Draft RFP - 01-24-2022.pdf

12. DISCOUNT TERMS

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS

6. SOLICITATION

ISSUE DATE

3. AWARD/EFF. DATE 5. SOLICITATION NUMBER2. CONTRACT NO. 4. ORDER NUMBER

a. NAME b. TELEPHONE NUMBER (No collect calls)7. FOR SOLICITATION

INFORMATION CALL:

SET ASIDE : % FOR:

SMALL BUSINESS

NAICS:

SIZE STANDARD:

HUBZONE SMALL

BUSINESS

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

13b. RATING

14. METHOD OF SOLICITATION

IFB RFPRFQ

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS

BLOCK BELOW IS CHECKED.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS

IN OFFER.

8(A)

01/24/2022 70B02C22R00000015

MICHAEL HALL EMAIL 04/30/2022 4:00 PM EST

DHS - Customs & Border Protection

Air and Marine Contracting Division

1300 Pennsylvania Ave, NW

Procurement Directorate - NP 1310

Washington DC 20229

336411

1500 EMPLOYEES

See Attached Delivery Schedule DHS - Customs & Border Protection Air and Marine Contracting Division 1300 Pennsylvania Ave, NW Procurement Directorate - NP 1310

Washington DC 20229

See IPP Invoices Clause

PAGE OF PAGES1. REQUISITION NUMBERSolicitation/Contract/Order for Commercial Products and Commercial Services

Offeror to Complete Blocks 12,17,23,24, & 30 0020130548 1 3

ORDER UNDER DPAS (15 CFR 700)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

UNRESTRICTED OR

13a. THIS CONTRACT IS A RATED

03/31/2022

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

24.

AMOUNT

22.

UNIT

23.

UNIT PRICE

SEE ADDENDUM

WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE

UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM

EDWOSB

CODE

CODE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

31c. DATE SIGNED

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

ADDENDA

ADDENDA

ARE ARE NOT ATTACHED.

ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN

AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF.

YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING

ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

OFFER DATED

30A. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE

SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

STANDARD FORM 1449 (REV. NOV 2021)

Prescribed by GSA - FAR (48 CFR) 53.212

NOT APPLICABLE $0.00

Stephanie Alexander

COPIES TO ISSUING OFFICE. CONTRACTOR

10 MEA LI 1.000 AU

2 3

CONTRACT NO.: REQUISITION NUMBER AWARD/EFF. DATE

PAGE OF PAGES

ADDITIONAL INFORMATION:

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

FINALPARTIAL

36. PAYMENT 37. CHECK NUMBER

COMPLETE PARTIAL FINAL

39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41c. DATE 42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV. NOV 2021) BACK

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

0020130548 01/11/2022

The Department of Homeland Security, Customs and Border Protection (CBP) is issuing this Request for Proposal (RFP) to procure up to nine (9) Multirole Enforcement Aircraft.

This procurement action is being solicited as Full and Open Competition through SAM.gov. The Acquisition Title is “Multirole Enforcement Aircraft Land Interdiction (MEA LI)”.

The principle nature of the requirements described in this solicitation is consistent with supplies provided by industries in the North American Industry Classification System (NAICS) Code 336411 “Aircraft Manufacturing” with a small business size standard of 1,500 employees.

CBP invites your company to participate in phase 1 (Oral Presentations) and provide written portions after the advisory notifications are provided for phase 2 (written submission) to submit a technical and separate full pricing proposal for the efforts described in this RFP including the terms and conditions, the Statement of Work and all other attachments. CBP will select for award the most responsible Offeror whose proposal contains the combination of those evaluation criteria offering the best value to the Government using the trade-off process. “Best value” is defined as the procurement process that results in the most advantageous acquisition decision for the Government and is performed through an integrated assessment and trade-off analysis among price and non-price factors. The basis for the award will be a detailed, integrated evaluation by the Government on the basis of how well the proposal achieves solicitation requirements and satisfies the evaluation criteria specified herein. Accordingly, the Government may award any resulting contract to other than the lowest priced offeror or other than the offeror with the highest technical merit rating. In making this comparison, the Government is concerned with overall merit of the capability of the following evaluation factors: Factors 1 “Radar Solution and Integration Capabilities” and 2 “Technical and Management Capability” are considered to be of equal importance with Factor 3 “Price” being of the least importance. The importance of Factor 3 will increase if Offerors are considered essentially equal in terms of Factors 1 and 2 or if a price is so significantly high as to diminish the value of the proposal’s technical superiority to the Government. Within Factor 1, Elements 1 through 3 are considered to be of equal importance.

