Commercial Solicitation N6893624Q0143.docx

N6893624Q0143

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

TO BE COMPLETED AT TIME OF AWARD

A-TXT-05 QUOTE NUMBER (NAWCWD) JUL 2023

QUOTE #__________ DATED__________

Partial Shipment/Partial Payment is ACCEPTABLE by complete line item only.

Partial shipment/Partial payment is NOT ACCEPTABLE.

Payment IS AUTHORIZED at the beginning of the period of performance. The invoice may not be submitted before the period of performance begins.

EARLY DELIVERY IS ACCEPTED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

Vendor Contact:

Name: ____________________________________ Phone: ____________________________________ Fax: ____________________________________ Email: ____________________________________

Technical Contact:

Name: ___________________________________ Phone: ___________________________________ Email: ___________________________________

APPOINTMENT OF ORDERING OFFICER(S)

(a) The following activity(ies) or individual(s) is/are designated as authorized Ordering Officer(s):

Name:

Or

(b) The above activity(ies) or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Convenience or Terminations for Default shall be issued only by the PCO.

For accounting purposes, the WAWF/PIEE points of contact are:

SHIPPING FEES ARE LOCATED IN SECTION B OF THIS DOCUMENT CALLED OUT AS TAC AMOUNT'.

SHIPPING INSTRUCTIONS ARE LOCATED IN SECTION F OF THIS DOCUMENT.

Invoicing instructions are located in Section G of this document.

WAWF INVOICING HELP & INSTRUCTIONS:

Visit the website at https://wawf.eb.mil/ and you can find help via the link "Vendors Getting Started" under the Getting Started Help area at the bottom of the website.

This vendor IS/IS NOT a small business under NAICS ________________.

This order is a purchase order with the Federal Government and is tax exempt.

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Email address: donell.e.duenassims.civ@us.navy.mil

THE INFORMATION BELOW IS NOT ALL INCLUSIVE AS TO WHAT IS REQUIRED FOR A TECHNICAL EVALUATION. IT IS THE RESPONSIBILITY OF THE VENDOR TO SUMBIT ENOUGH INFORMATION FOR A SOUND TECHNICAL EVALUATION TO BE REVIEWED BY OUR TECHNICAL POINT OF CONTACT.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL UTILIZE WIDE AREA WORKFLOW (WAWF) FOR INVOICING AND PAYMENT REQUEST.

THE BELOW INFORMATION IS REQUIRED FOR ANY AWARD RESULTING IFROM THIS SOLICITATION.

VENDOR NAME

ADDRESS LINE 1

ADDRESS LINE 2

VENDOR POC

VENDOR PHONE

VENDOR FAX

VENDOR EMAIL

CAGE CODE

UNIQUE ENTITY ID

ESTIMATED DELIVERY OR PERIOD OF PERFORMANCE

PRODUCT COUNTRY OF ORIGIN

BUSINESS SIZE

SHIPPING POINT (DESTINATION OR ORIGIN)

SHIPPING COST (IF ANY)

WAWF REGISTERED: https://wawf.eb.mil/

SAM: https://www,sam.gov/portal/public/SAM

WARRANTY (IF ANY)

DID YOU INCLUDE YOUR SPECIFICATIONS?:

**This requirement is for an Indefinite Delivery Type Purchase Order (IDTPO) with a base year and 4 option years. Minimum quantity is 1 per year (based on Period of Performance (POP) of 12 months) and maximum of 5 per year. POP will be identified as date of award for 12 months.

Section B - Supplies or Services and Prices

Telehealth Medical

FFP

See PWS in Section C. This requirement is for an Indefinite Delivery Type Purchase Order (IDTPO) with a base year and 4 option years. Minimum quantity is 1 per year (based on Period of Performance (POP) of 12 months) and maximum of 5 per year. POP will be identified as date of award for 12 months.

FOB: Destination

PURCHASE REQUEST NUMBER: 1301154130

MFR PART NR: EVAL

PSC CD: Q999

MAX

NET AMT

FFP

See PWS in Section C.

FOB: Destination

MAX

FFP

See PWS in Section C.

