3.04_RFQ_N0038324PR0R431_PRINT.pdf

ORDER FOR SUPPLIES OR SERVICES

(Contractor must submit four copies of invoice.)

PAGE 1 OF

1.CONTRACT/PURCH ORDER NO. 3.DATE OF ORDER

(YY /MM /DD)

5.PRIORITY2.DELIVERY ORDER NO. 4.REQUISITION/PURCH REQUEST NO.

6.ISSUED BY CODE N00383 CODE7.ADMINSTERED BY (If other than 6)

8.DELIVERY

FOB

DEST

OTHER

(See Schedule if other)

9.CONTRACTOR CODE FACILITY CODE 10.DELIVER TO FOB POINT BY

(Date)(YY/MM/DD)

11.X IF

BUSINESS IS

SMALL

SMALL DISAD

VANTAGED

WOMEN-OWNED

NAME AND

ADDRESS

12.DISCOUNT TERMS

13.MAIL INVOICES TO THE ADDRESS IN BLOCK

SEE BLOCK 15

14.SHIP TO CODE 15.PAYMENT WILL BE MADE BY CODE MARK ALL

PACKAGES AND

PAPERS WITH

CONTRACT OR

ORDER NUMBER

SEE ORDER SCHEDULE

16.

TYPE

OF

ORDER

DELIVER This delivery order is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.

PURCHASE

Reference your to furnish the following on terms specified herein.

ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRSENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES

TO PERFORM THE SAME.

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED

(YY/MM/DD)

If this box is marked, supplier must sign Acceptance and return the following number of copies:

AMOUNT

17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE

18.

ITEM

NO.

19.

SCHEDULE OF SUPPLIES/SERVICE

20.QUANTITY

ORDERED/

ACCEPTED*

21.

UNIT

22.

UNIT PRICE

23.

AMOUNT

* If quantity accepted by the Government is same as quantity ordered, indicate by X. If different, enter actual quantity accepted below quantity ordered and encircle.

25. TOTAL

26.

DIFFERENCE

UNITED STATES OF AMERICA

BY:

27.QUANTITY IN COLUMN 20 HAS BEEN

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO

THE CONTRACT EXCEPT AS NOTED:

b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE c. DATE

(YYYYMMMDD)

d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 28. SHIP. NO. 29.D.O. VOUCHER NO 30. INTITIALS

PARTIAL

FINAL

32. PAID BY 33.AMOUNT VERIFIED CORRECT FOR

f. TELEPHONE NUMBER g. E-MAILL ADDRESS

(717) 605- 31. PAYMENT 34. CHECK NUMBER

36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT. COMPLETE

a.DATE

(YYYYMMMDD)

b. SIGNATURE AND TITLE OF CERTIFYING OFFICER PARTIAL 35. BILL OF LADING NO.

FINAL

37.RECEIVED

AT

38.RECEIVED BY (Print) 39.DATE

RECEIVED

(YY/MM/DD)

40.TOTAL CON-

TAINERS

41.S/R ACCOUNT NO 42.S/R VOUCHER NO.

DD FORM 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE

NAVSUP WEAPON SYSTEM SUPPORT

700 ROBBINS AVE PHILADELPHIA,

PA 19111

STANDARD FORM 36, JULY 1966

GENERAL SERVICES ADMINISTRATION

FED. PROC. REG (4)1 CFR) 1-16.101)

CONTINUATION SHEET

PAGE OF REF. NO. OF DOC. BEING CONT’D

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT

PRICE

AMOUNT

SECTION D - PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS

Preservation, packaging, packing and marking instructions shall be in accordance

DOCUMENT REF. NO. PAGE

CLAUSE

D400

SEC.

NO.

REQUISITION, CONTRACT OR ORDER NUMBER

N0038324PR0R431

PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS

1 General All specifications applicable to these requirements shall be of the issue in effect on the date of the invitation for bid or original negotiation. Packaging terms, levels of protection, etc. used in this exhibit are defined in MIL-STD-2073-1.

Preservation and packaging shall be accomplished in accordance with the requirements of MIL-P-116. The specific packaging procedures, and Level of Protection for each item are delineated in the coded format of MIL-STD-2073-2 and cited below, along with additional data elements as defined in MIL-STD-2073-1.

ITEM NUMBER(S)

PRESER-

VATION

METHOD C

L E

A N

D

R Y

PRESERV

-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAGE

MATL C

U

B

IC

T

H

IC

K

N E

S S

UNIT

CON-

TAINER L

E

V E

L

O F

P

R O

T INTERIM

CON-

TAINER U

N

IT

C

T R

L V

L

S P

M

K G

PACKING CODE5841-01-623-0912

5 1 1 0 0 E A

G

H R E D A 0 0 B 03 Q F F

HAZMAT

QTY PER UNIT

PACK

INT CTNR QTY UNIT PACK WT UNIT PACK CU SPI NUMBER REV SPI DATE CONTAINER NIIN GFM CFM

N 001 000

CONTAINER MANAGER CODE PHONE (215) 697- SUPPLEMENTAL INSTRUCTIONS

ITEM NUMBER(S)

PRESER-

VATION

METHOD C

L E

A N

D

R Y

PRESERV

-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAGE

MATL C

U

IC

K

N E

S S

UNIT

CON-

TAINER L

E

V

O

T INTERIM

CON-

TAINER U

T R

L V

L

S P

PACKING CODE

QTY PER UNIT

PACK

INT CTNR QTY UNIT PACK WT UNIT PACK CU SPI NUMBER REV SPI DATE CONTAINER NIIN GFM CFM

VATION

METHOD C

L E

A N

D

R Y

PRESERV

-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAGE

MATL C

U

IC

K

N E

S S

UNIT

CON-

TAINER L

E

V

O

T INTERIM

CON-

TAINER U

T R

L V

L

S P

VATION

METHOD C

L E

A N

D

R Y

PRESERV

-ATIVE

MATL

WRAP-

PING

MATL

CUSHION/

DUNNAGE

MATL C

U

IC

K

N E

S S

UNIT

CON-

TAINER L

E

V

O

T INTERIM

CON-

TAINER U

T R

L V

L

S P

Markings of all containers for Item(s) years after date of cure shelf life marking shall consist of the quarter of the year (i.e. Jan thru march 192 =1Q92) in accordance with MIL-STD-129.

Markings of all containers for Item(s) years after date of manufacture/assembly.

Shelf life marketing shall consist of the quarter of the year and the year (i.e. Jan thru March 1992 = 1Q92) in accordance with MIL-STD-129.

Refer to Section 5.D for additional requirements.

f

SPECIFICATIONS FOR REPAIR/MODIFICATION/STATEMENT OF WORK

1.0 SCOPE

1.1. General. The items to be furnished hereunder are Government Furnished Property (GFP) and shall be repaired, tested, inspected, and accepted in accordance with the terms and conditions specified in this contract. Equipment such as fixtures, jigs, dies, patterns, mylars, special tooling, special test equipment, or any other manufacturing aid required for the repair, manufacture, and/or testing of the subject item(s), will not be provided by the Government and shall be the responsibility of the Contractor. This limitation regarding the furnishing of equipment applies notwithstanding any reference to the contrary in any drawing, manual, or specification for the contract items.

1.2. Repair Requirements. The Contractor shall provide the necessary facility, labor, materials, parts, and test and tooling equipment required to return the items to a Ready For Issue (RFI) condition. RFI is defined as that condition allowing the items to perform properly and reliably in an operational environment in a manner they were intended to operate.

1.2.1. Changes to repair manuals/documents and changes to drawings or specifications for the manufacture of parts utilized in these repairs require Procuring Contracting Officer (PCO) approval. In addition, as provided for in Section 2.3, requests for changes to a repair source or repair facility shall be submitted in writing to the PCO and must be approved prior to making any such change.

1.2.2. Any repairs performed using unapproved changes to manuals, drawings, specifications, or unapproved changes to a repair source or facility are not permitted.

1.2.3. The Contractor is not entitled to any equitable adjustment to the price or contract terms based on the Government’s disapproval of a requested change to manuals, drawings, specifications, or to a repair source or facility.

1.3. Beyond Repair (BR)

1.3.1. Scope. An item is BR when the item is not capable of being repaired in accordance with the

Statement of Work due to the extent of physical damage.

1.3.2. Procedures. The Contractor shall obtain written concurrence from DCMA for all units determined by the Contractor to be BR. All such determinations, including the basis for the determination and the DCMA written concurrence shall be provided by the Contractor to the PCO, with a copy to the Inventory Manager (IM). After receipt of the required documentation, the PCO shall provide the Contractor disposition instructions. If provided disposition instructions, the contractor shall submit a proposal for BR pricing to the PCO within 30 days of receipt of these instructions. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor’s approved Government property disposal procedures.

1.4. Beyond Economical Repair (BER)

1.4.1. Scope. An item is BER if the cost of the repair exceeds 75% of the replacement price for items identified on Attachment A. This replacement price is for the purposes of BER determinations only, and may not be used or relied on by the offeror in the pricing of the repairs required by this contract.

1.4.2. Procedures. The Contractor shall obtain written concurrence from DCMA for all units determined by the Contractor to be BER. All such determinations, including the basis for the determination, the repair required, the Contractor’s proposed BER price to repair, and the DCMA written concurrence, shall be provided by the Contractor to the PCO, with a copy to the IM. After receipt of the required documentation, the PCO shall provide the Contractor disposition instructions or contractual authority for repair of the item. The Contractor is not authorized to proceed with the repair until notification is received from the PCO. If provided disposition disposal instructions, the contractor may submit a proposal for disposal pricing to the PCO within 30 days of receipt of these instructions. Any disposal ordered shall be performed by the Contractor in accordance with all applicable regulations and the Contractor’s approved Government property disposal procedures. Items determined BER will be separately priced.

2.0 PARTS AND MATERIAL

2.1. The Contractor is responsible for supplying all parts and material necessary to perform the required repairs under this contract. All parts and material used in performance of this contract shall be in accordance with the latest approved revision of applicable drawings and specifications. The Contractor shall ensure it has access for the duration of this contract to updated drawings and specifications for parts and material required for repairs performed under this contract. Any change to such parts/material drawings or specifications requires Government PCO approval.

2.2. All parts and material shall be new in accordance with FAR 52.211-5, Material Requirements, which is incorporated by reference herein. Authorization to use other than new material as defined by FAR 52.211- 5 requires written approval from the PCO. In addition, cannibalization of piece parts must be approved by the PCO. Cannibalization of units that have not been inducted is not authorized and requires specific additional approval by the PCO. Cannibalization or swapping shall not render an item BER or BR.

2.3. Written approval from the PCO must be obtained prior to any change to the manufacturing source or manufacturing facility for all parts which require source approval. However, if the Contractor has been delegated authority in writing by another Navy Command to approve a change in manufacturing source or a manufacturing facility, the Contractor may implement such a change after notifying the PCO, providing a copy of such delegation to the PCO, and receiving acknowledgment of such delegation from the PCO.

2.3.1. Where there has been a change to a manufacturing source, the Contractor shall complete all qualification testing that was required when that item or component was originally qualified. Any changes in such testing shall be submitted to the Contracting Officer for Government review and approval. Any repairs performed using unapproved changes to such drawings, specifications or manufacturing source or facility are not authorized. The Contractor is not authorized to deliver any items until such testing (including revised testing as properly approved) has been completed and the delivered items are repaired/manufactured in accordance with the qualification requirements package.

2.3.2. The Contractor is not entitled to any equitable adjustment to the contract price or terms based on the Government’s disapproval of a requested change to the drawings, specifications or manufacturing source or facility.

2.4. Purchased Material Control and Parts Control. The Contractor shall establish and maintain a system of control over purchased parts and material. Such controls shall, at a minimum, ensure that the parts and material purchased are in compliance with the requirements of this contract.

2.5. Receiving Inspection of Purchased Parts and Material. Purchased parts and material shall be inspected by the Contractor upon receipt at the Contractor’s facility to ensure conformance with all requirements of the applicable drawings and specifications. Alternatively, the Contractor shall submit, prior to contract award, evidence for Government review and approval of a purchased parts and material system which provides for adequate inspection to ensure parts and material conform with all requirements of the applicable drawings and specifications.

2.5.1. Evidence of such inspections shall be maintained by the Contractor or Subcontractor for Government review at least twelve (12) months following the conclusion of the contract. The inspection report shall, at a minimum, include a record of all dimensional data (coordinate/positional), material, finish, and processes with appropriate pass/fail criteria, such as certifications, and actual dimensional readings.

3.0 INSPECTION PROVISIONS

3.1. Government inspection shall be in accordance with FAR 52.246-2, Inspection of Supplies - Fixed-Price incorporated by reference in Section E, at source by DCMA unless otherwise specified in the contract or as authorized by the Administrative Contracting Officer (ACO) or PCO. Acceptance testing shall be conducted under the surveillance of the DCMA QAR. These tests shall include all tests necessary to assure that the items repaired conform to the performance required to provide Ready For-Issue material.

The DCMA retains the authority to require the Contractor to conduct or reconduct any tests deemed necessary to ensure compliance with the manuals, drawings and specifications applicable to this contract.

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 these addresses:

The text of all FAR, DFARS, and NMCARS provisions and clauses may be accessed electronically at the following links:

https://www.acquisition.gov https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.acquisition.gov/nmcars

The text of DoD Class Deviations may be accessed electronically at the following link:

https://www.acq.osd.mil/dpap/dars/class_deviations.html

NAVSUP and NAVSUP WSS specific Text and Statement of Work Language will be contained in the body of the contract.

CLAUSE NUMBER CLAUSE TITLE CLAUSE DATE

FAR 52.202-1 Definitions JUN 2020

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

FAR 52.204-2 Security Requirements (applicable if contract requires access to classified information)

MAR 2021

FAR 52.204-7 System for Award Management OCT 2018

FAR 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

FAR 52.204-13 System for Award Management Maintenance OCT 2018

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

NOV 2021

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 FAR 52.211-5 Material Requirements (not applicable to Commercial Items) AUG 2000

FAR 52.211-15 Defense Priority and Allocation Requirements APR 2008

FAR 52.211-17 Delivery of Excess Quantities (Applicable to fixed-price for Supplies) SEP 1989

FAR 52.213-3 Notice to Suppliers (applicable to unpriced purchase orders) APR 1984

FAR 52.213-4 Terms and Conditions - Simplified Acquisitions Other Than Commercial Products and Commercial Services NOTE: This clause contains a list of applicable FAR clauses incorporated by reference into this purchase order.

JUN 2023

FAR 52.215-8 Order of Precedence - Uniform Contract Format OCT 1997

FAR 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns

OCT 2022

FAR 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program

OCT 2022

FAR 52.222-29 Notification of Visa Denial APR 2015

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 FAR 52.222-50 Combating Trafficking in Persons NOV 2021

FAR 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021

FAR 52.223-6 Drug-Free Workplace MAY 2001 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020

FAR 52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran-Representation And Certifications (applicable to all acquisitions)

JUN 2020

FAR 52.232-23 Assignment of Claims (applicable >MPT) MAY 2014 FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 FAR 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

FAR 52.239-1 Privacy or Security Safeguards AUG 1996

FAR 52.243-1 Changes - Fixed-Price (applicable to a fixed-price contract for Supplies) AUG 1987

FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services JUN 2023

FAR 52.245-1 Government Property SEP 2021

FAR 52.246-2 Inspection of Supplies - Fixed-Price (applicable to all NAVSUP WSS acquisitions)

AUG 1996

FAR 52.247-29 F.O.B. Origin FEB 2006

FAR 52.247-65 F.O.B. Origin, Prepaid Freight -- Small Package Shipments JAN 1991

FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) (applicable to a fixed-price contract at or below $250K)

APR 1984

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

DFARS 252.204-7000 Disclosure of Information (applicable when KTR will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public)

OCT 2016

DFARS 252.204-7003 Control of Government Personnel Work Product APR 1992

DFARS 252.204-7004 Antiterrorism Awareness Training for Contractor JAN 2023

DFARS 252.204-7006 Billing Instructions MAY 2023

DFARS 252.204-7007 Alternate A, Annual Representations and Certifications (applicable if clause FAR 52.204-7 applies)

MAY 2021

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023

DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023

DFARS 252.204-7021 Cybersecurity Maturity Model Certification Requirements JAN 2023

DFARS 252.204-7022 Expediting Contract Closeout (when the Contracting Officer intends to expedite contract closeout through the mutual waiver of entitlement to a residual dollar amount of $1,000 or less determined at the time of contract closeout)

MAY 2021

DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

DFARS 252.225-7001 Buy American and Balance of Payments Program —BASIC (applicable in place of FAR 52.225-1; applicable unless one or both of the following clauses apply to all items on the acquisition -- 252.225-7021 and/or 252.225-7036)

JAN 2023

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (applicable when one of the following clauses is used -- 252.225-7001, 252.215- 7021 or 252.215-7036)

MAR 2022

DFARS 252.225-7013 Duty-Free Entry DEC 2022

DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (not applicable if the items being acquired do not contain ball and roller bearings, or a waiver has been d i d i h 225 7009 4)

JAN 2023

DFARS 252.225-7021 Trade Agreements —BASIC JAN 2023

DFARS 252.225-7025 Restriction on Acquisition of Forgings DEC 2009

DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (applicable to FMS contracts)

APR 2003

DFARS 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate DEC 2006 DFARS 252.225-7031 Secondary Arab Boycott of Israel JUN 2005 DFARS 252.225-7036 Buy American - Free Trade Agreements - Balance of Payments Program — JAN 2023 DFARS 252.225-7036 Alt

IV

Buy American - Free Trade Agreements - Balance of Payments Program - Alternate IV

JAN 2023

DFARS 252.225-7041 Correspondence in English (applicable when contract performance will be wholly or in part in a foreign t )

JUN 1997

DFARS 252.225-7048 Export Controlled Items JUNE 2013

DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022

DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023

DFARS 252.232-7002 Progress Payments for Foreign Military Sales Acquisitions (applicable to contracts that contain FMS requirements and provide for progress payments)

DEC 1991

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (not applicable if an exception to submission in electronic form at 232.7002(a) applies and instructions for invoices are contained in the contract administration data section of the purchase order)

DEC 2018

DFARS 252.232-7010 Levies on Contract Payments DEC 2006

DFARS 252.235-7003 Frequency Authorization (applicable for testing or operating a device requiring a MAR 2014 DFARS 252.243-7001 Pricing of Contract Modifications (applicable to fixed-price type contracts) DEC 1991

DFARS 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property APR 2012 DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property APR 2012

DFARS 252.245-7002 Reporting Loss of Government Property JAN 2021

DFARS 252.245-7003 Contractor Property Management System Administration APR 2012

DFARS 252.245-7004

(DEV)

Reporting, Reutilization, and Disposal (DEVIATION 2022-O0006) NOV 2021

DFARS 252.246-7003 Notification of Potential Safety Issues (applicable to repairable or consumable parts that are critical safety items, and the repair or overhaul of these parts)

JAN 2023

DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System JAN 2023

DFARS 252.247-7023 Transportation of Supplies by Sea (not applicable for direct purchase of ocean JAN 2023

52.213-4 TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 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).

(iii) 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).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.

(v) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

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

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

(viii) 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).

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

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

(xi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) ( Pub. L. 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (JUN 2023).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)(Pub.

L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)

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

13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii)

(A) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302-5(d)(4). ])

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT

2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405- 2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) 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):

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

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

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

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

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

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

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

DFARS 252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES

(APR 2003) (Applicable to FMS contracts)

(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to—

(1) A bona fide employee of the Contractor; or

(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.

(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:

(1) For sales to the Government(s) of __________, contingent fees in any amount.

(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.

(End of clause)

52.246-11 – HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

The Contractor shall comply with the higher-level quality standard(s) listed below.

The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require—

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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 _____ [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission

(IEC) 16022.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .

“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier;

the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous.

The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html .

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD- 130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material…