Within Factor 2 Elements 1 through 4 are in descending order of importance. The elements are not subfactors and will not be individually rated but will be evaluated as a whole to arrive at the factor-level rating.

The Government may make award without discussions with Offeror (except communications conducted for the purposes of minor clarification); hence your offer should be submitted on the most favorable terms that the offering firm is able to submit to the Government. However, the Government reserves the right to conduct discussions if they are later determined by the Contracting Officer to be necessary.

3 3

CONTRACT NO.: REQUISITION NUMBER AWARD/EFF. DATE

PAGE OF PAGES

ADDITIONAL INFORMATION:

STANDARD FORM 1449 (REV. NOV 2021) BACK

0020130548 01/11/2022

RFP QUESTIONS:

Questions or concerns regarding any aspect of this RFP must be forwarded to Michael Hall (Michael.A.Hall@cbp.dhs.gov) via email on or before 12:00PM local Washington, DC time on TBD so that they can be addressed prior to submission of your proposal. Responses to questions will be provided via Amendment to RFP and posted to www.SAM.gov. Offerors are strongly encouraged to ask questions and convey their exceptions to the requirements during this time.

The Government desires to alleviate concerns during the solicitation phase to prevent assumptions or exceptions within the proposals.

PROPOSAL SUBMISSION INSTRUCTIONS:

Please see the section in the RFP titled “GENERAL INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (OCT 2008)(MODIFIED)” for instructions on Phase 1 and Phase 2. Responses shall be submitted to Michael Hall at Michael.A.Hall@cbp.dhs.gov on or before 12:00PM local Washington, DC time on TBD. The subject line should be titled “MEA LI”. There will be no exceptions to the time and date which responses are due unless determined otherwise by the Government.

Contractors that do not submit all of the information required may not be considered for award.

In responding to this RFP, it is the Offeror's responsibility to provide current, relevant, complete and accurate information in its proposal. Customs and Border Protection assumes no responsibility for obtaining clarifications for vague, incomplete or incorrect proposal information.

70B02C22R00000015

TABLE OF CONTENTS

SECTION I SCHEDULES

I.1 Schedule of Supplies or Services and Prices/Costs

SECTION II CONTRACT CLAUSES

II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

II.2 52.202-1 DEFINITIONS (JUN 2020)

II.3 52.203-3 GRATUITIES (APR 1984)

II.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

II.5 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

II.6 52.204-2 SECURITY REQUIREMENTS (MAR 2021)

II.7 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 14

II.8 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

II.9 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

II.10 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 14 II.11 52.212-4 CONTRACT TERMS AND CONDITIONS --COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) ALTERNATE I (NOV 2021)

II.12 52.227-22 MAJOR SYSTEM-MINIMUM RIGHTS (JUN 1987)

II.13 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

II.14 52.242-13 BANKRUPTCY (JUL 1995)

II.15 52.242-15 STOP-WORK ORDER (AUG 1989)

II.16 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

II.17 52.245-1 GOVERNMENT PROPERTY (SEP 2021)

II.18 52.245-9 USE AND CHARGES (APR 2012)

II.19 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

II.20 52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

II.21 52.247-50 NO EVALUATION OF TRANSPORTATION COSTS (APR 1984)

II.22 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

II.23 52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

II.24 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

II.25 52.216-18 ORDERING (AUG 2020)

II.26 52.216-19 ORDER LIMITATIONS (OCT 1995)

II.27 52.216-22 INDEFINITE QUANTITY (OCT 1995)