FOB: Destination

MAX

FFP

See PWS in Section C.

FOB: Destination

MAX

FFP

See PWS in Section C.

FOB: Destination

MAX

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

5.00

5.00

5.00

5.00

5.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

PWS

1.0 BACKGROUND AND SCOPE

1.1 Background

This requirement is to provide personnel security related medical evaluation services in support of the Naval Air Warfare Center Weapons Division (NAWCWD) Personnel Security (PERSEC) Office Code D/EC70000 and the Defense Counterintelligence and Security Agency Consolidated Adjudication Services (DCAS CAS). The services will be provided for civilian employees and military members at the NAWCWD China Lake and Point Mugu, CA sites.

1.2 Scope of Work

The purpose of this requirement is to determine eligibility of Department of Defense (DoD) military and civilian personnel, affiliated with the DoD, for access to classified information, Special Sensitive, Critical Sensitive, Non-Critical Sensitive, acceptance or retention in the Armed Forces, assignment or retention in Special Sensitive, Critical Sensitive, Non-Critical Sensitive duties, or other designated duties requiring professional medical evaluations. The contractor shall provide the requested medical evaluation utilizing professional standards, testing, and tools in assessing an employee then provide a written report of their findings to DCAS CAS via NAWCWD PERSEC. DCAS CAS will utilize the contractor’s evaluation results to determine the employee’s eligibility to access and safeguard information relating to National Security and make final security clearance determination in accordance with DoD personnel security policies and procedures as set forth in the DODM 5200.02. Personnel Security Program, January 1987. The contractor shall not provide a recommendation concerning the employee’s eligibility, as illustrated in paragraph 3.3.3.

PERSEC medical evaluations are necessary in assessing an employee’s eligibility to obtain or maintain access to information related to National Security and DoD Information Technology (IT) systems. Depending on the specific circumstances, an employee may require a medical evaluation to assist in the determination of factors that could affect job performance and/or conduct. The type of evaluations shall include, but are not limited to: medical, psychological, psychiatric, emotional, sexual conduct, or substance use conditions, which could impair their judgment, reliability, or trustworthiness.

1.3 Contract Work Environment

The performance shall take place virtually via a Health Insurance Portability and Accountability Act (HIPAA) privacy compliant video conference platform.

2.0 APPLICABLE DOCUMENTS

The following is a list of the required applicable documents for PERSEC operations:

(1) DoDM 5200.48

(2) DoDM 5200.02

(3) SECNAVINST 5510.30C

(4) SECNAV M-5510.36 (series)

(5) DoD 5220.22-M National Industrial Security Program Operation Manual (NISPOM)

(6) 5 United States Code (USC), Part 552A (Privacy Act)

(7) National Security Decision Directive (NSDD) 298

(8) Procedures for the DoD Personnel Security Program (PSP)

3.0 REQUIREMENTS

For the purposes of military service standard and compliance with DoD personnel security policies and procedures, the Government requires professional medical examination services for NAWCWD civilian employees and military members, as stated in the following paragraphs.

3.1 Referrals.

All requests will be issued from the NAWCWD D/EC70000 Security Office at China Lake, CA. The contractor shall not accept requests for an evaluation unless the Technical Point of Contact (TPOC) or Alternative Technical Point of Contact (TPOC) has authorized the evaluation and assigned a billing number.

3.2 Expertise.

The contractor shall maintain a comprehensive mental health care operation that includes sufficient expertise to diagnose or recommend actions as a result of the medical examination.

3.3 Medical Evaluations.

A medical examination is required for any employee who exhibits potentially disqualifying behavior, mental or emotional disorders, or substance abuse. A medical evaluation will determine whether any medical, psychological, psychiatric, emotional, or other conditions exists that could affect the individual’s judgment, mental stability, or reliability.

3.3.1 The contractor shall perform evaluations that include objective psychological measures as well as a mental status examination including a discussion of the examinee’s relevant psychological history and behaviors related to the security questions detailed in Section 3.4. Additional testing and/or interviews of the examinee may be requested by the TPOC or ATPOC if the initial evaluation does not provide sufficient information to security professionals to make an informed decision about the examinee’s trustworthiness. The contractor may administer additional tests upon request and approval by the TPOC or ATPOC.

