II_01. Combined Synopsis Solicitation_Final.pdf

RFP Number 2032H324R00003

TABLE OF CONTENTS

2032H324R00003, Online Maritime Database and an Enterprise-Wide License Global Import Export and Commodity Trade Database (with Forecasting Capabilities) Subscription Service Requirement

SECTION I: STATEMENT OF WORK (SOW)

1. BACKGROUND INFORMATION

2. SCOPE

3. SPECIFIC TASKS

3.1. Macro Level Data

3.2. Customs Level Data

3.3. Training

4. PLACE OF PERFORMANCE

5. SECTION 508 COMPLIANCE

6. GOVERNMENT-FURNISHED EQUIPMENT AND GOVERNMENT-FURNISHED

INFORMATION

7. WORK HOURS

8. SECURITY

SECTION II: CONTRACT ADMINISTRATION TERMS AND CONDITIONS

1. AUTHORITY

DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)

2. TYPE OF CONTRACT

3. INVOICE SUBMITTAL REQUIREMENTS

DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)

4. CONTRACT CLAUSES

FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Nov 2023)

FAR 52.217-8 Option to Extend Service (Nov 1999)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

DTAR 1052.210-70 Contractor Publicity (Apr 2015)

DTAR 1052.212-4 Contract Terms and Conditions-Commercial Items (Alternate II) (Deviation 2016-00001) (Apr 2018)

DTAR 1052.222-70 Minority and Women Inclusion (Jan 2016)

DTAR 1052.224-70 Contract Publication (Oct 2018)

DTAR 1052.232-39 Unenforceability of Unauthorized Obligations. (Jan 2016)

DTAR 1052.232-70 Commercial Supplier Agreements-Unenforceable Clauses. (Jan 2016)

IR 1052.239-9000 Section 508 Information, Documentation and Support (Dec 2019)

IR 1052.239-9001 Section 508 Conformance (Nov 2020)

IR 1052.239.9002 Section 508 Services (Jun 2022)

IR 1052.242-9000 Post Award Evaluation of Contractor Performance (Jun 2020)

Order Administration

SECTION III: SOLICITATION PROVISIONS AND REPRESENTATIONS AND INSTRUCTIONS

TO OFFERORS

1. REPRESENTATIONS AND CERTIFICATIONS

FAR 52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Nov 2023)

FAR 52.216-1 – Type of Contract (Apr 1984)

FAR 52.233-2 Service of Protest (Sep 2006)

DTAR 1052.209-70 Notice and Consent to Disclose and Use of Taxpayer Return Information (Nov 2017)

IR 1052.215-9002 Expense Related to Proposal Submissions (May 2018)

2. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

2.1. Communications

2.2. RFP Response Package

2.3. Proposal Submission Details

2.4 Page Limits Matrix Table Summary

3. EVALUATION FACTORS FOR AWARD

3.1. Basis for Award

3.2. Number of Contracts to be Awarded

4. EVALUATION FACTORS – RATINGS AND DEFINITIONS

4.1 Proposal Submission

5. AWARD DECISION

2032H324R00003, Online Maritime Database and an Enterprise-Wide License Global

Import Export and Commodity Trade Database (with Forecasting Capabilities) Subscription Service Requirement

Combined Synopsis/Solicitation Notice Description

a. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

b. Solicitation 2032H324R00003 is hereby issued as a Request for Proposal (RFP) for a single award Definitive Contract consistent with Federal Acquisition Regulations (FAR) part 12, and 13 as appropriate, and incorporates provisions and clauses in effect through Federal Acquisition Circular 2024-01.

c. Set-Aside and NAICS Code:

This acquisition is Unrestricted and open to all sources. The associated NAICS code is 519290 – Web Search Portals and All Other Information Services.

d. Description of Requirement and items:

The Department of the Treasury, Internal Revenue Service (IRS), Office of Business Solutions Acquisitions (OBSA), Treasury Operations Branch (TOB) intends to issue a Firm Fixed Price (FFP) contract to obtain Online Maritime Database and an Enterprise-Wide License Global Import Export and Commodity Trade Database (with Forecasting Capabilities) Subscription Services in accordance with the attached Statement of Work (SOW) dated 19, September 2023.

