Boilerplate.pdf

ORDER FOR SUPPLIES OR SERVICES PAGE 1 OF

(Contractor must submit four copies of invoice.)

1.CONTRACT/PURCH ORDER NO. 2.DELIVERY ORDER NO. 3.DATE OF ORDER

(YY/MM/DD)

4.REQUISTION/PURCH REQUEST NO. 5.PRIORITY

N0038325PR0R504

6.ISSUED BY CODE N00383 7.ADMINSTERED BY (If other than 6) CODE

NAVSUP WSS

700 Robbins Avenue Philadelphia, PA 19111

8.Delivery

FOB

DEST

OTHER

Buyer: Code: (See Schedule if other)

Email:

Phone: SCD:

9.CONTRACTOR CODE FACILITY CODE 10.DELIVER TO FOB POINT BY 11.X IF

BUSINESS IS

SMALL

SMALL DISAD

VANTAGED

WOMEN-OWNED

NAME AND

ADDRESS

ATTENTION TO:

12.DISCOUNT TERMS

DUNS #:

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 issues on another government agency or in accordance with and subject to terms and conditions of above numbered contract.

PURCHASE

Reference your furnish the following on terms specified herin

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:

17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE

SEE SCHEDULE

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.

24.UNITED STATES OF AMERICA 25.TOTAL

26.DIFFERENCE

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. INITIALS

PARTIAL

FINAL

32. PAID BY 33.AMOUNT VERIFIED CORRECT FOR

f. TELEPHONE NUMBER g. E-MAIL ADDRESS

31. PAYMENT 34. CHECK NUMBER

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

PARTIAL

FINAL

a.DATE

(YYYYMMMDD)

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

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

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NSN/PART NUMBER and NOMENCLATURE

MILSTRIP(TR)/Serial Number

NSN:

Part Number:

RMC:

Nomenclature:

Serial Number: EA

RTAT:

Throughput Constraint:

Induction Exp.

Date.:

TOTAL

FMS Case:

Ship To:

Mark For:

SUPPAD:

TRANSPORTATION SCHEDULE INSTRUCTIONS:

In accordance attached packaging sheet

REPLACEMENT COST/STANDARD PRICE:

NSN 7540-01-152-8067 OPTIONAL FORM 336(4-86)

Sponsered by GSA FAR (48 CFR) 53.110

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

NOV 2023

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 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 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.

FEB 2024

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 52.223-3 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 https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.acquisition.gov/nmcars https://www.acq.osd.mil/dpap/dars/class_deviations.html

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 52.239-1 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 FEB 2024

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 52.246-11 Higher-Level Contract Quality Requirement DEC 2014

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-Cost Vouchers MAY 2023

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

MAY 2021

DFARS 252.204-7019 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)

FEB 2024

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 granted in accordance with 225.7009-4)

JAN 2023

DFARS 252.225-7021 Trade Agreements —BASIC FEB 2024

DFARS 252.225-7025 Restriction on Acquisition of Forgings DEC 2009

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 —

FEB 2024

DFARS 252.225-7036 Alt

IV

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

FEB 2024

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

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 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (not li bl if i b i i i l i f 232 7002( )

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 252.245-7003 Contractor Property Management System Administration APR 2012

DFARS 252.245-7005 Management and Reporting Government Property JAN 2024

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) https://www.acquisition.gov/dfars/225.7009-4-waiver.#DFARS-225.7009-4

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

ORDER PROCESSING

1. Unless stated otherwise, the unit prices and total amounts shown are not Firm Fixed Prices but are Monetary Limitations. The contractor shall submit a price proposal and firm delivery to the NAVSUP Weapon Systems Support (NAVSUP WSS), Attn: to the Buyer listed in Block 6 on Page 1 within 45 days after the date of this order or receipt of the unit(s) whichever is later, but in any event prior to 40% completion of the required repairs. In no event shall the total value of the order exceed $250,000.00.

2. In cases of Monetary Limitation Orders, upon mutual agreement, a Standard Form 30, Amendment of Solicitation/Modification of Contract, shall be issued by the NAVSUP WSS establishing the firm fixed unit prices and delivery schedule for the articles to be serviced. The prices agreed to by the NAVSUP WSS or the prices established pursuant to FAR 52.233-1 "Disputes" clause shall be the contract prices.