II.28 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

II.29 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

II.30 52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR

DESIGN CRITERIA (MAY 2001)

II.31 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

II.32 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (SEP 2012)

II.33 52.204-23 - PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (DEVIATION 20-05)

II.34 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

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

II.35 52.222-19 CHILD LABOR -- COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 20-07)

II.36 52.224-3 PRIVACY TRAINING, ALTERNATE I (DEVIATION)

II.37 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013) (DEVIATION APR 2020)

II.38 CONTRACT TYPE (OCT 2008)

II.39 SPECIFICATIONS, STATEMENT OF WORK, STATEMENT OF OBJECTIVES OR PERFORMANCE WORK

STATEMENT ATTACHED (JUN 2013) (MODIFIED)

II.40 PACKAGING, PACKING AND MARKING (MAR 2003)

II.41 PERIOD OF PERFORMANCE (MAR 2003)

II.42 CONTRACTING OFFICER'S AUTHORITY (MAR 2003)

II.43 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)

(JAN 2016)

II.44 GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003)

II.45 ORDERING PROCEDURES - SUPPLIES (OCT 2007)

II.46 SECURITY PROCEDURES (APR 2019)

II.47 GOVERNMENT PROPERTY (MAR 2003)

II.48 DISCLOSURE OF INFORMATION (MAR 2003)

II.49 TRAVEL COSTS (AUG 2008)

II.50 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUL 2014)

II.51 SPECIAL SECURITY REQUIREMENT - CONTRACTOR PRE-SCREENING (SEP 2011)

II.52 SAFEGUARDING OF SENSITIVE INFORMATION (MAR 2015)

II.53 INFORMATION TECHNOLOGY SECURITY AND PRIVACY TRAINING (MAR 2015)

II.54 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012)

II.55 LIST OF ATTACHMENTS

SECTION III SOLICITATION PROVISIONS

III.1 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

III.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

III.3 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

III.4 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

III.5 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

III.6 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

III.7 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE ACQUISITION (NOV 2021), ALTERNATE I (OCT 1997) 49

III.8 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS--COMMERCIAL

ACQUISITION (NOV 2021)

III.9 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) III.10 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (JUN 2020)

III.11 52.250-2 SAFETY ACT COVERAGE NOT APPLICABLE (FEB 2009)

III.12 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

III.13 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) 51

III.14 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

III.15 52.212-2 EVALUATION -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) III.16 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

III.17 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

III.18 52.216-1 TYPE OF CONTRACT (APR 1984)

III.19 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2000)

III.20 52.232-31 INVITATION TO PROPOSE FINANCING TERMS (NOV 2021)

III.21 52.233-2 SERVICE OF PROTEST (SEP 2006)

III.22 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

III.23 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEVIATION 20-07)

III.24 GENERAL INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (OCT 2008)(MODIFIED)

3.3 CONTRACTOR SUPPORT SERVICES IN SUPPORT OF THE SELECTION PROCESS

Phase 1, Factor 1: Oral Presentation on Radar Solution and Integration Capabilities

Element 1: Technical Approach Element 2: Radar Solution Element 3: Corporate Experience

Phase 2, Factor 2: Technical and Management Capability Element 1: Operational Capability and Physical Characteristics Element 2: Management Capability Element 3: Quality Control Element 4: Risk Management Plan

III.25 AGENCY LEVEL PROTEST NOTICE (APR 2003)

III.26 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2007)

III.27 GENERAL EVALUATION INFORMATION (OCT 2008) (MODIFIED)

III.28 EVALUATION CRITERIA (JUN 2007)

III.29 PRICE EVALUATION (MAR 2003) (MODIFIED)

III.30 BASIS OF AWARD (TRADE-OFF ANALYSIS) (JUN 2007)

III.31 RELATIVE IMPORTANCE OF EVALUATION FACTORS (JUN 2007)

SECTION I SCHEDULES

I.1 Schedule of Supplies or Services and Prices/Costs

THE SCHEDULE SUPPLIES OR SERVICES AND PRICING/COSTS

MULTIROLE ENFORCEMENT AIRCRAFT (MEA)

1 CONTRACT TYPE: This is an Indefinite Delivery Indefinite Quantity contract with firm fixed price and time and material line items.

2 SCHEDULE OF ITEMS

The schedule of items, as stated below, shall be in accordance with the Statement of Work and the Performance Specifications that are attached. The quantity discount are based on the number ordered per Delivery Order issued and not the number ordered during the ordering period.

Base Ordering Period - From Contract Award through twelve (12) months

Firm Fixed Price Contract Line Items Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 0001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $ AB. A quantity of 2-3 $ AC. A quantity of 4 or more $

0002 MEA-LI Non-Radar Equipped EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

0003 Green Aircraft EA See Below

AA. A quantity of 1 $

0004 Mission System Integration EA See below

AA. A quantity of 1 $

0005 Long Lead Items Package EA See below for MEA LI completion Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

0006 Long Lead Items Package EA See below for MEA LI Completion (non radar equipped) Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

0007 Sensor Operator Training** Per Student $ $ Maintenance Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

0008 Initial Spares Ceiling NTE $2,444,000.00

Time and Material Contract Line Item Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 0009 Field Service Representative 1,920 Hours

0010 Travel NTE $41,840.00

TOTAL CONTRACT VALUE FOR BASE ORDERING PERIOD: $

ORDERING PERIOD 1 (From Expiration of Base Ordering Period through twelve months)

Firm Fixed Price Contract Line Items Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 1001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

1002 MEA-LI Non-Radar Equipped EA See Below

1003 Green Aircraft EA See Below

AA. A quantity of 1 $

1004 Mission System Integration EA See below

AA. A quantity of 1 $

1005 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

1006 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

1007 Sensor Operator Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

1008 Initial Spares Ceiling NTE $2,444,000.00

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 1009 Field Service Representative 1,920 Hours

1010 Travel NTE $42,670.00

TOTAL CONTRACT VALUE FOR ORDERING PERIOD 1: $

ORDERING PERIOD 2 (From Expiration of Ordering Period 1 through twelve months)

Firm Fixed Price Contract Line Items Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 2001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

2002 MEA-LI Non-Radar Equipped EA See Below

2003 Green Aircraft EA See Below

AA. A quantity of 1 $

2004 Mission System Integration EA See below

AA. A quantity of 1 $

2005 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

2006 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

2007 Sensor Operator Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

2008 Initial Spares Ceiling NTE $2,444,000.00

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 2009 Field Service Representative 1,920 Hours

2010 Travel NTE $43,530.00

TOTAL CONTRACT VALUE FOR ORDERING PERIOD 2: $

ORDERING PERIOD 3 (From Expiration of Ordering Period 2 through twelve months)

Firm Fixed Price Contract Line Items Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 3001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

3002 MEA-LI Non-Radar Equipped EA See Below

3003 Green Aircraft EA See Below

AA. A quantity of 1 $

3004 Mission System Integration EA See below

AA. A quantity of 1 $

3005 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

3006 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

3007 Sensor Operator Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

3008 Initial Spares Ceiling NTE $2,444,000.00

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 3009 Field Service Representative 1,920 Hours

3010 Travel NTE $44,400.00

TOTAL CONTRACT VALUE FOR ORDERING PERIOD 3: $

ORDERING PERIOD 4 (From Expiration of Ordering Period 3 through twelve months)

Firm Fixed Price Contract Line Items Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 4001 Fully missionized MEA-LI EA See Below Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

4002 MEA-LI Non-Radar Equipped EA See Below

4003 Green Aircraft EA See Below

AA. A quantity of 1 $

4004 Mission System Integration EA See below

AA. A quantity of 1 $

4005 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

4006 Long Lead Items Package EA See below

Pricing/Volume Discounts - The offeror shall insert any volume discount unit pricing it offers AA. A quantity of 1 $

4007 Sensor Operator Training** Per Student $ $

**The training provided should be based on a minimum class size of 4 students and no larger than 8 students.

4008 Initial Spares Ceiling NTE $2,444,000.00

Item Supplies/Services Estimated Unit Unit Extended Number Quantity Price Amount 4009 Field Service Representative 1,920 Hours