3.3.2 Once notified by the Ordering Officer (OO), the contractor shall conduct an evaluation concerning one of the areas as determined and requested by the TPOC or ATPOC. The applicable medical considerations listed below may be helpful in conducting the evaluation. The factors may not be all inclusive and the contractor need not limit its evaluation or examination to these issues. Any information, which would assist in the adjudication process, may be used.

3.3.3 The contractor shall ensure that sensitive detailed information concerning the employee that is provided by the Government is safeguarded and kept confidential. This information shall not be released to the individual or anyone else, and it may not be copied or retained in the evaluator’s files. Any background materials provided to the contractor to inform the contractor of the behavioral issues of concern will be returned to the NAWCWD security office at the time the written report is submitted for review. The background materials and the written report may be hand-delivered, or delivered via certified mail or other approved method which ensures a clear chain of custody of the record at all times. Also, be advised that the Government is seeking the contractor’s medical diagnosis and prognosis with an emphasis on judgment and reliability. The Government is not seeking a medical recommendation as to the individual suitability for employment or security eligibility. It is more important for the contractor to address the following elements, which are listed under the section “Types of Evaluations/Evaluation Elements.” Reports need not be lengthy; however, all reports must be:

1) Completed by a qualified examiner (psychiatrist or psychologist for a psychological/medical evaluation; a psychiatrist, psychologist, social worker, or physician for a Substance abuse evaluation);

2) Informed by all available information;

3) Complete, including all elements listed below;

4) Internally consistent, with the recommendations following from the evaluation data.

3.4. Types of Evaluations/Evaluation Elements.

The evaluation elements listed below are identified as conditions that could raise security concern and would require adjudication in accordance with the adjudication policy guidance in the DODM 5200.02, to determine whether a person is eligible for access to classified information, access to DOD IT systems, or assignment to sensitive duties. These factors may not be all inclusive and the contractor need not limit its evaluation or examination to these issues. Any information, which would assist in the adjudication of the case, would be most helpful. The contractor shall conduct an evaluation concerning the areas below.

3.4.1 Mental/Emotional Issues. If the issue involves mental/emotional conditions, please provide the following:

1) An outline of the methods used in the evaluation (i.e. psychological testing/clinical interviews);

2) A narrative case history of the subject’s condition;

3) Results of any psychological tests;

4) The date of onset of the condition;

5) The subject’s current treatment plan including frequency of psychotherapy, medication and dosage, etc.;

6) The subject’s degree of adherence to the recommended treatment plan (e.g., medication, psychotherapy, Electro-convulsive Therapy (ECT); Transcranial Magnetic Stimulation (TMS), etc.;

7) The subject’s participation in treatment was voluntary or involuntary;

8) A Diagnostic and Statistical Manual of Mental Disorders (DSM) IV-TR, Fourth Edition Text Revision or DSM V, Fifth Edition Text Revision diagnosis, if applicable;

9) A prognosis regarding the subject’s condition; (e.g., poor, guarded, fair, good, excellent);

10) Whether the subject's condition is under control or in remission;

3.4.1.1 Under the circumstances specified, the contractor shall provide the following information:

1) If the individual's condition is currently under control or in remission, indicate the probability of recurrence or exacerbation, and indicate whether ongoing treatment is recommended.

2) If the subject does not have a formal diagnosis of a disorder, does the subject’s behavior nonetheless cast doubt on his/her judgment, reliability or trustworthiness? These behaviors may include, but are not limited to emotionally unstable, irresponsible, dysfunctional, violent, paranoid, or bizarre behaviors. If so, the contractor shall specify the nature of the subject’s behavior and how it could impair judgment, reliability or trustworthiness.

3.4.1.2 The contractor shall conclude the report with a clear statement addressing whether the subject’s emotional condition could affect his or her judgment or reliability.

