140G0326R0003_Provisions__Eval__Instructions_and_Clauses.pdf

140G0326R0003 Provisions and Clauses, Page 1 of 37

COMMERCIAL PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. The full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/far/ and at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

The following provisions are incorporated by reference, with fill-ins noted as appropriate:

52.203-11 – Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2024) 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 (NOV 2024)(Deviation APR 2026) 52.209- 7 – Information Regarding Responsibility Matters (Oct 2018)(Deviation APR 2026) 52.209-12 – Certification Regarding Tax Matters (OCT 2025) 52.212- 1 – Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)(Deviation APR 2026) 52.216-27 – Single or Multiple Award (Oct 1995) 52.219- 1 – Small Business Program Representations (FEB 2024)(Deviation JAN 2026, Updated

FEB 2026)

52.222-41 – Service Contract Labor Standards (AUG 2018)(Deviation APR 2026)

Solicitation Provisions – Full Text

52.216-1 – Type of Contract (Apr 1984)(Deviation Mar 2026) The Government contemplates award of an Indefinite-Delivery, Indefinite-Quantity contract resulting from this solicitation.

52.233-2 – Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Sasha Klingler, Branch Chief Department of the Interior, Geological Survey Acquisition Team 3020 State University Drive East, Suite 2002 Sacramento, CA 95819 Email: sasha_klingler@ios.doi.gov Ph: (916)278-9333

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW., Room 6511, Washington, DC 20240.

52.212-2 – Evaluation-Commercial Product and Commercial Services (Nov 2021/Deviation Apr 2026)

(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. Evaluation factors and subfactors are described in the provision, “GS2320 – Evaluation Factors”, which follows.

(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)

GS2150 – Proposal Format and Submission Instructions (General)

Note: There are three format and instruction sections. This provision GS2150 is the “general instructions”. Provision GS2150-1 is the specific Step 1 instructions, while GS2150-2 is the specific Step 2 instructions. The GS2150-2 instructions will be added by solicitation amendment following the Step 1 evaluations and advisory notices.

(a) Proposals will be submitted electronically, via email. Proposals not conforming to the electronic file (eFile) formats specified below will be unacceptable and will not be considered. Proposals shall be transmitted via email on or before the closing date to the Contracting Officer, Charlan Fejarang, at charlan_fejarang@ios.doi.gov.

(b) Offerors are encouraged to transmit as early as possible on or before the closing date and time so that the contracting officer can verify successful transmission and receipt of the eFiles by the closing date and time. Email submissions not received on or before the closing date/ time will be considered late. Date and time determinations will be based on the system email date/time of the Contracting Officer’s email account.

(c) Contact information is provided here for information of the offerors. Submissions will not be accepted at the office in hardcopy.

Charlan Fejarang Department of the Interior Geological Survey Acquisition Team (GSAT) Email: charlan_fejarang@ios.doi.gov Phone: (916) 278-9329

(d) Proposals must conform to the page limitations listed. Fonts shall be Times New Roman and no smaller than 11 point for narrative sections of the proposal, in both native and PDF-converted final

140G0326R0003 Provisions and Clauses, Page 3 of 37 format. All eFile submittals shall be converted to PDF format prior to submission to avoid inadvertent file modification by the government when viewing open files such as word, rtf, etc.

(e) Offerors are cautioned to ensure that no pricing information is embedded or included in the non-price sections of their submission. Such information will be redacted prior to providing the proposal to the technical evaluation team. Such redactions could adversely affect the readability and cohesiveness of the applicable eFile involved, to the detriment of the offeror.

GS2150-1 Proposal Format and Submission Instructions (Step 1) (Modified)

(a) Phased Evaluation Process.

(1) The USGS intends to use a phased evaluation process for this acquisition. The RFP will require sequential submittals, beginning with a Step 1 response. This approach is designed to enhance efficiency and minimize the time and cost burden for both the Government and interested firms. In Step 1, offerors will provide information that should already exist and therefore be relatively simple and quick to prepare, with a submission period of approximately five days. The Government will then conduct an expedited evaluation of the Step 1 materials. Based on this evaluation, offerors will be categorized as either among the most highly rated or not among the most highly rated.