3. Limitation of Liability for Monetary Limitation Orders. Prior to the approval of prices on this order, the contractor shall be permitted to stop work at any time it is reasonably estimated that the costs incurred with respect to this order, plus termination expense and profit, will exceed the monetary limitation set forth on page 1 of this order. In the event the contractor so stops work on this order, he shall promptly notify the NAVSUP WSS, Attn: to the Buyer listed in Block 6 on Page 1 of the amount of increase in monetary limitation which is reasonably required in order for the contractor to proceed further with the order. The Government shall not be obligated under any provisions of this order to pay the contractor any amount in excess of the monetary limitation as stated on page 1 of this order, if the prices have not been approved via Standard Form 30, Amendment of Solicitation/Modification of Contract

4. Limitation of Articles to Be Serviced. The contractor shall not begin servicing of any article(s) where the total price to the Government (labor and parts) is reasonably expected to exceed 80% of the item replacement cost as shown below. Furthermore, whenever it becomes apparent, prior to the submission of the quotation, that the cost for completing the servicing of any article(s) will exceed the foregoing figure, the contractor will discontinue the servicing of such articles. In either of the foregoing events, the contractor shall promptly advise the NAVSUP WSS, Attn: to the Buyer listed in Block 6 on Page 1 with a copy to the Procuring Contracting Officer (PCO), of the estimated cost of servicing such article. The contractor will subsequently be advised by NAVSUP WSS PCO, if the article is to be serviced notwithstanding that the price for such servicing will exceed the figure above, or if determination is that servicing is to be discontinued. If the servicing is to be discontinued, NAVSUP WSS PCO will provide disposition instructions for the item.

ITEM REPLACEMENT COST *

0001 ____________________

*To be used for identification of Beyond Economical Repair (BER) units only, the replacement cost cited above is the latest replacement cost in NAVSUP WSS files. This figure shall be used for the purposes of this clause unless the contractor notifies the contracting officer in writing and both parties agree in writing to an updated replacement cost based on production run quantities of a new article in a configuration similar to the configuration of the article to be serviced.

WORK STATEMENT SPECIFICATIONS

1. The Contractor shall repair and/or modify subject equipment to a ready for issue serviceable operating condition and insure optimum reliability for the intended use in accordance with the applicable drawings/specifications established. The RFI/modified units shall be in accordance with the latest approved configuration.

2. Functions required to accomplish the above shall basically consist of the following tasks:

(a) Clean, visually inspect and bench test.

(b) Disassemble to the extent necessary to inspect for needed repairs, processes and parts or subassemblies required.

(c) Perform necessary repairs including rework and/or replace of parts of subassemblies.

(d) Reassemble, perform calibration, functionally test, perform acceptance inspection and prepare for shipment

3. Services required to accomplish the above objectives shall be IAW the contractor's established industrial shop methods/procedures and special tools and test equipment developed.

4. Service changes, bulletins, or modifications except as specified herein shall not be incorporated by the contractor under the contract without prior approval from the contracting officer.

5. Repair Parts and/or subassembly replacement:

(a) Parts and/or subassembly replacement shall be in accordance with the applicable drawings and specification.

(b) Parts and/or subassemblies determined jointly, by the cognizant Government inspector and the contractor, to be economically repairable shall be reworked by the contractor and used in so far as practical in lieu of using new parts.

6. Prior to induction for repair, the DCMC (QAR) must approve or disapprove the rejection of any item determined by the contractor as being beyond the limits for refurbishing.

7. Clause 52.246-2 Inspection of Supplies-Fixed-Price is applicable to this order.

8. The contractor is _____ is not __X__ required to provide a list of failed/replaced parts associated with the repair and or modification of the articles under this order. Any additional cost for this effort should be included in the repair price. The list will be forwarded in the same envelope that contains the DD250's that accompany the repaired unit during shipment.

WARRANTY FOR OVERHAUL AND REPAIR

1. Notwithstanding inspection and acceptance by the government of articles or services furnished under this contract or any provision of this contract concerning the conclusiveness thereof, the contractor warrants that at the time of delivery:

(a) Any part furnished or work done under this contract will be free from defects in material and workmanship and will conform with the specifications and all other requirements of this contract, and

(b) The preservation packaging, packing, and marking and the preservation for, and method of, shipment of any repaired or overhauled article will conform with the requirements of this contract.

2. Within one year after the delivery of any article repaired or overhauled under this contract, written notice may be given by the government to the contractor of any breach of the warranties in paragraph (1) of this clause as to such article. Within a reasonable time after such notice , the contracting officer shall advise the contractor either (I) that the contractor shall correct or reperform any defective or nonconforming services and replace any defective or nonconforming parts, or (II) that the government does not require correction or reperformance or services or replacement of parts. If the contractor is required to correct or reperform services or replace parts, it shall be at no cost to the government. If the contractor fails or refuses to correct or reperform services or to replace parts, the contracting officer may, by contract or otherwise, correct or replace with similar services and parts and charge to the contractor the cost occasioned to the government thereby or obtain an equitable adjustment in the contract price. If the government does not require correction or reperformance or services or replacement of parts, the contracting officer shall make an equitable adjustment in the contract price. Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the disputes clause of this contract.

3. When return, correction, or replacement is required, transportation charges and responsibility for such articles or part thereof while in transit shall be borne by the contractor. However, the contractor’s liability for such transportation charges shall not exceed any amount equal to the cost of the transportation by usual commercial method of shipment between the place of delivery specified in this contract and the contractor’s plant, and return.

4. In lieu of the warranty marking labels contained in MIL-STD-129, the following warranty label shall be used:

Warranted at time of delivery, notification of breach of warranty required within 1 year of last actual delivery under this contract. Actual deliveries may differ from scheduled delivery schedules. Last scheduled delivery date:

OR

Warranted at time of delivery, notification of breach of warranty required within 1 year of the last delivery under this contract. Last delivery date:

5. Any articles or parts thereof corrected or furnished in replacement pursuant to this clause shall also be subject to all provisions of this clause to the same extent as items initially delivered. The warranty with respect to such articles or parts thereof shall be at the time of delivery, and any notice of breach of warranty shall be given in accordance with paragraph (2) above.

6. All implied warranties of merchantability and fitness for a particular purpose are hereby excluded from any obligation contained in this contract.

7. The rights and remedies of the government provided in this clause are in addition to and do not limit any rights afforded to the government by any other clause of this contract.

CONTRACT ADMINISTRATION

1. Nonconforming supplies as defined in FAR 46.101 will not be accepted without approval of the Procuring Contracting Officer (PCO). .

2. The Administrative Contracting Officer (ACO) shall determine and insure that:

(a) All units determined by the contractor to be beyond economical shall bear a confirmation by the DCMC QAR or ACO and shall accompany the contractor's evaluation to the NAVSUP WSS Procuring Contracting Officer (PCO), ATTN: to the Buyer listed in Block 6 on Page 1

(b) A copy of the DD Form 250 entitiled "Material Inspection and Receiving Report" with the acceptance block signed by the authorized Government representative shall be packaged with each unit processed under this order.

(c) The contractor shall not incorporate any newly proposed modifications or changes into the items inducted under this order without prior approval of the NAVSUP WSS Procuring Contracting Officer (PCO).

(d) Each DD-Form 250 issued under this order shall bear the notation "Commercially Serviced Material."

(e) Any requests for additional funding above the established monetary limitation of this order, with appropriate reasons for the addition, to NAVSUP WSS, ATTN: to the Buyer listed in Block 6 on Page 1

(f) The completed units shall be identified by adding a decal or suitable marking on each unit in an easily accessible location and shall contain the following information:

(i) Contractor's name, federal manufacturer code or trademark.

(ii) Completion date of repair/work.

(iii) Contract number.

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUN 2020) (Applicable at or above $30K)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that would benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect cost.

“Month of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause required the disclosure of classified information.

(d)

(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first tier subcontract. (The Contractor shall follow the instruction at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract valued at or above the threshold specified in FAR 4.1403(a) on the date of subcontract award, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at https://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value below the threshold in FAR 4.1403(a), on the date of subcontract award, to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)

(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

https://www.fsrs.gov/ http://www.sec.gov/answers/execomp.htm

Any contract awarded as a result of this solicitation will be a DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

FAR 52.219-13 – NOTICE OF SET-ASIDE OF ORDERS (MAR 2020)

(a) The contracting officer may set aside orders for the small business concerns identified in 19.000(a)(3).

(b) The contracting officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

(End of clause)

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

(applicable > MPT when performance is in the USA or its outlying areas)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph

(f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.acquisition.gov/far/part-52#FAR_52_217_8 https://www.ecfr.gov/current/title-13/part-121 https://www.acquisition.gov/far/part-19#FAR_19_000

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph

(c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13

CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .] https://www.acquisition.gov/far/part-19#FAR_19_000 https://www.sba.gov/document/support--table-size-standards https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(9) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ Contractor to sign and date and insert authorized signer's name and title.____________________________ ]

(End of clause)

FAR 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING

POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

(a) Definitions. As used in this clause–

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide’s Global warming potential is defined as 1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower Global warming potential. The SNAP list of alternatives is found at 40 CFR Part 82 subpart G with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.

Ozone-depleting substance, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or http://www.epa.gov/snap/

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C.7671j(b), (c), (d), and (e) and 40 CFR part 82, subpartE, as follows:

Warning

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall–

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by–

(i) Type of hydrofluorocarbon (e.g., HFC-134 a, HFC-125, R-410 A, R-404 A, etc.);

(ii) contract number; and

(iii) Equipment/appliance;

(2) Report that information to the contracting officer for FY16 and to www.sam.gov, for FY17 and after–

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA’s SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82 subpart G with supplemental tables available at http://www.epa.gov/snap.

(End of clause)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

(a) Definition. “Covered DoD official,” as used in this clause, means an individual that—

(1) Leaves or left DoD service on or after January 28, 2008; and

(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served— http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/ http://www.epa.gov/snap http://www.epa.gov/snap

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C.

2105(c).

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (OCT 2016)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” “covered defense information,” “cyber incident,” “information system,” and “technical information” are defined in clause 252.204-7012 , Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 , shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012 (b)(2)—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7012 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7012 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7012 http://dx.doi.org/10.6028/NIST.SP.800-171

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (JAN 2023)

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the…