The following Contract Line Items are associated with this requirement:

e. Period of Performance:

The period of performance for this acquisition is as follows:

Base Period: January 27, 2024 through January 26, 2025 Option Period 1: January 27, 2025 through January 26, 2026 Option Period 2: January 27, 2026 through January 26, 2027 Option Period 3: January 27, 2027 through January 26, 2028 Option Period 4: January 27, 2029 through January 26, 2029

f. Delivery and Acceptance:

Delivery of all reports and services will be made to:

U.S. Department of the Treasury Office of Privacy, Transparency, and Records (PTR)

ATTN: TBD

1500 Pennsylvania Avenue, NW Washington, DC 20220

g. FOB Point:

The FOB POINT is Destination

h. FAR Provisions and Clauses:

The following FAR Provisions and Clauses are applicable to this notice:

CLIN DESCRIPTION OF SERVICES PRICE

0001 Online Maritime Database and an Enterprise-Wide License

Global Import Export and Commodity Trade Database (with Forecasting Capabilities) Subscription Services

1001 Online Maritime Database and an Enterprise-Wide License

2001 Online Maritime Database and an Enterprise-Wide License

3001 Online Maritime Database and an Enterprise-Wide License

4001 Online Maritime Database and an Enterprise-Wide License

1. FAR Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and addenda to the provision is located in Section III.

2. FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this acquisition, and the specific evaluation criteria is located in Section III.

3. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services as well as all other applicable provisions within this solicitation, with its offer.

4. Clause at 52.212-4, Contract Terms and Conditions-Commercial Products and

Commercial Services, applies to this acquisition as well as DTAR Deviation 1052.212-4 -

CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS. (ALTERNATE

II) (DEVIATION 2016-00001) (APR 2018).

5. FAR Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

6. The Defense Priorities and Allocation System is not applicable to this acquisition.

See Section II for additional contract term and conditions determined necessary for this acquisition.

i. Questions / Inquiries:

Questions/Inquiries concerning this Combined Synopsis/Solicitation are due via email to Angela C. Gallo at Angela.C.Gallo@irs.gov by Tuesday, December 12, 2023, at 4:00 PM Eastern.

j. The Defense Priorities and Allocation System is not applicable to this acquisition.

k. Proposal Due Date/Time:

Responses to this Combined Synopsis/Solicitation shall be made electronically to Angela C.

Gallo at Angela.C.Gallo@irs.gov no later than Friday, December 22, 2023, at 4:00 PM Eastern. SEE SECTION III FOR SUBMISSION INSTRUCTIONS.

mailto:Angela.C.Gallo@irs.gov

RFP Number 2032H323R00030

SECTION I: STATEMENT OF WORK (SOW)

ONLINE MARITIME DATABASE AND AN ENTERPRISE-WIDE LICENSE GLOBAL

IMPORT EXPORT AND COMMODITY TRADE DATABASE (WITH FORECASTING

CAPABILITIES) SUBSCRIPTION SERVICE

September 19, 2023

1. BACKGROUND INFORMATION

Since Fiscal Year 2016, the Treasury Offices of Intelligence & Analysis (OIA) and Foreign Assets Control (OFAC), within the Terrorism and Financial Intelligence (TFI) department, have subscribed to a maritime reference tool, that provides hundreds of data fields covering over 200,000 ships. This database provides data and supportive analysis of maritime assets, potentially subject to economic sanctions, as well as maritime assets potentially used for illicit activities such as avoidance or evasion of sanctions. It also provides business leaders, the media, policymakers, governmental organizations, and philanthropists with information and skills that enable them to help create a culture of ocean conservation within their sectors. The use of this maritime database promotes market-based and policy solutions by educating and mobilizing leaders in policy, science, business, and nonprofits around common-sense solutions for a healthy ocean. Also, it shares knowledge and issue expertise by initiating strategic dialogues among scientists, journalists, policymakers, and business leaders to promote informed government policies and industry practices.

The Terrorism and Financial Intelligence (TFI) department also uses a global import export and commodity trade database that covers information about 84 selected countries, in support of mission critical research. This resource provides TFI with current and precise international trade statistics of the world’s import and export merchandise trade, organized by commodity, industry sector, and country.

Both the requested renewal of a maritime database and global import export and commodity trade database work in tandem and should be renewed from the same vendor.

2. SCOPE

The purpose of this requirement is for the Treasury Offices of Intelligence & Analysis (OIA) and Foreign Assets Control (OFAC), within the Terrorism and Financial Intelligence (TFI) department to obtain access for 2 users for a maritime database and an enterprise-wide license global import export and commodity trade database (with forecasting capabilities) from one vendor. The 84 selected countries should include the following:

1. North Korea 22. Denmark 43. Italy 64. Portugal

2. Russia 23. Ecuador 44. Japan 65. Romania

3. Algeria 24. Egypt 45. Kazakhstan 66. Russia

4. Argentina 25. El Salvador 46. Kenya 67. Senegal

5. Australia 26. Estonia 47. Latvia 68. Serbia

6. Austria 27. Finland 48. Lithuania 69. Singapore

7. Azerbaijan 28. France 49. Luxembourg 70. Slovakia

8. Belarus 29. Georgia 50.Malaysia 71. Slovenia

9. Belgium 30. Germany 51. Malta 72. South Africa

10. Bolivia 31. Ghana 52. Mauritius 73. South Korea

11. Brazil 32. Greece 53. Mexico 74. Spain

12. Bulgaria 33. Guatemala 54. Morocco 75. Sri Lanka

13. Canada 34. Honduras 55. Netherlands 76. Sweden

14. Chile 35. Hong Kong 56. New Zealand 77. Switzerland

15. China 36. Hungary 57. Nicaragua 78. Taiwan

16. Colombia 37. Iceland 58. Norway 79. Thailand

17. Costa Rica 38. India 59. Panama 80. Turkey

18. Cote d’Voire 39. Indonesia 60. Paraguay 81. Ukraine

19. Croatia 40. Iran 61. Peru 82. United Kingdom

20. Cyprus 41. Ireland 62. Philippines 83.Uruguay

21. Czech Republic 42. Israel 63. Poland 84.Venezuela

3. SPECIFIC TASKS

The Contractor shall provide online subscription services via the website platform, 24 hours a day, 7 days a week.

3.1. Macro Level Data

The platform shall provide aggregated trade flows in USD for macro level analysis on global trade statistics by value and volume. This data shall be accessible via API or extract csv/excel files using simple queries. The data should also be searchable via Harmonized System (HS) codes to the 4,6, and 10 digit level. The timeframe of the data should go back at least to the year 2000. Release of new data should be timely, ideally with just a month’s time lag (i.e. receive October data in November).

3.2. Customs Level Data

Customs level data, also referred to as transactional level data, shall contain at minimum:

• Country of Origin

• HS Codes (10 digit level)

• Dollar Amounts

• Consignor

• Consignee

• Other shipment level information

Customs level data should go back at minimum three (3) years and shall be accessible via API, extractable via CSV/excel, and a visualization tool.

3.3. Training

The Contractor shall provide training on use of database, as needed.

4. PLACE OF PERFORMANCE

Services will be available online via the contractor’s website. The products will be used at workstations in the Main Treasury and Annex buildings, and on government issued computers for employees who telework and/or remote work.

5. SECTION 508 COMPLIANCE

This service must meet industry standards to comply with 508 of the Rehabilitation Act of 1973.

6. GOVERNMENT-FURNISHED EQUIPMENT AND GOVERNMENT-FURNISHED

INFORMATION

N/A

7. WORK HOURS

Online service is available 24 hours a day/7 days a week.

8. SECURITY

Information is unclassified and does not require DD Form 250.

WHEN COMPLETED, THIS DOCUMENT IS SOURCE SELECTION SENSITIVE IAW FAR 3.104

SECTION II: CONTRACT ADMINISTRATION TERMS AND CONDITIONS

IMPORT EXPORT AND COMMODITY TRADE DATABASE (WITH FORECASTING

CAPABILITIES) SUBSCRIPTION SERVICE

1. AUTHORITY

a. Contracting Officer

The Contracting Officer for this action is:

Angela C. Gallo 5000 Ellin Road, Stop C7-430 Lanham, MD 20706 Telephone: 240-613-0038 E-Mail: Angela.C.Gallo@irs.gov

The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

b. Contracting Officer’s Representative (COR)

DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)

(i) The COR is:

TBD

U.S. Department of the Treasury, D.O.

Office of Privacy, Transparency, and Records (PTR) 1500 Pennsylvania Ave. NW Washington, DC 20220 Telephone: TBD E-Mail: TBD

(ii) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(iii) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(iv) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(v) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of

(c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(vi) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

(End of clause)

The COR’s assignment for this contract may be changed at any time by the Government without prior notice to the Contractor. The Contractor will be notified of the change.

c. Contractor Project Manager

The Contractor’s designated Project Manager for this contract is:

Name: ________________________________________________ Address: ________________________________________________ Phone: ________________________________________________ E-mail: ________________________________________________

The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost technical, hiring, and dismissal decisions, or special arrangement regarding this contract. The Project Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager or designated representative shall respond within four hours after notification of the existence of a problem.

2. TYPE OF CONTRACT

The Government anticipates award of a firm fixed price (FFP) contract resulting from this solicitation.

3. INVOICE SUBMITTAL REQUIREMENTS

a. Invoices shall be submitted electronically to https://www.ipp.gov.

b. An electronic copy shall also simultaneously be submitted to the COR and the Contracting Officer.

c. Submission of proper invoices shall be rendered on a percentage complete basis in an amount equal to the value of the work performed.

d. Each invoice submitted shall be supported by appropriate documentation. Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), cost of materials used this invoice, value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.

DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, https://www.ipp.gov/ including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP)

Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. The preferred method for invoicing through September 30, 2012 is through IPP. Effective October 1, 2012 invoicing through IPP will be mandatory for all new contract awards. Additional information regarding IPP may be found at the IPP website address https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the Bureau of the Public Debt’s IPP Team at 304-480- 8000, Option 7 or the IPP Help desk via e-mail at ippgroup@bos.frb.org or via phone at (866) 973-3131.

Electronic Invoicing and Payment Requirements

Vendor invoices submitted electronically through IPP should be in the proper format and contain the required information for payment processing. A “proper invoice” must meet the minimum standards specified in FAR 32.905(b) in order to be approved for payment.

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

Payment and Invoice Questions

For payment and invoice questions, contact the Accounting Services Division at (304) 480-8000 option 7 or via e-mail at AccountsPayable@bpd.treas.gov.

Waivers

If the Contractor is unable to utilize IPP for submitting payment requests starting on October 1, 2012 then a waiver form must be completed in advance and submitted via mail or e-mail for review and approval by the Contracting Officer (see Attachment 1). Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats for submitting waivers electronically. The vendor will be notified in a reasonable number of days as to whether their https://www.ipp.gov/ waiver has been approved or rejected. If the waiver is granted, then a copy of the waiver must be submitted with each invoice that the vendor submits to the payment office.

(End of Clause)

4. CONTRACT CLAUSES

FAR 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://farsite.hill.af.mil/farsite.html

The following clauses are incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Number Title Date

52.203-3 GRATUITIES APR 1984

52.203-17 CONTRACTOR EMPLOYEE WHISLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

JUN 2020

52.203-19 PROHIBITION ON REQUIRING CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS

JAN 2017

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY

CODE MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.209-10 PROHIBITION ON CONTRACTING WITH

INVERTED DOMESTIC CORPORATIONS

NOV 2015

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

NOV 2023

http://farsite.hill.af.mil/farsite.html

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

JUN 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-39 CLAUSE FOR UNENFORCEABILITY OF

UNAUTHORIZED OBLIGATIONS

JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO

SMALL BUSINESS SUBCONTRACTORS

DEC 2013

52.243-1 CHANGES—FIXED PRICE WITH ALTERNATE I AUG 1987

The following clauses are incorporated by full text:

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Nov 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

X (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.

657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (14) [Reserved]

__ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

__ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023) (15 U.S.C. 632(a)(2)).

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

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

X (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

X (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

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

X (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

__ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

X (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

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

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

__ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

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

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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

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

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

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

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

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

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

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

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

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

FAR 52.217-8 Option to Extend Service (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration.

FAR 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 at least 1 day prior to contract expiration; 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 60 months or 5 years.

DTAR 1052.210-70 Contractor Publicity (Apr 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer.

Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.

DTAR 1052.212-4 Contract Terms and Conditions-Commercial Items (Alternate II) (Deviation 2016-00001) (Apr 2018)

As prescribed in 1012.301-70, when a commercial item contract is contemplated substitute, paragraphs, (s), and) for those in the basic FAR clause; and additionally, add subparagraph (e)(2) and paragraph (w) to the basic FAR clause.”

(e) Definitions.

(2) As used in this clause, "Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies¬

(i) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation.

(ii) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(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, Unauthorized Obligations, and Commercial Supplier Agreements-Unenforceable Clauses paragraphs of this clause,

(3) The clause at 52.212-5.

(4) Solicitation provisions if this is a solicitation.

(5) Other paragraphs of this clause.

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

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(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 CSA, that includes any language, provision, or 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 language, provision, or 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 CSA. If the CSA 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 language, provision, or clause is deemed to be stricken from the CSA. (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.

(w) Commercial supplier agreements -unenforceable clauses. When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, "this agreement" means the CSA:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the Government for the acquisition of the supply or service that necessitates a license (including all contracts, task orders, and delivery orders under FAR 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in their personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the Government to the laws of a U.S. state, U.S.

territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute w continuing performance as set forth in paragraph (d) of this clause.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, (A) binding arbitration shall not be used unless specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Additional terms.

(A) This agreement may unilaterally incorporate additional terms by reference. Terms may be included by reference using electronic means (e.g., via web links, click and accept, etc.). Such terms shall be enforceable only to the extent that:

(1) When included by reference using electronic means, the terms are readily available at referenced locations; and

(2) Terms do not materially change government obligations; and

(3) Terms do not increase government prices; and

(4) Terms do not decrease overall level of service; and

(5) Terms do not limit any other Government rights addressed elsewhere in this contract.

(B) The order of precedence clause of this contract notwithstanding, any software license terms unilaterally revised subsequent to award that is inconsistent with any material term or provision of this contract is not enforceable against the Government.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express Government approval.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any…