24Q0246_NONCOMP_REDACTED.pdf

SER: CR-

INTERNATIONAL AGREEMENT

In accordance with FAR 6.302-4 and DFARS 206.302-4, recommend approval pursuant to (10 U.S.C. 2304)(c)(4) or 41 U.S.C.

253(c)(4)) to contract for the acquisition(s) described below using other than full and open competition with

DOCUMENTATION

Program Name:

Dollar Amount:

Contracting Activity:

4. Memorandum of Understanding

Not Applicable

LOA Case Identifier:

Foreign Government(s):

7. Required Source:

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

CRANE DIVISION

300 HIGHWAY 361

CRANE INDIANA 47522-5001

IN REPLY REFER TO:

Republic of Lithuania, Case: LH-P-LAO

The Naval Sea Systems Command Crane Division, Contracts Division Code (0234).

LH-P-LAO

Republic of Lithuania

FirstSpear, LLC 2015 Corporate 44 Dr.

Fenton, MO 63026

Eye Safety Systems (ESS), Inc.

314 S. River St., #301 Hailey, ID 83333 US

24227

FirstSpear, LLC and Eye Safety Systems, Inc. (ESS).

Acquisition Plan: Not required

Description of the Action Being Approved

10. Delivery Requirement

SIGNED:

Contracting Officer Date

APPROVED: _____________________________________________

(NAVSEA 02/02B as Designee of HCA) Date

The Republic of Lithuania has a requirement for protective personnel equipment from FirstSpear, LLC and ESS. The required product and quantity can be found in the Letter of Agreement (LOA), under Note 1, Line 0001, paragraph (d). The equipment listed in the case are manufactured exclusively by the required sources identified in item 7 above and will be acquired through authorized distributors. Each set of equipment is delineated by manufacturer. The Republic of Lithuania intends to procure QTY 32, ESS Laser Eye Protection, P/N: 740-0428 and QTY 64, FirstSpear, LLC Ballistic Swimmer Cut Plates, P/N: 300-17-50309-000-03.

Performance is anticipated to begin 90 days ADC.

BROWN.ROSE.MARY.10853389

Digitally signed by

BROWN.ROSE.MARY.1085338982

Date: 2024.04.18 13:37:51 -04'00'

BOYLES.KRISTINE.R.105263

Digitally signed by

BOYLES.KRISTINE.R.1052638131

Date: 2024.04.22 10:06:23 -04'00'

Attachment 1 Class Deviation 2022-O0008

Restriction on Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations

252.225-7968 Restriction on Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations. (DEVIATION 2022-O0008)

Unless an exception applies, use the following contract clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products including commercially available off-the-shelf items and commercial services, that are for the acquisition of covered items of personal protective equipment materials and components, or sanitizing and disinfecting wipes, testing swabs, gauze, and bandages, with an estimated value above $150,000.

RESTRICTION ON ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT

AND CERTAIN OTHER ITEMS FROM NON-ALLIED FOREIGN NATIONS

(DEVIATION 2022-O0008) (MAR 2022)

(a) Definitions. As used in this clause—

Covered country means—

(1) The Democratic People’s Republic of North Korea;

(2) The People’s Republic of China;

(3) The Russian Federation; or

(4) The Islamic Republic of Iran.

Covered item means an article or item of—

(1) Personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material including—

(i) Nitrile and vinyl gloves;

(ii) Surgical masks;

(iii) Respirator masks and powered air purifying respirators and required filters;

(iv) Face shields and protective eyewear;

(v) Surgical and isolation gowns and head and foot coverings; or

(vi) Clothing; and

(vii) The materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or

Attachment 1 Class Deviation 2022-O0008

Restriction on Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations

(2) Sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.

(b) Restriction. Except as provided in paragraph (c) of this clause, the Contractor shall not deliver under this contract a covered item of personal protective equipment or other items, from a covered country, for use in preventing the spread of disease, such as by exposure to infected individuals, or contamination or infection by infectious material (10 U.S.C. 2533e, now 10 U.S.C. 4875).

(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), without alteration other than to identify the appropriate parties, in subcontracts that are for the acquisition of personal protective equipment and covered items, including subcontracts for commercial products and commercial services including COTS items.

(End of clause)