4010 Travel NTE $45,290.00

TOTAL CONTRACT VALUE FOR ORDERING PERIOD 4: $

Total Funded Value of Award: 0

SECTION II CONTRACT CLAUSES

II.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

I. FEDERAL ACQUISITION REGULATION (48 CHAPTER 1) CLAUSES

NUMBER TITLE

II.2 52.202-1 DEFINITIONS (JUN 2020)

II.3 52.203-3 GRATUITIES (APR 1984)

II.4 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

II.5 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

II.6 52.204-2 SECURITY REQUIREMENTS (MAR 2021)

II.7 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

II.8 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

II.9 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

II.10 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

II.11 52.212-4 CONTRACT TERMS AND CONDITIONS --COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021) ALTERNATE I (NOV 2021)

II.12 52.227-22 MAJOR SYSTEM-MINIMUM RIGHTS (JUN 1987)

II.13 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

II.14 52.242-13 BANKRUPTCY (JUL 1995)

II.15 52.242-15 STOP-WORK ORDER (AUG 1989)

II.16 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

II.17 52.245-1 GOVERNMENT PROPERTY (SEP 2021)

II.18 52.245-9 USE AND CHARGES (APR 2012)

II.19 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

II.20 52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

II.21 52.247-50 NO EVALUATION OF TRANSPORTATION COSTS (APR 1984)

II.22 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of CBP and shall not be binding until so approved.

(End of clause)

II.23 52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY

0001 1 22 MONTHS AFTER RECEIPT OF

ORDER

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

0001 1 22 MONTHS AFTER RECEIPT OF

ORDER

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

0001 1 Subsequent MEA LI Up to 9

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

II.24 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 (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))

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(3) 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).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108–77 and 108–78 (19 U.S.C.

3805 note)).

(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 (JUN 2020), with Alternate I (NOV 2021) (41

U.S.C. 4704 and 10 U.S.C. 2402).

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

[] (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010)

(Section 1553 of Pub. L. 111-5). Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.109–282)

(31 U.S.C. 6101 note)

[] (5) [Reserved].

[] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313)

[] (10) [Reserved].

[] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

[] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (13) [Reserved]

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

[] (ii) Alternate I (MAR 2020) of 52.219-6.

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

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

[X] (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[X] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219-9.

[] (v) Alternate IV (SEP 2021) of 52.219-9.

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

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637(a)(14)).

[X] (20) 52.219-16, Liquidated Damages--Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219-28.

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (SEP 2021) (15 U.S.C. 637(m)).

[] (24) 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 (SEP 2021) (15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020)(15 U.S.C. 644(r)).

[] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222-26, Equal Opportunity (AUG 2018) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36

[X] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products 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 (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693)

[] (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (42) 52.223-15, Energy Efficiency in Energy--Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and

13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)

[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[X] (48) 52.225-1, Buy American -- Supplies (NOV 2021) (41 U.S.C. chapter 83).

[] (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (52) 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. 2302 Note).

[] (53) 52.226-4, Notice of Disaster or Emergency Area set-Aside (NOV 2007)

[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

[] (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C.

3332).

[] (59) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31

U.S.C. 3332).

[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[X] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64

(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 (AUG 2018) (41 U.S.C. chapter 67).

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

67).

[] (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) (29

U.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 Under Executive Order 13658 (NOV 2020) (Executive Order 13658)

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706)

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

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) 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.

(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 paragraphs (e)(1) in a subcontract for commercial products and 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) 52.203–19, 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)).

(iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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.

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

(vii) Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xi) 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.

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

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

[X] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (Executive Order 13658).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 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. 2302 Note).

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. Appx

1241(b) 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.

II.25 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 TBD through TBD.

(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.

II.26 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one hour of FSR support, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of the cost of One MEA;

(2) Any order for a combination of items in excess of the cost of Three MEA; or

(3) A series of orders from the same ordering office within 10 Business days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

II.27 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the

Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after

TBD.

II.28 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt

Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid…