MUAS for HC RFP Sections C-M Amendment 1.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution

(ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests.

Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR

33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the

Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the

Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum.

If the protest is filed with an external forum, the agency protest will be dismissed.

https://www.acquisition.gov/?q=browsefar mailto:OPAP@uscg.mil

SECTION C

PERFORMANCE WORK STATEMENT

See Section J, Attachment J-1: Performance Work Statement (PWS) (offeror submission in response to the

Statement of Objectives (SOO), RFP Attachment. J-1) will replace the SOO as Attachment 1 at award).

SECTION D

PACKAGING AND MARKING

Reserved.

SECTION E

INSPECTION AND ACCEPTANCE

E. 1 Clauses incorporated by reference:

52.246-4 Inspection of Services-Fixed-Price. AUG 1996

The Government will use the Quality Assurance Surveillance Plan (QASP) identified in Attachment J-16. The COR will approve all invoices.

SECTION F

DELIVERIES AND PERFORMANCE

F.1 Clauses incorporated by reference:

52.242-15 Stop-Work Order. AUG 1989

52.242-17 Government Delay of Work. APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance for the indefinite delivery indefinite quantity (IDIQ) contract is five (5) ordering periods of twelve (12) months each, from contract award.

Ordering Period Duration

Ordering Period 1 Start at Contract Award + 12 months

Ordering Period 2 Start at End of Ordering Period 1 + 12 months

Ordering Period 3 Start at End of Ordering Period 2 + 12 months

Ordering Period 4 Start at End of Ordering Period 3 + 12 months

Ordering Period 5 Start at End of Ordering Period 4 + 12 months

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Definition of Days

Unless otherwise stated, all references to “days” in this solicitation and its associated attachments refer to calendar days.

In the regard to deployments ordered, “days” includes the date of departure and return in the total amount.

G.2 Authority of Government Personnel

a) The Contracting Officer (KO) is the only person authorized to approve changes in any of the requirements under this contract. In any event, no other individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of this contract.

b) The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. Under no circumstances, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and conditions of this contract be effective or binding upon the

Government unless formalized by proper contractual documents executed by the KO prior to completion of the

c) The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor’s compliance with the contract. To be valid, technical direction by the COR must be consistent with the general scope of the work set forth in this contract.

G.3 Address of Correspondence

All contract correspondence must be forwarded to the Contracting Officer at the following address:

COMMANDANT (CG-9127)

ATTN: MATTHEW L. WALLACE

U.S. COAST GUARD MAIL STOP 7800

2703 MARTIN LUTHER KING JR AVE SE

WASHINGTON DC 20593-7800

E-mail: Matthew.L.Wallace@uscg.mil

G.4 Ordering Procedures

(a) GENERAL. In addition to FAR clause 52.216-18, these Ordering Procedures apply. One or more task orders may be issued during the performance period of this Indefinite Quantity Indefinite Delivery (IDIQ) contract. The

Contractor agrees to accept and perform orders issued by the United States Coast Guard (USCG) Contracting

Officer within the scope of this contract. Except as otherwise provided in any order, the Contractor must furnish all materials and services necessary to accomplish the work specified in each order issued hereunder. It is understood and agreed that the Government has no obligation to issue any orders except the guaranteed minimum order of quantities indicated on the Attachment J-18 Pricing Sheet (Tab 3 Guaranteed Minimum) and Section B. In the event of any ambiguity between any order and the contract, the contract will take precedence. All task orders incorporate all terms of the contract unless otherwise specified in the awarded task order.

(b) MAXIMUM DELIVERY QUANTITY IN AN ORDERING PERIOD. The Government may elect to order more than the Ordering Period estimated quantities on Attachment J-18 Pricing Sheet (Tab 1 Pricing). The successful mailto:Matthew.L.Wallace@uscg.mi

Offeror’s proposal, portions of which may be incorporated into the resultant contract, would be used throughout the life of the contract in the event additional quantities beyond the total contract ceiling amount were ordered.

(c) PRICED ORDERS. Orders for services may be issued by the Contracting Officer at any time during the effective period of this contract. Wherever the word "contract" appears in this clause, or any order pursuant to this clause, it includes within its meaning the word "order," and each order will be considered a separate binding contract as of its effective date. The Contractor must segregate the costs incurred in the performance of any order issued hereunder from the costs of all other orders issued under this contract.

(d) ORDERING. Orders and revisions thereto will be made in writing and be signed by an authorized Contracting

Officer. Each order will:

(1) set forth the services being ordered, and will refer to the appropriate item under Section B, to be based on accepted pricing at time of award of this contract;

(2) set forth quantities being ordered;

(3) set forth delivery or performance dates;

(4) set forth places of performance, to include host cutter name and homeport;

(5) set forth the firm order price;

i Orders for DEPLOYMENTS will use the 15-day DEPLOYMENT CLINs and DAILY

RATE-ANTICIPATED CLINs to total the expected duration of the deployment ordered. The

Government will provide 30-days advance notice prior to deployment start through issuance of a Task Order.

1. If an added quantity of DAILY RATE-ANTICIPATED totals to be more than a single 15-day DEPLOYMENT CLIN, USCG will use the lesser of the two rates, even if additional days may not be used prior to the end of the deployment.

ii If USCG becomes aware of a need to extend a deployment (if known more than 15 days before the end of a current deployment), it will notify the Contractor as soon as practicable and modify the contract to include appropriate pricing for DAILY RATE-ANTICIPATED;

1. If an added quantity of DAILY RATE-ANTICIPATED totals to be more than a single 15-day DEPLOYMENT CLIN, USCG will use the lesser of the two rates, even if additional days may not be used prior to the end of the deployment.

iii If USCG is unable to return a host cutter to port on the anticipated end of the deployment due to unforeseen circumstances, the Contractor must provide an equitable adjustment using the

“DAILY RATE-UNEXPECTED” from the pricing for that deployment to account for unanticipated time deployed.

1. The DAILY RATE-UNEXPECTED rate will not be used, except in extraordinary and extreme circumstances, to add more than 10 days to a given deployment.

(6) set forth appropriation and accounting data for the work being ordered;

(7) indicate if the order is rated in the Defense Priorities and Associations System (DPAS) and provide the

DPAS rating;

(8) be dated;

(9) be identified by number;

(10) set forth any other pertinent information (e.g., anticipated return to other than homeport); and

(11) be issued unilaterally on an OF 347;

(e) ORDERING PERIODS. The Ordering Period active at the start of the task order activity applies to the entire activity for pricing, regardless of whether the order’s performance crosses an ordering period. Examples are below:

• If a Host Cutter Pre-Deployment Installation Support starts in Ordering Period 2 and ends in Ordering

Period 3, the entire Installation will be priced using Ordering Period 2 pricing.

• If a Host Cutter Deployment starts in Ordering Period 2 and ends in Ordering Period 3, the entire

Deployment will be priced using Ordering Period 2 pricing to include Deployment 15 Days, Deployment

Daily Rates, and any requirements for Other Than Home Port Onload/Offload Equipment.

• If a UAS Pilot Training starts in Ordering Period 1 and ends in Ordering Period 2, the entire Training will be priced using Ordering Period 1 pricing.

• If a UAS Mission Coordinator Course starts in Ordering Period 3 and ends in Ordering Period 4, the entire

Course will be priced using Ordering Period 3 pricing.

• If a Host Cutter De-installation starts in Ordering Period 4 and ends in Ordering Period 5, the entire De-installation will be priced using Ordering Period 4 pricing.

G.5 Electronic Submission of Payment Requests (FSMS Awards)

(a) Definitions. As used in these instructions –

(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. In addition, discount offerings and small business status if available must be stated. If travel was allowable and approved, components in accordance with FAR 31.205-46 must be provided.

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

(c) The contractor may submit payment requests using a method other than IPP only when the contracting officer authorizes alternate procedures in writing in accordance with Coast Guard procedures.

(d) If alternate payment procedures are authorized, the contractor must include a copy of the contracting officer’s written authorization with each payment request.

(e) IPP enrollment information is at https://www.uscg.mil/fincen/IPP/.

G.6 Additional Invoicing Instructions

The contractor must also include the following information on all invoices: 1) Name of Contracting Officer; 2)

Invoice Routing Code (IRC), provided as follows: CG-9127; 2) Unique Entity ID (UEI ) Number; 3) Information regarding payment; 4) the CLIN being billed against, the host cutter, and period/dates of deployment, if applicable.

http://www.ipp.gov/ https://www.uscg.mil/fincen/IPP/

G.7 Invoicing Instructions for PRE-DEPLOYMENT INSTALLATION SUPPORT CLINs

In addition to the requirements of Section G.5 and G.6, above, the host cutter and CLIN must be identified in the description on each invoice. The Contractor is allowed to invoice all PRE-DEPLOYMENT INSTALLATION

SUPPORT CLINs on a monthly basis at 1/12th of the CLIN value each month. The Contractor may begin such installment invoicing upon receiving a Task Order including a PRE-DEPLOYMENT INSTALLATION SUPPORT

CLIN and upon commencement of the installation, but the Contractor must invoice for any remaining amount upon completion of the installation. Each monthly payment prior to completion will include a 10% withhold that will be payable in full upon completion of the Installation. To further clarify, the Contractor must invoice the full balance of the CLIN (CLIN value less monthly payments invoiced to date) upon completion of the installation.

G.8 Invoicing Instructions for DEPLOYMENT CLINs

In addition to the requirements of Section G.5 and G.6, above, invoices for deployment must identify the host cutter as well as the period of deployment (specific dates/number of days). Contractors may invoice for completed 15-day portions of deployments on a monthly basis.

For example, United States Coast Guard Cutter (USCGC) JAMES conducted a 65-day deployment leaving from, and returning to, home port. The task order was awarded using the DEPLOYMENT 15-DAY CLIN and the DEPLOYMENT DAILY RATE – ANTICIPATED CLIN. The invoice must include the following information:

-CLIN 0012 Deployment JAMES period 5/1/26 through 6/29/26 (60 days).

-CLIN 0022 Deployment JAMES period 6/30/26 through 7/4/26 (5 days).

For example, USCGC JAMES conducted a 65-day deployment leaving from, and returning to, home port.

The task order was awarded for a 60-day deployment using the DEPLOYMENT 15-DAY CLIN, but the deployment was extended to 65 days by the USCG due to unforeseen circumstances, and the Contractor submitted a request for equitable adjustment using the DEPLOYMENT DAILY RATE – UNEXPECTED

CLIN, after which a task order modification was awarded.

-CLIN 0013 Deployment JAMES period 10/1/26 through 11/29/26 (60 days)

-CLIN 0033 Deployment JAMES period 11/30/26 through 12/4/26 (5 days)

G.9 Invoicing Instructions for OTHER THAN HOME PORT ONLOAD/OFFLOAD EQUIPMENT CLINs

In addition to the requirements of Section G.5 and G.6, above, invoicing for OTHER THAN HOME PORT

ONLOAD/OFFLOAD EQUIPMENT CLINs must be included on the same invoice as the corresponding

DEPLOYMENT CLINs. The host cutter must be referenced along with the date and location of onload/offload of the equipment.

For Example: USCGC JAMES completes a 60-day deployment, but returns to Mayport, FL – not the cutter’s homeport. The invoice must include the following information:

-CLIN 0014 Deployment JAMES period 5/1/28 6/29/28 (60 days)

-CLIN 0044 JAMES offload equipment 6/29/28; Mayport, FL.

G.10 Invoicing Instructions for UAS PILOT TRAINING and UAS MISSION COORDINATOR COURSE

CLINs

In addition to the requirements of Section G.5 and G.6, above, invoices for training services ordered must be submitted only after the training is complete. Invoices for training services must identify the host cutter which required the training(s), and a certificate of training completion must be attached.

For example. One UAS Pilot Training and three UAS Mission Coordinator Course were completed for the

USCGC JAMES. The invoice must include the following information:

-CLIN 0051 UAS PILOT TRAINING JAMES (1)

-CLIN 0062 UAS MISSION COORDINATOR COURSE JAMES (3)

G.11 Invoicing Instructions for DE-INSTALLATION CLINs

In addition to the requirements of Section G.5 and G.6, above, invoicing for DE-INSTALLATION CLINs may be submitted only after the services are to be completed. Invoices for DE-INSTALLATION services must identify the host cutter and date of completion.

For example: USCG ordered De-installation services for USCGC JAMES. The services were completed on 10/15/28. The invoice must include the following information:

-CLIN 0075 De-installation JAMES completed 10/15/28.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. SECURITY

The Contractor shall be responsible for ensuring the proper safeguards to conduct Intelligence, Surveillance and

Reconnaissance (ISR) Services, which process classified or sensitive information, and for the protection of any classified or sensitive information or privacy used for these purposes. Contractor personnel shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

H.2 Classified Contract Information

Classified information is Government information, which requires protection in accordance with Executive Order

13526, “Classified National Security Information, and supplemental directives. The Contractor shall abide by the requirements set forth in the DD Form 254, Contract Security Classification Specification, an attachment to the contract, and the National Industrial Security Program Operating Manual (NISPOM), 32 CFR Part 117 for protection of classified information, as directed by the Federal Acquisition Regulation (FAR) Clause 52.204-2, “Security Requirements (Mar 2021).”

The Contractor must possess at least a SECRET Facility Clearance (FCL) for condition of this contract at the time of award. Any subcontractors identified for approval must possess a FCL at the appropriate classification to support classified-related tasks. There is no safeguarding requirement for the contractor to process or store classified information at company owned facilities.

Cleared contractor personnel must hold U.S. citizenship and must possess a final SECRET Personnel Clearance

(PCL) to work at government locations and various deployed host cutters. Access to classified information cannot be precluded by escorting personnel due to the nature of work. Classification markings on the material to be furnished will provide the classification guidance necessary for the performance of this contract.

Contractor personnel must maintain a SECRET clearance for the life of the contract. Contractor will provide staff cleared at the appropriate level to perform the work. The contractor must provide a list of employees’ PCL with assigned functions to the COR. The contractor will advise the COR & KO immediately upon reassignments of personnel to other duties not associated with this contract.

Cleared contractor personnel working this contract must have a Classified Information Non-Disclosure Agreement

(SF-312) properly executed by their contracting company’s Facility Security Officer (FSO) and file with their clearance granting authority. Contractor must adhere to the Security Executive Agent Directive [SEAD 3] according to NISPOM, 32 CFR Part 117. SEAD 3 requires reporting by all contractor cleared personnel to report specific activities that may adversely impact their continued national security eligibility, such as reporting of foreign travel and foreign contacts.

H.3 Government Location

Contractor personnel working under this Contract, at a minimum, must have a favorable fingerprint check and have the minimum Tier 1 investigation initiated and completed to obtain a DoD Common Access Card (CAC) for physical and logical access to government installation and IT assets. Any access to classified information, the contractor personnel must have a completed background investigation at the Tier 3 standard.

Contractor personnel working on-site at Government facilities must comply with all installation security requirements and all security regulations and directives for this contract (i.e., security and safety, visit request, badging, escorted/unescorted, training, day-to-day requirements, etc.). Classified visit requests must contain the information required by the NISPOM.

H.4 Communication Security (COMSEC) / Security Assets

Contractor is authorized to access Government furnished cryptographic equipment (i.e. classified and unclassified) to support operational missions of the host cutters. COMSEC material must be handled and safeguarded based on its assigned classification level. Access to classified COMSEC information requires a final U.S. government clearance at the appropriate level, including a Cryptographic Access Briefing. Further disclosure of COMSEC information by a contractor, to include subcontracting, requires prior approval of the USCG.

H.5 Access Classified Data

Contractor shall have access to National Intelligence Information (Non-SCI) and North Atlantic Treaty Organization

(NATO) information. Prior approval of USCG is required for subcontracting to impose NATO requirements or grant

NATO access to a subcontractor.

Contractor personnel shall have a final security clearance and briefing at the appropriate level to access such information. Any handling of classified material shall be safeguarded at the highest level of classification based on the classification guidance provided through existing classified sources. Contractor shall NOT disseminate any classified information outside the execution of the defined contract requirements.

H.6 Safeguarding Sensitive Information Requirements

Contractor must protect all sensitive information (e.g., For Official Use Only, etc.,) to which they have access under this contract. All Contractor employees with access to sensitive information shall execute DHS Form 11000-6, Department of Homeland Security Non-Disclosure Agreement (NDA), as a condition of access to such information.

The Contractor shall maintain signed copies of the NDA for all employees as a record of compliance. The

Contractor shall provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) days after execution of the form.

Sensitive information must be protected in accordance with DHS Class Deviation 15-01, Revision 1 for proper handling and safeguarding of the security of all such USCG information, as defined in the terms and conditions of this Contract.

Any access to data, categorized as Controlled Unclassified Information (CUI), must adhere to the cognizant servicing agency’s guidance to handle such information.

H.7 Security Deliverables

The contractor is responsible for controlling and safeguarding FOUO information in accordance with DHS MD

11042.1, “Safeguarding SBU/FOUO information.” Contractor shall provide an OPSEC Plan detailing how Sensitive but Unclassified/For Official Use Only material will be handled, discussed, disseminated and protected by their employee within 45 days after contract award. Contractor’s existing plans are acceptable.

Contractor shall provide a Training Plan detailing how procedures are implemented for employee’s security briefings and certification that appropriate employees have executed a current SF-312 according to the NISPOM within 45 days after contract award. Contractor’s existing plans are acceptable.

H.8 DPAS Jurisdiction

Task orders under this contract may include a priority rating under the Defense Priorities and Allocations System

(DPAS) regulation (15 C.F.R., Part 700). Anyone receiving a DPAS rated order is required to follow all provisions of the DPAS regulation. The priority rating will be provided on the OF 347 when the task order is issued.

SECTION I

CONTRACT CLAUSES

I.1 Clauses incorporated by reference.

Provision or Clause Effective Date

52.202-1 Definitions. JUN 2020

52.203-3 Gratuities. APR 1984

52.203-5 Covenant Against Contingent Fees. MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government. JUN 2020

52.203-7 Anti-Kickback Procedures. JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity.

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. MAY 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct. NOV 2021

52.203-14 Display of Hotline Poster(s). NOV 2021

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements.

JAN 2017

52.204-2 Security Requirements. MAR 2021

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper.

MAY 2011

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards.

JUN 2020

52.204-13 System for Award Management Maintenance. OCT 2018

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

Contracts.

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance. AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters.

OCT 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. NOV 2015

52.210-1 Market Research. NOV 2021

52.215-2 Audit and Records-Negotiation. JUN 2020

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

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other

Than Certified Cost or Pricing Data-Modifications.

NOV 2021

52.219-8 Utilization of Small Business Concerns. SEP 2023

52.219-9 Small Business Subcontracting Plan. SEP 2023

52.219-16 Liquidated Damages-Subcontracting Plan. SEP 2021

52.219-28 Post-Award Small Business Program Rerepresentation. SEP 2023

52.222-3 Convict Labor. JUN 2003

52.222-21 Prohibition of Segregated Facilities. APR 2015

52.222-26 Equal Opportunity. SEP 2016

52.222-35 Equal Opportunity for Veterans. JUN 2020

52.222-36 Equal Opportunity for Workers with Disabilities. JUN 2020

52.222-37 Employment Reports on Veterans. JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act.

DEC 2010

52.222-41 Service Contract Labor Standards. AUG 2018

52.222-42 Statement of Equivalent Rates for Federal Hires. MAY 2014

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts).

AUG 2018

52.222-50 Combating Trafficking in Persons. NOV 2021

52.222-54 Employment Eligibility Verification. MAY 2022

52.222-55 Minimum Wages for Contractor Workers Under Executive Order

14026.

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706. JAN 2022

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts.

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information. MAY 2011

52.223-6 Drug-Free Workplace. MAY 2001

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving.

JUN 2020

52.224-3 Privacy Training JAN 2017

52.225-5 Trade Agreements. DEC 2022

52.225-13 Restrictions on Certain Foreign Purchases. FEB 2021

52.227-1 Authorization and Consent. JUN 2020

52.227-14 Rights in Data-General. MAY 2014

52.227-23 Rights to Proposal Data (Technical). JUN 1987

52.228-5 Insurance-Work on a Government Installation. JAN 1997

52.229-3 Federal, State, and Local Taxes. FEB 2013

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation. JUN 2020

52.229-12 Tax on Certain Foreign Procurements. FEB 2021

52.232-1 Payments. APR 1984

52.232-8 Discounts for Prompt Payment. FEB 2002

52.232-9 Limitation on Withholding of Payments. APR 1984

52.232-11 Extras. APR 1984

52.232-17 Interest. MAY 2014

52.232-23 Assignment of Claims. MAY 2014

52.232-25 Prompt Payment. JAN 2017

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management.