(2) As a result, offerors will receive one of two advisory notices:

(i) The offeror is among the most highly rated (based on the information submitted and our evaluation), and is invited to participate in the RFP’s subsequent step(s); or,

(ii) The offeror is not among the most highly rated (based on information submitted and our evaluation) and is seen as unlikely to be a viable competitor. An offeror in this tier will also be advised of the general basis for our opinion. These offerors will further be advised that notwithstanding our opinion, they may continue to participate in the subsequent step(s) of the RFP should they choose to do so.

(3) The Step 1 advisory process is intended to provide useful information to offerors for consideration in making an informed decision whether to continue, or not, with the substantial proposal effort that will be required under the remaining solicitation response step(s).

(4) After the advisory notices are issued, the solicitation will be amended to establish the closing date and time, along with additional/updated instructions for the remaining (Step 2) RFP response requirements.

(b) Step 1 – General Instruction.

As this acquisition is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), we anticipate that proposals may be submitted by SDVOSB offerors serving as the lead entity within a team arrangement, given the size, scope, and complexity of the requirement. Our interest is in prior experience performing and managing contracts of comparable size, scope, and complexity.

For Step 1, the evaluation will focus on the SDVOSB offeror’s experience and capabilities as the managing entity responsible for contract performance. For clarity, we refer to the SDVOSB lead entity as the “prime contractor.” For teams proposing under a traditional prime/subcontractor arrangement, the terms “prime” and “subcontractor” retain their standard meanings. For teams proposing under a SDVOSB Joint Venture (JV), the SDVOSB managing partner of the JV will be considered the “prime contractor,” with all other JV members treated as subcontractors. In such JVs, the SDVOSB managing partner must be

140G0326R0003 Provisions and Clauses, Page 4 of 37 the qualifying SDVOSB firm, must hold primary management and performance responsibility, and typically must receive the predominant share of contract revenue in accordance with the limitation on subcontracting requirements.

(c) Step 1 – Submission Instructions.

The following information is required for Step 1 submittal:

(1) - Prime Contractor Experience – Two Case Reports

(i) Submit the ATTACHMENT-EXP data sheet and narrative information as indicated on that form. Most instructions are self-explanatory. (See ATTACHMENT-EXP). Submit information on the two most relevant prior experience contract examples. We are calling each contract example a “case report” for ease of writing and reading these instructions. Fill in the Attachment and combine/organize materials from case studies into two single documents. Each document will include the ATTACHMENT- EXP as the front material, followed by supporting materials as described on the EXP form.

(ii) The case reports for Step 1 are two (2) only, from the Prime contractor’s portfolio of similar, recent, relevant projects. While you may have more than two, pick the two you feel are the most relevant, and would persuade us of your expertise and ability to perform, manage, and lead a nationwide team to support the scope, size, breadth, and complexity of our requirement. Additional case reports may be requested under Step 2 to provide additional prime experience and/or other team member experience within the limitations stated at that time.

(ii) The two case report attachments and supporting materials will provide basic information to support our Step 1 evaluations. It is recognized that there is a degree of “self-scoring” in the nature of the information you are summarizing and reporting to us in these submittals. We do intend to cross-check and verify the information presented at some level, based upon our interviews and discussions with your cited customer POCs, and review of the applicable contract documents involved.

(In subsequent submittals and evaluations after Step 1, these same contract examples will be the subject of Past Performance evaluations and deeper relevance testing as necessary).

(2) – In addition to the two case report packages, please submit a Prime Contractor’s Introduction of Team and Qualification Summary as follows:

i.) (3 pages max) Provide a brief overview of your firm (prime contractor). Existing line card type document is acceptable. In addition, if not already indicated on your line card, please highlight industry credentials held by the Prime contractor.

ii.) (4 pages max) Provide a brief summary of the other firms on your team, and the team structure you will be using (e.g., prime/sub team). For prime/sub teams, please introduce all significant subcontractors involved, and the currently anticipated role(s) to be performed or supported on your team.

For purposes of this solicitation, “significant” is a subcontractor expected to participate at 10% or more of the total contract amount. Provide SAM UEI numbers for all members of your team. You may not change team members after this Step, as this information will be carried over into the Step 2 evaluations.

iii.) Provide copies of team agreement(s) or other evidence of commitment from team members as applicable.

NOTE: Detailed RFP Step 2 proposal instructions will be released after, or in conjunction with the advisory notices. The solicitation will be amended with instructions and revised closing date(s) for the remaining submissions. Evaluation criteria will not change. We expect a 20-25 day proposal cycle for

140G0326R0003 Provisions and Clauses, Page 5 of 37 the Step 2 submittal. The “clock” for these submittals will start upon issuance of the Solicitation Amendment announcing Step 2.

GS2150-2

Proposal Format and Submission Instructions (Step 2)

(Modified)

(TBA with solicitation amendment for Step 2)

GS2320 Evaluation Factors Aug 2001

(a) Introduction: A phased evaluation process consisting of a streamlined Step 1 RFP submission will be utilized, followed by an advisory notification, and then a more comprehensive Step 2 RFP submission.

Participation in Step 1 is mandatory. Offerors who do not submit a Step 1 response will not be considered for further participation under this solicitation, and Step 2 submissions will not be accepted from any offeror that did not complete Step 1. Step 1 evaluation results will be carried forward and be incorporated into the Step 2 evaluation. Step 1 submissions must also include information on the offeror’s proposed team and team structure.

Offeror’s are not permitted to change team structure or team members after Step 1 as the information and evaluations carryover to Step 2.

(b) Evaluation: A contract resulting from this solicitation will be awarded to the offeror whose offer, conforming to the solicitation requirements, is found to be most advantageous to the Government, price and other factors considered. A trade-off process will be used among the evaluated price and non-price factors, with the non-price factors being significantly more important than price. Offerors are reminded that the tradeoff process and determination of “most advantageous” is necessarily a subjective process and could result in award to other than the lowest price or other than the highest rated.

Guidance: LOCAR (Level of Confidence Assessment Rating) will be assigned on the following adjectival scale: “substantial confidence,” satisfactory confidence,” “limited confidence,” or “no confidence.” The LOCAR is based on the following factors listed in the section below.

(c) Evaluation of Non-Price Factors: The non-price factors, listed in descending order of importance are:

Factor A — Experience.

Factor B — Technical and Management.

Factor C -– Past Performance.

Factors B and C will be evaluated in Step 2. Factor A has 3 subfactors. Subfactor A-1 will be partially evaluated in Step 1; while Subfactors A-2 and A-3 will be evaluated in Step 2.

(d) Factor A – Experience. Factor A consists of three subfactors, listed in descending order of importance:

Subfactor A-1 Prime contractor’s (firm) recent/relevant experience:

a. Firm experience

i. Demonstrated expertise in computer science, seismology and /or geodesy and / or geophysics and / or the physical sciences, with a focus on computational methodologies.

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ii. Demonstrated experience in the design and development of scientific software using open-source tools and libraries.

iii. Proficient background in scientific algorithm development, database architecture, low-level Linux programming, and integration of message-oriented middleware.

iv. Demonstrated experience in supporting geophysical monitoring equipment.

v. Demonstrated experience in supporting the IT infrastructure of geophysical monitoring networks.

vi. Demonstrated experience in cyber security concepts and their application to a real-time data acquisition and processing environment.

Subfactor A-2 Proposed key personnel recent/relevant experience and qualifications:

b. Proposed personnel’s experience

i. Demonstrated expertise in computer science.

ii. Demonstrated expertise in seismology and /or geodesy and / or geophysics and / or the physical sciences, with a focus on computational methodologies.

iii. Demonstrated experience in the design and development of open-source scientific software systems.

iv. Demonstrated experience working with networking and router hardware and protocols, including the diagnosis and repair of communications failures between devices and across networks.

v. Proficient background in scientific algorithm development, database architecture, low-level Linux programming, and integration of message-oriented middleware.

vi. Demonstrated experience in supporting geophysical monitoring equipment.

vii. Demonstrated experience in supporting the IT infrastructure of geophysical monitoring networks.

viii. Extensive experience in programming open-source software.

ix. Experience with cloud applications.

x. Experience with cyber security concepts and their application to a real-time data acquisition and processing environment.

xi. Excellent listening, organizational, and interpersonal skills.

Subfactor A-3 Relevancy and recentness of experience to this requirement.

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STEP 1: Only subfactor A-1 will be evaluated in Step 1. The other factors and subfactors will be evaluated in Step 2. Offerors shall provide information for the Step 1 factor/subfactor as indicated in instruction GS2150-1 above.

Subfactor A-1 is the principle focus of Step 1. It is the principle focus because the prime contractor has primary responsibility for overall management of the contract’s performance and privity with the Government. The experience factor measures an offeror’s relevant contract performance and management history. (See instructions Provision GS-2150-1 for meaning of “prime contractor” for purposes of this evaluation).

STEP 2: The other experience subfactors will be evaluated in Step 2. Instructions for Step 2 information submittals will be provided with the solicitation amendment for Step 2 :

A-1 Prime contractor firm information (carries over from Step 1 into Step 2 evaluations) A.2 - Prime contractor’s key personnel recent/relevant experience A-3 - Other team members’ recent/relevant experience and their recent/relevant key personnel experience.

In STEP 2, we will also evaluate the other factors:

(e) Factor B. Technical/Management Approach

B.1 Technical/Management.

i.) Technical approach ii.) Understanding the requirements iii.) Approach to the project iv.) Approach to assuring service quality

B.2 Task Order(s) – The Task Order (TO) evaluations are specific to the work effort called for in Task Orders proposals to be submitted under Step 2. At least 1 TO will be provided for Step 2, but not more than 3. Each TO will be evaluated separately.

(f) Factor C. Past Performance.

i.) Demonstrated ability to provide, without delay, personnel with the experience required by a contract.

ii.) Demonstrated ability to remain within budget and control costs effectively.

iii.) Please provide at least three references from the past five years. If references are older than five years, please explain why. In general, references older than five years will not be considered without sufficient justification.

iv.) Please provide either two samples of open-source scientific code you have developed, or a link to an online repository where these open-source code samples can be found.

(g) Price Factor and Evaluation of Price.

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Price will be evaluated based on the firm-fixed hourly rates proposed for each labor category. Task orders issued under the contract will be evaluated and awarded on a firm-fixed-price basis.

(End of GS2320 – Evaluation Factors)

52.240-90 – Security Prohibitions and Exclusions Representations and Certifications (Deviation Apr 2026)

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

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

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

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the

Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

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 under 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.

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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 prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the

Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)—

(1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and

(2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).

(d) FASCSA Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the offeror certifies, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), that the offeror does not conduct any restricted

140G0326R0003 Provisions and Clauses, Page 10 of 37 business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the offeror, after conducting a reasonable inquiry (that looks at any information in the offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub. L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph

(f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a

140G0326R0003 Provisions and Clauses, Page 11 of 37 distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the offeror would like the Government to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Contracting

Officer.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Contracting Officer will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Contracting Officer may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

(End of provision)

COMMERCIAL CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ and https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.

The following clauses are incorporated by reference, with fill-ins noted where appropriate:

52.203- 6 – Restrictions on Subcontractor Sales to The Government (Jun 2020) – Alternate I (Nov

2021) 52.203-13 – Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-17 – Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 – Prohibition On Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

140G0326R0003 Provisions and Clauses, Page 12 of 37

52.204- 9 – Personal Identity Verification Of Contractor Personnel (Jan 2011)(Deviation Apr 2026) 52.204-13 – System For Award Management – Maintenance (Oct 2018)(Deviation Apr 2026) 52.204-15 – Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016)(Deviation Apr 2026) 52.204-19 – Incorporation By Reference of Representations and Certifications (Dec 2014) 52.209- 6 – Protecting The Government’s Interest When Subcontracting With Contractors

Debarred, Suspended, Proposed For Debarment, Or Voluntarily Excluded (Jan 2025)(Deviation Apr 2026)

52.209- 9 – Updates Of Publicly Available Information Regarding Responsibility Matters (Oct 2018)(Deviation Apr 2026) 52.209-10 – Prohibition On Contracting With Inverted Domestic Corporation (Nov 2015)(Deviation

Apr 2026) 52.212- 4 – Terms And Conditions – Commercial Products and Commercial Services (Nov 2023)(Deviation Apr 2026) 52.217- 8 – Option To Extend Services (Nov 1999) Fill-in: 30 days 52.217- 9 – Option to Extend Term of the Contract (Mar 2000) Fill-ins: 15 and 30 days, 5 years 52.219- 6 – Notice of Total Small Business Set-Aside (Nov 2020)(Deviation Jan 2026, Update Feb 2026) 52.219- 8 – Utilization of Small Business Concerns (Jan 2025)(Deviation Jan 2026, Update Feb

2026) 52.219- 9 – Small Business Subcontracting Plan (Jan 2025)(Deviation Jan 2026, Update Feb 2026)