3.4.2 Sexual Conduct Issues. If the issue involves sexual conduct issues, the contractor shall provide the following information (in addition to the above):

1) What is the history or extent of the conduct?

2) Is the subject unable to stop his or her behavior?

3) Is the behavior symptomatic of a personality disorder?

4) Is the conduct likely to recur? If so, under what circumstances?

5) Has the subject sought help for his or her condition?

6) If so, did the subject voluntarily seek treatment?

7) Is the individual aware of the seriousness of the conduct?

8) Is there clear demonstration that the individual has no intention of participating in such conduct in the future?

9) Is the subject involved in any continuing treatment to reduce the risk of recurrence (e.g. pharmacotherapy, psychotherapy, SA, relapse prevention programs, etc.)?

10) Can the individual's conduct be a basis for vulnerability to blackmail, pressure, or coercion?

3.4.2.1 If the individual's condition is currently under control or in remission, indicate the probability of recurrence or exacerbation, and indicate whether ongoing treatment is recommended.

3.4.2.2 If the subject does not have a formal diagnosis of a disorder, does the subject’s behavior nonetheless cast doubt on his or her judgment, reliability or trustworthiness?

1) Compulsive

2) Self-destructive

3) High-risk

4) Reflective of a lack of discretion or judgment

5) Of a criminal nature (whether or not the individual has been prosecuted)

3.4.2.3 The contractor shall conclude the report with a clear statement addressing whether the subject’s sexual conduct could affect his or her judgment or reliability.

3.4.3 Substance Abuse. If the issue involves substance abuse, the contractor shall provide the following information (in addition to the above):

1) What is the subject’s current level of alcohol/drug use?

2) Has the individual had substance related work incidents, such as reporting for work/duty in an impaired condition or using substances on the job?

3) Has the individual had substance related non-work incidents, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern?

4) Has the individual engaged in habitual or binge substance use to the point of impaired judgment?

5) Has the subject failed to follow court orders regarding alcohol education, evaluation, treatment, or abstinence?

6) Has the individual's physical or mental health deteriorated as a result of his or her substance use?

7) Does the subject acknowledge his or her issues of substance use?

8) Under what circumstances is the subject’s substance use likely to recur?

9) Can the individual's substance abuse be a basis for vulnerability to blackmail, pressure, or coercion?

10) Is the subject following treatment recommendations any continuing treatment to reduce the risk of relapse? (e.g., pharmacotherapy, psychotherapy, AA, relapse prevention programs, etc.)?

3.4.3.1 If the subject meets criteria for a DSM-5 substance use disorder, the contractor shall identify the severity of the condition (e.g., Mild, Moderate, Severe) and provide the following information:

1) What is the subject’s prognosis?

2) Has the subject recently shown evidence of substance withdrawal (per DSM 5 criteria)?

3) Has the subject relapsed after receiving a prior substance abuse diagnosis or completion of a substance use rehabilitation program?

3.4.3.2 If the subject has shown evidence of excess alcohol consumption, whether or not the behavior met criteria for an alcohol use disorder, the contractor shall provide the following information:

1) Has the subject established a pattern of abstinence or responsible use of alcohol?

2) Is the subject’s current pattern of alcohol use in accordance with treatment/legal recommendations?

3.4.3.3 If the subject has shown evidence of illegal drug involvement or misuse of a prescription drug, whether or not the behavior met criteria for a substance use disorder, the contractor shall provide the following information:

1) Has the subject used any illegal drug or misused any prescription drug after being granted a security clearance?

3.4.3.4 The contractor shall conclude the report with a clear statement addressing whether the subject’s alcohol consumption or drug involvement could affect his or her judgment or reliability.

3.5 Time Frame. The contractor shall initiate evaluation services within five (5) working days (based upon the NAWCWD work schedule) of the OO approved request, and shall provide the completed medical evaluation report to the TPOC or ATPOC within two weeks after the employee has been tested.

3.6 Key Personnel/Changes in Staff.

The contractor shall notify NAWCWD in writing immediately when there will be a change in staff that impacts this contract. Replacement of key personnel must be approved by the TPOC and the Contracting Officer (as identified in Section 4.0).

