140R8119P0028_DIANA_Software_Executed.pdf

SOUCITATIONICONTRACTIORDER OR COMMERCIAL ITEMS I ROUISIflON MIVR PAGE OF OFROA?DCOIWLEESLCCDCS12.17,23,24&30 0040425972 1 f 12

2 cONIRACTNG 3 AWANDI 4 ORDER MJMBER

5. SOLICITATION A3d8ER fa $OUCITATION

140R8119P0028 I 1ISSUEDATE

7. FOR SOUCifA170fI 1 NAME 5. TW.HOAE NUIER ISV caNed OFFER DUE DATE4.DCALTIUE 0RMAnONcAu. Frank Palmer 303-445—3038

9. ISSUED BY CODE I81 10 PISACQUISmON IS UWAES1CTED OR tAS4DE S FOR . WOMEN-OWAED SMALL ISJSIHESSBureau of Reclamation SMALLBUSINESS q

Denver Office I4JOZONSSMALL WWI ISRpPtNRAM scs 511210Acquisition Operations Group Building 56 — Denver Federal Center

$38.5MS 84—27810

Denver CO 80225 ii DEI.FVERY FOR FOB DEST1NA. 2 DISCOUNT 1ERMS 135 RATING

131 ThIS CONTRACT ISA

MARKED RATED ORDER

14 IETHOO OF SOLICITATiONK’ssssQias DPAS(lscFRToa) FS RFP15 OELIVERTO CODE 10009910106 IS ADIAINISTEREOBY CODE jR8l

Bureau of Reclamation—DO Bureau of Reclamation Building 56, Dock S6, Bm 1950 Denver Office 6th Avenue & Kipling Street Acquisition Operations Group Denver Federal Center Building 56 — Denver Federal Center Denver CO 80225—0007 MS 84—27810

Denver CO 80225 Ill CONTRACTORJ CODE 10071401118 j

FACILITY1 isa PAY rWILLBSuAGEBY CODE pp INV

DIANA FEA B.V. Invoice Processing Platform System Attn: Maziar Partavi US Department of Treasury DELFTECHPARK 19 A http://www.ipp.gov

DELFT 2628 XJ

TflIPHONENO 31883426200 175 CHECK IF REUnTANCE IS DIFFERENT AM) PUT SUCH ADDRESS IN OFFER I5 SUBMIT ISMOICES TO ADDRESS SHOEN IN BLOCK ISa UNLESS BLOCK BELOW

IS CHECKED SEE AODSEUN

19 20 21 22 23 24rtSM NO SCHEO’.LEOf SUPPLIEWSERVICES QUANTITY L541T UNITPRICE AMOUNT

Delivery: 02/25/2020

00010 DIANA FEA Software License 2 EA 14,475.00 28,950.00

00020 )ption Year 1: 2 EA 8,968.75 0.00 Continued

(Use Revetse and/orAttach Additional Sheets as NeCessa,y) 25 ACCOUNflNGANDAPPROPRIAT1ON DATA

— TOTALAROAMOUNT(FrGoW Use On&)

I $28,950.00 ,127a SOUCFtATION INCORPORATES BY REFERENCE FAR 52212-1,52 212.4 FAR 52 212-3 AND 52 212-5 AREATrACHED ADDENDA ARE ARE NOTATtACHEO2Th. CONTRACWURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4 FAR 52 212-5 IS ATTACHED ADDENDA 1K ARE ARE N0TATrACHED

K128. CONTRACTOR IS REQUIRED TO SIGN This DocuMENrANo RETURN

COPIES TO ISSUING OFFICE. CONTRACTORAGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTiFIED ABOVE AND flN ANYADDm0NAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS I

‘1R O

I 29 AlF.RDOFCONTRACT 2018/DIANAIQ181O8/ OFFER

DATED 02 / 22 / 2019 YOUR OFFER ON SOLICITATION (6LOCK 5)

INCLUDING ANYADOITIONS OR CHANGES WHICH ARE SET FORTh

IS ACCE PIED AS TO I

I nu,gz.ti) FOR LOCAL kcrruuu PREVIOUS EDmON IS NOT USABLE

ED) 2of 12

19, 20. 21. 22. 23 24.

ITEM ND. SCHEDULE DF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMDUNT

DIANA PEA Software License Renewal

Amount: $l7,937.5D(Option Line Item)

02/26/2020

00030 Option Year 2: 2 EA 8,968.75 0.00

DIANA PEA Software License Renewal

Amount: $l7,937.5D(Option Line Item)

02/26/2021

00040 Option Year 3: 2 EA 8,968.75 0.00

DIANA PEA Software License Renewal

Amount: $17,937.50(Option Line Item)

02/26/2022

00050 Option Year 4: 2 EA 8,968.75 0.00 DIANA PEA Software License Renewal

Amount: $17,937.50(Option Line Item)

02/26/2023

The total amount of award: $100,700.00. The obligation for this award is shown in box 26.

32a QUANTITY IN COLUMN 21 HAS BEEN fl RECEIVED El INSPECTED E ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPTAS NOTED.

32b SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32C DATE 32d PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 SHIP NUMBER 34 VOUCHER NUMBER 35 AMOUNT VERIFIED ‘ 36 PAYMENT 37 CHECK NUMBER

CORRECT FOR

D COMPLETE PARTIAL FINAL

LI; PARTIAL j FINAL

38 S/R ACCOUNT NUMBER 39 S/R VOUCHER NUMBER 40 PAID BY

41 a I CERTIFY THIS ACCOUNT IS CORRECTAND PROPER FOR PAYMENT 42a RECEIVED BY (Pnnt)

41b SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c DATE

42b RECEIVED AT (LDCSt/Dn)

42C DATE REC’D (YY/MMIDD) 42d TOTAL CONTAINERS

STANDARD FQRM 1449 IREV. 2/20121 BACK

0140R8119P0028_DIANA itA Software License Page 3 of 12

CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS —COMMERCIAL ITEMS - (OCT 2018)

(End of Clause)

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

(End of Clause)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE - (JUL 2016)

a) Definition. As used in this clause— “Commercial and Government Entity (CAGE) code” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

fc) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structu r/AC/135/ma in/lin ks/ contacts.htm) or NSPA at https://eportat.nspa.nato.int/ACl35Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

End of Clause)

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52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000).

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

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

2013)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING

PLATFORM (IPP) - APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

‘Payment request’ means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

The Contractor shall also submit an electronic copy of the IPP invoice to the Contracting Officer at doinvoices@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

END OF ADDENDUM TO FAR 52.212-4

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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): FAR Clauses — https://www.acq uisition.gov/fa r/

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES - (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

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

ORDERS — COMMERCIAL ITEMS - (OCT 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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 (Sept 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.)

140R8119P0028_DIANA EtA Software License Page 6 of 12

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 201$) (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).

[J (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[XI (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 (Oct 2018) (41 U.S.C. 2313).

[1(10) [Reserved].

[_J (11)(i) 52.219-3, Notice of HUBZ0ne 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 HUBZ0ne 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.

[_J (13) [Reserved]

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

[J (ii) Alternate I (Nov 2011).

[] (iii) Alternate II (Nov 2011).

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

[_J (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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[_] (17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

f_I (ii) Alternate I (NOV 2016) of 52.219-9.

[](iii) Alternate II (NOV 2016) of 52.219-9.

[_]fiv) Alternate III (NOV 2016) of 52.219-9.

[_](iv) Alternate IV (AUG 2018) of 52.219-9.

LI (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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[_]f 19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[](20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[](21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

[X] (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

[](23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

[J(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[Xj (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28)(i) 52.222-26, Equal Opportunity (SEPT 2016) fE.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(3$ U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35

(30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36

[J (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[_] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[XJ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

{_] (ii) Alternate I (Mar 2015) of 52.222-SO (22 U.S.C. chapter 78 and E.O. 13627).

[](34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[_J(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA—Designated Items (May 2008) (42 U.S.C. 6962(c)(3)fA)(ii)). (Not applicable to the acquisition of commercially available off the-shelf items.)

[_] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962fi)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[](36) 52.223-11,Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN 2016)(E.O. 13693)

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[](37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)(E.O. 13693)

[_J (38)fi) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[_](ii) Alternate I (Oct 2015) of 52.223-13.

[_J (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[_] (ii) Alternate I (Jun 2014) of 52.223-14.

[_J (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

[_](41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

[](ii) Alternate I (Jun 2014) of 52.223-16.

[Xj (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

[_J (43) 52.223-20, Aerosols (JUN 2016)(E.O. 13693)

[](44) 52.223-21, Foams (JUN 2016)(E.O. 13693)

[_J(45)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[_J (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

[_] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

[_J (ii) Alternate I (May 2014) of 52.225-3.

[](iii) Alternate II (May 2014) of 52.225-3.

[_] (iv) Alternate Ill (May 2014) of 52.225-3.

[(48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[Xl (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[_J (50) 52.225-26, Contractors Pertorming Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

{_J (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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[(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[_] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[_](54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

[_] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[_J (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[](58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[_] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

[_] (ii) Alternate I (Apr 2003) of 52.247-64.

[_] (ii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[_J (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)fE.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[_J (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[_] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[_J (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[_J(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

[_J(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

[_J (8) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016)

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[J (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

(U) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (U) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as requited by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (I) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015)

(vii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) fE.O.13496). Flow down required in accordance with paragraph ff) of FAR clause 52.222-40.

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

(xiii) _(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

Flowdown required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph fd) of FAR clause 52 .247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

**END OF CLAUSES**

0140R8119P0028 DIANA i-EA Software License Page 12 of 12

AUACHMENT A — SPECIFICATIONS

CLIN 0010 DIANA FEA Software Licenses; 2 LA

CLIN 0020 Option Year 1 for DIANA FEA Software License Renewal; 2 EA CLIN 0030 Option Year 2 for DIANA FEA Software License Renewal; 2 LA CLIN 0040 Option Year 3 for DIANA FEA Software License Renewal; 2 LA CLIN 0050 Option Year 4 for DIANA FEA Software License Renewal; 2 EA