– Alternate I (Nov 2016) (Deviation Jan 2026, Update Feb 2026) 52.219-14 – Limitations On Subcontracting (Oct 2022)(Deviation Jan 2026, Update Feb 2026) 52.219-16 – Liquidated Subcontracting Plan (Sep 2021)(Deviation Jan 2026, Update Feb 2026) 52.219-27 – Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program. (Feb

2024)(Update Feb 2026) 52.219-28 – Postaward Small Business Program Rerepresentation (Jan 2025)(Deviation Jan 2026, Update Feb 2026) 52.222- 3 – Convict Labor (Jun 2003)(Deviation Apr 2026) 52.222-35 – Equal Opportunity For Veterans (Jun 2020)(Deviation Apr 2026) 52.222-36 – Equal Opportunity For Workers With Disabilities (Jun 2020)(Deviation Apr 2026) 52.222-37 – Employment Reports On Veterans (Jun 2020)(Deviation Apr 2026) 52.222-40 – Notification Of Employee Rights Under The National Labor Relation Act (Dec

2010)(Deviation Apr 2026) 52.222-41 – Service Contract Labor Standards (Aug 2018)(Deviation Apr 2026) 52.222-42 – Statement Of Equivalent Rates For Federal Hires (May 2014) Applicable Wage Determination Rates: Https://Sam.Gov/Wage-Determinations 52.222-44 – Fair Labor Standards Act And Service Contract Labor Standards-Price Adjustment (May 2014)(Deviation Apr 2026) 52.222-55 – Minimum Wages for Contractor Workers Under EO 14026 (Nov 2020)(Deviation Apr 2026) 52.222-62 – Paid Sick Leave Under Executive Order 13706 (Jan 2022)(Deviation Apr 2026) 52.222-50 – Combating Trafficking In Persons (OCT 2025)(Deviation Apr 2026) 52.222-54 – Employment Eligibility Verification (JAN 2025)(Deviation Apr 2026) 52.222-90 – Addressing DEI Discrimination by Federal Contractors (Deviation Date

Pending). Full text can be accessed at: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_222_90.

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52.223-23 Sustainable Products And Services (May 2024) (Deviation Sep 2025) 52.224- 3 – Privacy Training (Jan 2017) – Alternate I (Jan 2017)(Deviation Sep 2025) 52.226- 8 – Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024)(Deviation Aug 2025) 52.227-14 – Rights In Data –General (May 2014)(Deviation Sep 2025) 52.227-17 – Rights In Data – Special Works (Dec 2007)(Deviation Sep 2025) 52.228-5 – Insurance – Work on A Government Installation (Jan 1997)(Deviation Aug 2025) 52.232-23 – Assignment Of Claims (May 2014)(Deviation Sep 2025) 52.232-33 – Payment By Electronic Funds Transfer-System For Award Management (Oct

2018)(Deviation Sep 2025) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)(Deviation Sep 2025) 52.233- 4 – Applicable Law for Breach of Contract Claim (Oct 2004)(Deviation Aug 2025) 52.237- 2 – Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)(Deviation Sep 2025) 52.242-13 – Bankruptcy (Jul 1995)(Deviation Sep 2025) 52.242-15 – Stop Work Order (Aug 1989)(Deviation Sep 2025) 52.245-1 – Government Property (Apr 2012)(Deviation Apr 2026) 52.246-25 – Limitation On Liability – Services (Feb 1997)(Deviation Apr 2026)

Contract Clauses – Full Text

52.216-18 – Ordering Aug 2020 (Deviation Sep 2025)

(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 <DATE OF AWARD> through <five years from the date of award>.

(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.

(End of Clause)

52.216-19 – Order Limitations Oct 1995 (Deviation Sep 2025)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, 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 $1,000,000.00 ;

(2) Any order for a combination of items in excess of $5,000,000.00; or

(3) A series of orders from the same ordering office within thirty (30) days that together call

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(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 ten (10) 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)

52.216-22 Indefinite Quantity Oct 1995 (Deviation Apr 2026)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 July 31, 2031.

(End of Clause)

52.240-91 Security Prohibitions and Exclusions Deviation Apr 2026

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal

Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the

Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

140G0326R0003 Provisions and Clauses, Page 16 of 37

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control

Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense

(DoD) and national security systems other than sensitive compartmented information systems.

This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

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(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast

Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a

Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a

Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

140G0326R0003 Provisions and Clauses, Page 18 of 37

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for…