3.7 License.

Clinicians under this contract are responsible for maintaining a current clinical license to include obtaining continuing education units (CEUs) as required by their discipline and licensing body. Licensing fees and other costs related to maintaining a current license are not the responsibility of the Government.

3.8 Roster.

The Contractor shall provide a roster of contractor personnel employees under this contract to the TPOC not later than the contract start date. The roster shall include employee name, social security number, date of birth, place of birth, driver’s license number, position title, security clearance (if applicable), home address, and phone numbers. The personnel roster shall be updated and forwarded to the TPOC as changes occur and within 24 hours of changes of Key Personnel.

3.9 Individual Credentials File (ICF).

The contractor shall establish and maintain an ICF for all contractor personnel. The ICF will contain items such as a copy of pertinent diplomas, current licenses, proof of liability insurance, results of credentials review and privileging and verification of continuing education. The contractor is responsible for ensuring the NAWCWD Security receives a copy of all information placed into the ICF for every individual under the contract.

4.0 QUALIFICATIONS

4.1 The contractor shall be responsible for employing personnel having at least the minimum level of education, training, and experience as stated under each labor category specified herein. The contractor and all key personnel will have no history of malpractice findings in the past ten (10) years. The contractor must notify the TPOC and Contracting Officer within 5 days of any new malpractice actions which occur during the term of this contract.

NAWCWD reserves the right to terminate the contract if malpractice actions against the contractor/key personnel arise during the contract period.

4.2 Key Personnel are those who will be performing Key Labor Categories as specified for applicable labor categories below.

4.3 Labor Qualifications: The following lists the minimum labor category, education and experience requirements, and the functional descriptions for each labor category:

Psychiatrist: Psychiatrists must have a Medical Doctorate (MD) degree, be licensed in the State of California as a physician, be a Board Certified (American Board of Psychiatry and Neurology) and have a minimum of 7 years’ experience (5 of which must have been continuous immediately prior to the date of this contract) *Key

Psychologist: Psychologists must have a Doctor of Philosophy (PD.D.). or a Doctor of Psychology (Psy.D.), and must have been licensed and practicing in the United States of America for the last five years, and be licensed to practice psychology in the State of California. *Key

5.0 SECURITY

5.1 In the case of an unclassified contract that requires no access to Classified Military Information (CMI), but that does require access to Controlled Unclassified Information (CUI), NAWCWD Restricted Areas, and/or Government IT systems, contractors are required to comply with non-NISP processing requirements before local access to CUI, Restricted Areas, and IT can be granted. This process shall be coordinated by the TPOC through the NAWCWD Industrial Security Office.

5.2 Information Security.

Direct Support contractor personnel working under the purview of a DoN Commanding Officer/Commander shall comply with the local security provisions and the requirements of SECNAV M-5510.36 (series). The contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of controlled unclassified information and to control distribution of controlled unclassified information in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), and SECNAV M-5510.36 For Official Use Only information generated and/or provided under this contract shall be marked and safeguarded as specified in DoDI 5200.48,Controlled Unclassified Information (CUI). . Contractor shall not store or transmit CUI on personal information technology systems or via personal e-mail. Unclassified e-mail containing any DoD CUI shall be encrypted. Prior to sending CUI to any non-Navy Marine Corps Internet (NMCI) addressees, the sender must first positively verify all recipients are authorized access to CUI and have need-to-know. Non-NMCI recipients must have a DoD compliant Private Key Infrastructure (PKI) certificate that enables electronic transmission via unclassified networks while protecting the CUI with a digital signature and encryption.

5.3 Public Release.

Disclosure of information is covered by DFARS 252.204-7000 Disclosure of Information, incorporated in Section I of the contract. Concerning subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the Contractor must seek specific approval from the Contracting Officer in consultation with the Security Department.

6.0 RELEASE OF INFORMATION

The contractor shall provide full access to all information regarding the employee and shall disclose and discuss any and all details/findings with the TPOC, ATPOC and DODCAF staff personnel assigned to the case, while protecting this information from all others. It is important for the subject to be informed about the limits of confidentiality. This is best accomplished by the clinician including a statement in his or her report which indicates that the subject has been informed that the purpose of the evaluation is to determine whether the subject may have a psychological condition or substance use disorder which may reasonably impact his or her reliability and judgment, particularly as these factors may pertain to performing sensitive National Security duties. The evaluation is not being conducted for the subject's clinical benefit; as such, the subject should have no expectation that the information that he or she provides to the examiner will not be shared with those who have a need to know (e.g., the NAWCWD Security Department personnel, TPOC, ATPOC, Defense Office of Hearings and Appeals (DOHA), and DCAS CAS). If necessary, the examiner should be prepared to explain or discuss clinical findings with the NAWCWD security office or a duly qualified mental health professional employed by the U.S. Government.

If the individual requests a copy of any investigative files, or other information provided for your consideration, please refer them to their Command Security Manager via the TPOC. Under no circumstances may information be released to the individual. If the individual requests a copy of a medical evaluation, please follow the standard procedures for release of that information.

6.1 Consultation.

Based on the outcome of the medical evaluation, the contractor shall advise and consult with the NAWCWD management, including but not limited to Base Commander, Chief of Staff, Department Heads, etc., to identify problem areas and develop strategies for successful resolution in areas of mental health programs, wellness programs, psychological suitability of personnel, and other related areas as required by the TPOC.

6.2 Testimony.

The contractor may be called upon to testify at administrative hearings to provide expert testimony on psychiatric information concerning employees who have been referred for evaluation under this contract. A minimum of one-hour billing time may be billed.

6.3 Records/Case Files.

All records of PERSEC are under the jurisdiction of the NAWCWD Commander. Records shall be available to the PERSEC TPOC immediately upon request. All clients’ records shall be submitted to the TPOC on a quarterly basis with any exceptions being addressed to the TPOC. Upon completion or termination of the contract, the contractor shall surrender all records to the PERSEC TPOC within 14 days. Clients’ cases may only be discussed between professional PERSEC staff for case management purposes. Confidentiality of clients shall be protected.

**This requirement is for an Indefinite Delivery Type Purchase Order (IDTPO) with a base year and 4 option years. Minimum quantity is 1 per year (based on Period of Performance (POP) of 12 months) and maximum of 5 per year. POP will be identified as date of award for 12 months.

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

DELIVERY INFORMATION

30-AUG-2025

SHIPPING INSTRUCTIONS

FOR DELIVERIES TO NAWCWD CA

FOB: Destination N68936

30-AUG-2026

N68936

30-AUG-2027

N68936

30-AUG-2028

N68936

30-AUG-2029

N68936

CLAUSES INCORPORATED BY REFERENCE

The above period of performance shall apply only if the Government exercises the option as stated in Section B in accordance with the clause 52.217-9 .

(2) The period of performance for CLIN(s) 0003 beginning and ending .

The above period of performance shall apply only if the Government exercises the option as stated in Section B in accordance with the clause 52.217-9 .

(3) The period of performance for CLIN(s) 0004 beginning and ending .

The above period of performance shall apply only if the Government exercises the option as stated in Section B in accordance with the clause 52.217-9 .

(4) The period of performance for CLIN(s) 0005 beginning and ending .

The above period of performance shall apply only if the Government exercises the option as stated in Section B in accordance with the clause 52.217-9 .

F-TXT-10 SHIPPING INSTRUCTIONS (CHINA LAKE) (OCT 2017)

Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense, or will cause a delay in processing your invoice for payment.

DOCK HOURS are Monday through Thursday, and Alternating Fridays, 0730-1530. If you anticipate making delivery on a Friday please call Receiving at (760)939-2305 to verify receiving dock hours.

Section G - Contract Administration Data

Section I - Contract Clauses

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0008) (MAY 2024)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (NOV 2021) (41 U.S.C. 3509).

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

(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 2023) (Section 1634 of Pub. L. 115-91).

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

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

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

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)__(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247–64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

**TO BE COMPLETED AT TIME OF AWARD.**