Combined Synopsis.pdf

Combined/Synopsis Solicitation

IAW FAR 12.603

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ), in accordance with FAR Parts 12 and 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-05, effective 05/22/2024, Defense Federal Acquisition Regulation Public Notice 04/25/2024 and Department of the Air Force Federal Acquisition Circular 07/07/2023.

Solicitation number: FA558724Q0045 North American Industry Classification System Code (NAICS): 332312 Size standard: N/A Type of set-aside: Due to overseas location, no set-aside will be used in accordance with FAR 19.000(b)(1)(ii).

The 48th Fighter Wing Program Integration Office has a requirement for Blast Cabinets that meets the minimum specifications outlined in the Statement of Work (SOW).

Please see:

Attachment 0001 – Statement of Work Attachment 0002 – Quote Sheet

Provision 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.

Addendum to 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.

Provision 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

Addendum to 52.212-2, Evaluation - Commercial Items (Oct 2014), applies to this acquisition.

Provision 52.212-3 Alternate I, Offeror Representations and Certifications – Commercial Items, or a cage code proving an active System for Award Management registration, shall be submitted with all offers.

Clause 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this acquisition.

Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items applies to this acquisition.

Questions must be submitted and received by the Points of Contact listed below no later than 14:30 GMT on Monday 17 June 2024. Questions received after this deadline will not be reviewed or considered.

Quotes must be received no later than 14:30 GMT on Monday 24 June 2024 by the 48th Contracting Squadron, via email to the following Points of Contact (POCs):

Primary: Patsy Hereford-Goesmann Secondary: MSgt Jaime Compean Email: patsy.hereford.goesmann.1@us.af.mil Email: jaime.compean@us.af.mil mailto:patsy.hereford.goesmann.1@us.af.mil mailto:jaime.compean@us.af.mil

Solicitation/Contract Form

48FW PIO Blast Cabinets

Product Service Code: 8010 Date: 02 May 2024

FA558724Q00450001

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

FY24 F8040 F35 FM9 FF&E PROCUREMENT

1690 BLAST CABINETS

Product Type Code: 3426 Product Service Code: 3426 Pricing Arrangement: Firm Fixed Price

1 Each

Description/Specifications/Statement of Work

Requirements

FY24 F8040 F35 FM9 FF AND E PROCUREMENT 1690 BLAST CABINETS

Packaging and Marking

Inspection and Acceptance

Deliveries or Performance

Delivery Estimated By Delivery Date 30 Sep 2024

Contractor Destination

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Estimated By Delivery Date 30 Sep

1 Each Ship To DoDAAC: F2P0CC CountryCode: USA

F2P0CC 48 FW CC CCA

AF BPN NO MILSBILLS PROCESSES, UNIT

APO, AE 09461-5210

UNITED STATES

Ann Dix Email: ann.dix.gb@us.af.mil Telephone: 314-238-4903

FoB Details Contractor Destination

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

N/A

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA5587 Admin DoDAAC FA5587 Inspect By DoDAAC F2P0CC Ship To Code F2P0CC Ship From Code N/A Mark For Code F2P0CC Service Approver (DoDAAC) F2P0CC Service Acceptor (DoDAAC) F2P0CC Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

jaime.compean@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

Contract Clauses

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in , insert the following provision: (c)4.2105

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause , Prohibition on for Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-25 Contracting

(b) Procedures. The review the list of excluded parties in the ) ( ) for entities Offeror shall System for Award Management (SAM https://www.sam.gov excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The represents that it does, does not provide covered telecommunications equipment or services as a part of its offered Offeror or services to the Government in the performance of any contract, subcontract, or other contractual instrument.products

(2) After conducting a reasonable inquiry for purposes of this representation, the represents that it does, does not use covered offeror telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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

As prescribed in , insert the following provision: (a)29.402-3

Tax on Certain Foreign --Notice and Representation (Jun 2020) Procurements

(a) Definitions. As used in this provision--

Foreign person means any person other than a . United States person

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign party that is for goods, contracting manufactured or produced, or services provided in a foreign country that is not a party to an international agreement with the procurement United

. For purposes of the prior sentence, a foreign country does not include an outlying area.States

United States person as defined in (a)(30) means 26 U.S.C. 7701

(1) A citizen or resident of the ; United States

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of (a)(31)); and 26 U.S.C. 701

(5) Any trust if-

(i) A court within the is able to exercise primary supervision over the administration of the trust; and United States

(ii) One or more have the authority to control all substantial decisions of the trust. United States persons

(b) Unless exempted, there is a 2 percent tax of the amount of a on any receiving such specified Federal procurement payment foreign person payment. See and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7. 26 U.S.C. 5000C

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The would an exemption Offeror claim from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Party Contracting

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https://www.acquisition.gov/far/subpart-4.21#FAR_4_2105 https://www.acquisition.gov/far/subpart-52.2#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/subpart-29.4#FAR_29_402_3 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim

Receiving Federal Payments, available via the internet at . Any exemption claimed and self-certified on the IRS Form Procurement www.irs.gov/w14 W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS. 26 U.S.C. 5000C

(d) For purposes of withholding under , the represents that 26 U.S.C. 5000C Offeror

(1) It is is not a ; and foreign person

(2) If the indicates "is" in paragraph (d)(1) of this provision, then the represents that--I am claiming on the IRS Form W-14 a full Offeror Offeror exemption, or partial or no exemption [ select one] from the excise tax. Offeror shall

(e) If the represents it is a in paragraph (d)(1) of this provision, then-- Offeror foreign person

(1) The clause at FAR , Tax on Certain Foreign , will be included in any resulting contract; and 52.229-12 Procurements

(2) The submit with its the IRS Form W-14. If the IRS Form W-14 is not submitted with the , exemptions will not be applied Offeror shall offer offer to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the will be subject to Offeror Offeror withholding in accordance with the clause at FAR , Tax on Certain Foreign , in any resulting contract. 52.229-12 Procurements

(g) A taxpayer , for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a may private letter ruling. Also, the IRS publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related may statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to . https://www.irs.gov/help/tax-law-questions

(End of provision)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

As prescribed in , insert the following clause: (b)9.108-5

Prohibition on with Contracting Inverted Domestic Corporations (Nov 2015)

(a) Definitions. As used in this clause-

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395 (b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another of a parent corporation. subsidiary

(b) If the contractor reorganizes as an or becomes a of an at any time during inverted domestic corporation subsidiary inverted domestic corporation the period of performance of this contract, the Government be prohibited from paying for Contractor activities performed after the date when it may becomes an or . The Government seek any available remedies in the event the Contractor fails to inverted domestic corporation subsidiary may perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at . 9.108-2

(d) In the event the Contractor becomes either an , or a of an during contract inverted domestic corporation subsidiary inverted domestic corporation performance, the Contractor give written notice to the within five business days from the date of the inversion event. shall Contracting Officer

(End of clause)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

As prescribed in (c), use the following clause: 204.7304

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023)

FA558724Q00450001

https://www.irs.gov/w14 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/far/subpart-52.2#FAR_52_229_12 https://www.acquisition.gov/far/subpart-52.2#FAR_52_229_12 https://www.irs.gov/help/tax-law-questions https://www.acquisition.gov/far/subpart-9.1#FAR_9_108_5 https://www.acquisition.gov/far/subpart-9.1#FAR_9_108_2 https://www.acquisition.gov/dfars/part-204-administrative-and-information-matters#DFARS_204.7304

(a) . As used in this clause-- Definitions

"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 contract.

"Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

"Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

"Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

"Media" means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

''Operationally critical support'' means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

"Rapidly report" means within 72 hours of discovery of any cyber incident.

"Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS , Rights in 252.227-7013 Technical Data--Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) . The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, Adequate security the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause , Cloud Computing Services, of this 252.239-7010 contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

FA558724Q00450001

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(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources /documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) . Cyber incident reporting requirement

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) . The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the Cyber incident report required elements at https://dibnet.dod.mil.

(3) In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall Medium assurance certificate requirement.

have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, Malicious software.

submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) . When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images Media preservation and protection of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Upon request by DoD, the Contractor shall provide DoD with Access to additional information or equipment necessary for forensic analysis.

access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) . If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Cyber incident damage assessment activities Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) The Government shall protect against the unauthorized use or DoD safeguarding and use of contractor attributional/proprietary information.

release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Information that is obtained from the contractor (or Use and release of contractor attributional/proprietary information not created by or for DoD.

derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor ("recipient") that is directly supporting Government activities under a contract that includes the clause at 252.204- , Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.7009

(j) Information that is obtained from the contractor (or Use and release of contractor attributional/proprietary information created by or for DoD.

derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) The safeguarding and cyber incident reporting required by this clause in no way abrogates the Other safeguarding or reporting requirements.

Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) . The Contractor shall-- Subcontracts

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7041 Correspondence in English. Jun 1997

FA558724Q00450001

https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.204-7009 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.204-7009

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.229-7006 Value Added Tax Exclusion (United Kingdom) Dec 2011 252.229-7007 Verification of United States Receipt of Goods. Jun 1997 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

(Feb 2024)

As prescribed in , insert the following clause:12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

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

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

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

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

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

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

[ .]Contracting Officer check as appropriate

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

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(Nov 2021)

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

(4) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(Jun 2020)

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(ii) Alternate I of 52.204-30.(Dec 2023)

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(31 U.S.C. 6101 note).(Nov 2021)

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(Oct 2018)

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).Oct 2022

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

(18)

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

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

(19)

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

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

(20) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).Feb 2024

(21)

(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023

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

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

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

(v) Alternate IV ( ) of 52.219-9.Sep 2023

(22)

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

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

(23) 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).Oct 2022

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(Sep 2021)

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Feb 2024

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

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) Oct 2022 (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(Mar 2020)

(30) 52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(Sep 2021)

(31) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies .(Feb 2024)

X (33) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)

(34)

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

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

(35)

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

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

(36)

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

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

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

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(Dec 2010)

(39)

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

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

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

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

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(Jun 2016)

(44)

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

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

(45)

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

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

X (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(May 2020)

(47)

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

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

X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(Jun 2020)

(49) 52.223-20, Aerosols (E.O. 13693).(Jun 2016)

(50) 52.223-21, Foams (Jun2016) (E.O. 13693).

(51)

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

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

(52)

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

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

(53)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

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

(iv) of 52.225-3.Alternate III (Feb 2024)

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

(54) 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(NOV 2023) et seq

X (55) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (Feb 2021) Assets Control of the Department of the Treasury).

(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

(59) 52.229-12, Tax on Certain Foreign Procurements .(Feb 2021)

(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(Oct2018)

(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(64) 52.232-36, Payment by Third Party (31 U.S.C. 3332).(May 2014)

(65) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(Aug 1996)

(66) 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(Jan 2017)

(67)

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

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

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

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

[ ]Contracting Officer check as appropriate.

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

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

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

C. chapter 67).

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

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

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

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

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

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

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

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

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

(e)

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub.