waste oil data on one page

7.10.6 For bidding purposes, allow for three review/modify iterations with crew input.

7.11 Add ability to back up monitoring, alarm, and control PCs to external media. Intent is to restore operating system in the event of a catastrophic failure.

7.12 Install new/updated automation, control, alarm, and monitoring supporting software on the new

EOS and Bridge PCs.

PAGE 5 OF 30 1333MK18QNMAN0001

( S250 )

ELECTRONIC TEST EQUPMENT SOLICITATION NO. xxxx

ITEM NO. 491 CATEGORY "A" April 10, 2018

Automation System Upgrade NOAA

491 - 4

7.13 Conduct functionality test of all systems and alarms ready by the monitoring, control, and alarm system in accordance with Reference 2.16.

8.0 GENERAL REQUIREMENTS

8.1 New software shall be registered to the NOAA Ship HASSLER.

8.2 Cabling removed from MCT blocks as a result of this work shall be replaced with blank filler blocks of the same manufacturer as those removed.

8.3 Compare drawings referenced in Section 2.0 with as-built condition of the monitoring, alarm, and control system. Redline drawings to reflect the as-built condition. Redlines shall include the modifications described above upon implementation.

8.4 Perform an examination of all cable terminations in the system to ensure intended and reliable operability.

8.5 Provide 8 hours of user training upon completion of work item.

8.6 Any cables disconnected shall be dead-headed, unless specified otherwise, and labeled on both ends as “Automation System Spare” with the termination location.

8.7 Evaluate RIO cabinet output voltages to ensure proper voltages.

8.7.1 There is a known issue for the forward-Starboard IO cabinet servicing the potable water tanks.

8.7.2 Correction of any output voltage issues shall be the subject of a CFR.

(End of specification)

PAGE 6 OF 30 1333MK18QNMAN0001

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

** TO BE CONSIDERED FOR THIS AWARD,

VENDORS SHALL PROVIDE THE FOLLOWING

DOCUMENTATIONS BELOW INCLUDING PAGE 01

PAGE 07 AND PAGE 08 OF THIS RFQ.**

1. DUNS#:__________________________.

2. A COPY OF THEIR PROOF OF THEIR LIABILITY

INSURANCE.

3. FILL IN AND RETURN FAR 52.209-11 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law

(FEB 2016) PAGE 09.

4. FILL IN AND RETURN FAR 52.209-2 PROHIBITION

ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS-REPRESENTATION (NOV

2015) PAGE 10.

5. VENDOR SHALL PROVIDE A DETAILED

BREAKDOWN OF THE QUOTE AND INCLUDE START

WORK DATE

AVAILABILITY STATEMENT.

6. PLEASE PROVIDE THE FOLLOWING WITH YOUR

OFFER:

a. ITEMIZED/DETAIL BREAKDOWN OF THE QUOTE

THAT WILL REFLECT THE ENTIRE PRICE UNDER

THIS RFQ.

b. RFQ NUMBER.

c. PLEASE PROVIDE NAME, ADDRESS, TELEPHONE

NUMBER AND DUNS NUMBER.

d. INCLUDE STATEMENT SPECIFYING THE

EXTENT OF AGREEMENT WITH ALL TERMS,

CONDITIONS, AND PROVISION INCLUDED IN THE

RFQ. QUOTES THAT REJECTS THE TERMS AND

CONDITIONS OF THE RFQ MAYBE EXCLUDED

FROM CONSIDERATION.

e. ACKNOWLEDGEMENT OF SOLICITATION

AMENDMENTS (SF-30) IF ANY.

f. FAR 52.209-11 AND REPRESENTATIONS AND

CERTIFICATIONS AT FAR.52.212-

g. PLEASE PROVIDE AT LEAST THREE DETAIL

JOBS WITH REFERENCES PERFORMED WITHIN

THE PAST THREE YEARS THAT ARE THE

SAME OR SIMILAR IN SCOPE SPECIFICALLY IN

"SHIP AUTOMATION SYSTEMS" AND "SIEMENS

SYSTEMS."