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations. JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. MAR 2023

52.233-1 Disputes (MAY 2014) Alternate I (DEC 1991) DEC 1991

52.233-3 Protest after Award. AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. APR 1984

52.237-3 Continuity of Services. JAN 1991

52.242-5 Payments to Small Business Subcontractors. JAN 2017

52.242-13 Bankruptcy. JUL 1995

52.243-1 Changes-Fixed Price (AUG 1987) Alternate I (APR 1984) APR 1984

52.244-6 Subcontracts for Commercial Products and Commercial Services. SEP 2023

52.246-25 Limitation of Liability-Services. FEB 1997

52.247-63 Preference for U.S.-Flag Air Carriers. JUN 2003

52.248-1 Value Engineering. JUN 2020

52.249-2 Termination for Convenience of the Government (Fixed-Price). APR 2012

52.249-8 Default (Fixed-Price Supply and Service). APR 1984

3052.203-70 Instructions for Contractor Disclosure of Violations SEP 2012

3052.205-70 Advertisements, Publicizing Awards, and Release (SEP 2012)

Alternate I (SEPT 2012)

SEP 2012

3052.223-90 Accident and Fire Reporting (USCG) DEC 2003

3052.228-70 Insurance DEC 2003

3052.242-72 Contracting Officer’s Representative DEC 2003

3052.249-90 Contract Termination (USCG) MAR 2023

I.2 Clauses incorporated by full text.

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

Whistleblower Rights (Sept 2013) (DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section

827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

(DEVIATION 20-05)

(a) Definitions. As used in this clause-

"Covered article" means any hardware, software, or service that-

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

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

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

"Covered entity" means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal

Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security

Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05 REV 2) (DEC 2020)

(a) Definitions. As used in this clause-

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

"Covered foreign country" means The People's Republic of China.

"Covered telecommunications equipment or services" means-mailto:Incidents@hq.dhs.gov https://dibnet.dod.mil/

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

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

Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Critical technology" means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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

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

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

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

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).

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

"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph

(c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4 .2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting

Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hg.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting

Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

mailto:NDAA_Incidents@hg.dhs.gov

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING

DATA-MODIFICATIONS (OCT 2021) (DEVIATION 22-03)

a) This clause shall become operative only for any modification to this contract involving a pricing adjustment expected to exceed $2 million on the date of execution of the modification, except that this clause does not apply to any modification if an exception under Federal Acquisition Regulation (FAR) 15.403-l(b) applies.

b) If any price, including profit or fee, negotiated in connection with any modification under this clause, or any cost reimbursable under this contract, was increased by any significant amount because—

1) The Contractor or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data;

2) A subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data; or

3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) of this clause.

c) Any reduction in the contract price under paragraph (b) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which

1) The actual subcontract price; or

2) The actual cost to the Contractor, if there was no subcontract awarded, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective certified cost or pricing data.

d)(1) If the Contracting Officer determines under paragraph (b) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense:

i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted.

ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer.

iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract.

iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data.

2)(i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if—

A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and

B) The Contractor proves that the certified cost or pricing data were available before the "as of' date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date.

ii) An offset shall not be allowed if

A) The understated data were known by the Contractor to be understated before the "as of' date specified on its Certificate of Current Cost or Pricing Data; or

B) The Government proves that the facts demonstrate that the contract price would not have increased in the amount to be offset even if the available data had been submitted before the "as of' date specified on its

Certificate of Current Cost or Pricing Data.

e) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the

United States at the time such overpayment is Repaid

1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26

U.S.C. 662l(a)(2); and

2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent.

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA MODIFICATIONS (OCT 2021)

(DEVIATION 22-03)

a) The requirements of paragraphs (b) and (c) of this clause shall

1) Become operative only for any modification to this contract involving a pricing adjustment expected to exceed $2 million on the date of execution of the modification; and

2) Be limited to such modifications.

b) Before awarding any subcontract expected to exceed $2 million, on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed $2 million, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing, in accordance with Federal Acquisition Regulation (FAR) 15.408, Table 15-2

(to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-l(b) applies. If the $2 million threshold for submission of certified cost or pricing data is adjusted for inflation as set forth in FAR l.109(a), then pursuant to FAR l.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment.

c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in FAR 15.406-2 that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the…