h. VENDOR SHALL PROVIDE A POINT OF CONTACT

THAT INCLUDES NAME, TELEPHONE NUMBER,

EMAILS, CONTRACT VALUE AND A DETAIL

DESCRIPTION OF THE WORK PERFORMED.

i. DUE TO THE COMPLEXITY OF WORK REQUIRED;

VENDOR MUST BE FAMILIAR WITH NOAA VESSELS

AND/OR SIMILAR NAVAL/RESEARCH VESSELS

SHIP AUTOMATION, SIEMENS, ABS, AND PERIODIC

SAFETY TEST PROCEEDURES.

**SHIP CHECK IS NOT REQUIRED**

**ALL INTERESTED VENDORS MAY CONDUCT AN

OPTIONAL SHIP CHECK/ SITE VISIT AT THEIR OWN

(VENDOR) EXPENSE.**

**OPTIONAL SHIP CHECK/ SITE VISIT WILL BE HELD

ON THURSDAY APRIL 19 2018 0900 AM - 11:00

AM. EST., AND FRIDAY APRIL 20 2018 12:00 NOON

- 2:00 PM EST., AT THE SHIP LOCATION. (FOR

SHIP LOCATION PLEASE REFER TO PLACE OF

PERFORMANCE BELOW). COORDINATION WITH A

MINIMUM OF 48HRS IN ADVANCE MUST BE MADE

TO THE POC BELOW:****

PAGE 7 OF 30 1333MK18QNMAN0001

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

**THE VESSEL IS LOCATED IN A RESTRICTED BASE

AND BASE ACCESS IS REQUIRED.**

POINT OF CONTACT:

SANDRA WYMAN

202-713-7515

SANDRA.WYMAN@NOAA.GOV

PERIOD OF PERFORMANCE:

01 MAY 2018 - 01 SEPTEMBER 2018

**THE PREFERRED START DATE FOR THIS WORK IS

ON OR BEFORE 02 MAY 2018.**

PLACE OF PERFORMANCE:

NOAA SHIP FERDINAND HASSLER

2401 HAWKINS POINT ROAD,

BALTIMORE, MARYLAND 21226

**AWARD WILL BE MADE BASED ON BEST VALUE

TO THE GOVERNMENT: AVAILABILITY (DATES

FOR SUPPLY/SERVICES), EXPERIENCE/PAST

PERFORMANCE AND PRICE.**

ALL RESPONSIBLE SOURCES MAY SUBMIT A

QUOTATION WHICH SHALL BE CONSIDERED BY

THE AGENCY. QUOTES MUST BE SUBMITTED VIA

ELECTRONIC MEANS (EMAIL) NO LATER THAN

April 26, 2018 AT 5:00 P.M. EASTERN TIME (ET). TO

CHRISTOPHER.BAKER@NOAA.GOV

0001 1.00 JB

ALL QUESTIONS MUST BE SUBMITTED IN WRITING

TO CHRISTOPHER.BAKER@NOAA.GOV BY April 23, 2018 AT 5:00 P.M. ET. TELEPHONE INQUIRIES WILL

NOT BE HONORED.

REPLACE THE EXISTING EOS PC AND TWO

BRIDGE PC FOR THE NOAA SHIP FERDINAND

HASSLER IN ACCORDANCE WITH ATTACHED

STATEMENT OF WORK

PROVIDE HOURLY LABOR RATE FOR ANTICIPATED

GROWTH WORK, IF DEEMED NECESSARY TO

COMPLETE THE UPGRADES.

1.00 HR

0003 PROVIDE MATERIAL MARKUP PERCENTAGE

FEE FOR ANTICIPATED GROWTH MATERIALS,

IF DEEMED NECESSARY TO COMPLETE THE

UPGRADES.

1.00 EA

PAGE 8 OF 30 1333MK18QNMAN0001

Table of Contents

TRAVEL COSTSrevised (4)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.247-34 F.O.B. DESTINATION (NOV 1991)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010)

1352.271-70 INSPECTION AND MANNER OF DOING WORK (APR 2010)

1352.271-79 LIABILITY AND INSURANCE (APR 2010)

1352.271-81 DISCHARGE OF LIENS (APR 2010)

1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010)..11

1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 11

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)... 12

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

ANY FEDERAL LAW (FEB 2016)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

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

ITEMS (JAN 2018)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN

SERVICES--CERTIFICATION (MAY 2014)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

1352.271-71 METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP REPAIR (APR 2010)

1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR) - GROWTH WORK (APR 2010)

1352.271-88 GUARANTEES (APR 2010)

1352.271-90 INSURANCE REQUIREMENTS (APR 2010)

1330-52.237-70CONTRACTOR COMMUNICATIONS

AA17-03 (Access)CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

AA17-03 (Relations)NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017). 28

AA16-05NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

PAGE 9 OF 30 1333MK18QNMAN0001

CLAUSES

TRAVEL COSTSrevised (4)

TRAVEL COSTS

Travel and subsistence expenses incurred, if required, in the direct performance of this contract shall be reimbursed in accordance with the contractor’s established policy, subject to the limitations set forth herein, pursuant to the Federal Acquisition Regulation (FAR) 31.205-46 (or 31.3), establishing the Federal Travel Regulations (FTR) procedures.

Travel shall not be reimbursed in excess of the cost of first class rail or of the lowest customary standard, coach or equivalent airfare offered during normal business hours, except where the contractor certifies as to unavailability of accommodations, or necessity to travel during other than normal business hours based solely on the Government’s requirement for performance.

Subsistence for lodging, meals and incidental expenses shall be reimbursed based on actual costs incurred only to the extent that they do not exceed on a daily basis, the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations.

In the event that the Contractor cannot negotiate a lodging rate at or below the FTR rate, the Contractor shall submit a request for payment of actual lodging costs to the Contracting Officer for approval prior to incurring any charges for lodging.

For any employee, routine daily commuting time (less than 50 miles one-way from their place of employment or residence) to and from the work site is not an allowable charge under this order.

SUBMISSION OF INVOICES: Invoices shall be submitted to the POC, see Block 6f of the Purchase Order for the address.

PAGE 10 OF 30 1333MK18QNMAN0001

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(Reference 52.203-18)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(Reference 52.204-7)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

(Reference 52.204-13)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-1)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

(Reference 52.212-3) javascript:callMainFrameSubmit('Save')

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO DEPARTMENTAL RESOURCES (APR 2010) (Reference 1352.237-73)

1352.271-70 INSPECTION AND MANNER OF DOING WORK (APR 2010)

(Reference 1352.271-70)

1352.271-79 LIABILITY AND INSURANCE (APR 2010)

(Reference 1352.271-79)

1352.271-81 DISCHARGE OF LIENS (APR 2010)

(Reference 1352.271-81)

1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010) (Reference 1352.271-82)

1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010)

(Reference 1352.271-83)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- "Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

PAGE 11 OF 30 1333MK18QNMAN0001

"Subcontract" means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

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

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

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

UNDER ANY FEDERAL LAW (FEB 2016)

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

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

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

(b) The Offeror represents that--

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

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

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52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: AWARD

WILL BE MADE BASED ON BEST VALUE

TO THE GOVERNMENT: AVAILABILITY (DATES

FOR SUPPLY/SERVICES), EXPERIENCE/PAST

PERFORMANCE AND PRICE.**

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign itsrights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price andextended price of the items delivered;

(v) Shipping number and date of shipment, including the billof lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items acceptedby the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.

The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

PAGE 15 OF 30 1333MK18QNMAN0001

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

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(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the Suspension of payment paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v)Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

ITEMS (JAN 2018)

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

(1) 52.203-19, 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 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 items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (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).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

(10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

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

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

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

(13) [Reserved] (14) XX (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

(15)

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

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (Nov 2016) of 52.219-9.

(v)…