Solicitation - FA489024R0012.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On:

30 Aug 2024, 14:49 PM Central Daylight Time

Section A - Solicitation/Contract Form

Remotely Piloted Aircraft (RPA) Maintenance (Mx) Support

Product Service Code: J015

FA489024R0012

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies / Services Estimated Quantity

Unit Unit Price Amount

Transition - The contractor shall perform transition activities IAW PWS Section A 2.8 and Section D.

Product Service Code: J015 Pricing Arrangement: Firm Fixed Price

3 Months

MQ-9 O-Level Maintenance - The contractor shall provide all personnel, management, and other items necessary to perform Organizational Level (O-Level) Maintenance of the MQ-9 Remotely Piloted Aircraft (RPA) (e.g. labor, overseas allowance, uplifts, per diem, routine travel/TDY, HOLA/COLA, hazard pay, overtime).

Services are to be performed as specified in the IDIQ PWS, task order PWSs, and incorporated proposal items. The completed Attachment 3 Pricing Tables establish FFP fully-loaded labor rates that will apply throughout the life of the contract for all task orders.

Product Service Code: J015 Pricing Arrangement: Firm Fixed Price

60 Months

Government Directed Travel - Services to be performed as directed by the Government and specified in the IDIQ PWS, task order PWS(s), and incorporated proposal items. Examples of Government Directed Travel are travel to/from technical trainings, PIWG, and non-routine TDYs (MRT and Agile travel). The contractor shall provide all personnel, management, and other items necessary to provide these services IAW PWS Section A Para 2.7, 2.6, 4.10 & 4.11, and/or C12.

Product Service Code: J015 Pricing Arrangement: Cost No Fee

60 Lot

Award/Incentive Fee (odd periods) - Award/Incentive Fee earned to be determined IAW the PWS Appendix F - Performance Incentive_Award Fee Plan. Award/Incentive Fee funding is calculated IAW Appendix F Annex 4 and obligated via Award Fee task order. Award/Incentive Fee NOT TO

5 Lot

EXCEED $2M semiannually.

Product Service Code: J015 Pricing Arrangement: Firm Fixed Price Plus Award Fee

Award/Incentive Fee (even periods)

- Award/Incentive Fee earned to be determined IAW the PWS Appendix F - Performance Incentive_Award Fee Plan. Award/Incentive Fee funding is calculated IAW Appendix F Annex 4 and obligated via Award Fee task order. Award/Incentive Fee NOT TO EXCEED $2M semiannually.

Product Service Code: J015 Pricing Arrangement: Firm Fixed Price Plus Award Fee

5 Lot

CRDLs IAW PWS Appendix B - DD Form 1423 - Contract Data Requirements List (CDRL)

Product Service Code: J015 Pricing Arrangement: Firm Fixed Price

60 Months

Section C - Description/Specifications/Statement of Work

Requirements The Remotely Piloted Aircraft program provides organizational-level maintenance for the MQ-9 Reaper weapons systems and sustainment of the combat and training capability at tasked locations worldwide.

Section D - Packaging and Marking

THIS SECTION WAS INTENTIALLY LEFT BLANK.

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.246-5 Inspection of Services-Cost-Reimbursement. Apr 1984

FAR Clauses Incorporated by Full Text

52.246-11 Higher-Level Contract Quality Requirement. (Dec 2014)

As prescribed in 46.311 , insert the following clause:

Higher-Level Contract Quality Requirement (Dec 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

. REGISTRATION & COMPLIANCE: The Contractor must be registered to the most current version at the time of proposal submission for the AS9110 standard. Per PWS Section A paragraph 3.1.2, the Contractor shall develop, document, implement, maintain and continuously improve a comprehensive, higher-level QMS that assures compliance with the most current version of AS9110 throughout the life of the contract and all requirements of this PWS (see Part I, Section E, Contract Clauses 52.246-2, 52.256-3, 52.246-4, 52.246-5, and 52.246-11). Provide complete justification for any exclusion to the standard.[Contracting Officer insert the title, number (if any), date, and tailoring (if any) of the higher-level quality standards.]

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

Overall Contract Inspection/Acceptance Locations

Authorized Accepting Official

Acceptance Other Instructions: See Performance Work Statement (PWS) for acceptance/inspection criteria.

DoDAAC: F2QF04 CountryCode: USA

F2QF04 HQ ACC AMIC DRR

AF BPN NO MILSBILLS CP 7577648901, 300 EXPLORATION WAY STE 424

LANGLEY AFB, VA 23666-0000

UNITED STATES

RPA Program Manager Email: ACCAMIC.PMAU.RPABranch@us.af.mil Telephone: 757-764-9427

Authorized Accepting Official

Acceptance Other Instructions: See Performance Work Statement (PWS) for acceptance/inspection criteria.

DoDAAC: F2QF04 CountryCode: USA

F2QF04 HQ ACC AMIC DRR

AF BPN NO MILSBILLS CP 7577648901, 300 EXPLORATION WAY STE 424

LANGLEY AFB, VA 23666-0000

UNITED STATES

RPA Program Manager Email: ACCAMIC.PMAU.RPABranch@us.af.mil Telephone: 757-764-9427

Authorized Accepting Official

Acceptance Other Instructions: See Performance Work Statement (PWS) for acceptance/inspection criteria.

DoDAAC: F2QF04 CountryCode: USA

F2QF04 HQ ACC AMIC DRR

AF BPN NO MILSBILLS CP 7577648901, 300 EXPLORATION WAY STE 424

LANGLEY AFB, VA 23666-0000

UNITED STATES

RPA Program Manager Email: ACCAMIC.PMAU.RPABranch@us.af.mil Telephone: 757-764-9427

Authorized Accepting Official

Acceptance Other Instructions: See Performance Work Statement (PWS) for acceptance/inspection criteria.

DoDAAC: F2QF04 CountryCode: USA

F2QF04 HQ ACC AMIC DRR

AF BPN NO MILSBILLS CP 7577648901, 300 EXPLORATION WAY STE 424

LANGLEY AFB, VA 23666-0000

UNITED STATES

RPA Program Manager Email: ACCAMIC.PMAU.RPABranch@us.af.mil Telephone: 757-764-9427

Authorized Accepting Official

Acceptance Other Instructions: See Performance Work Statement (PWS) for acceptance/inspection criteria.

DoDAAC: F2QF04 CountryCode: USA

F2QF04 HQ ACC AMIC DRR

AF BPN NO MILSBILLS CP 7577648901, 300 EXPLORATION WAY STE 424

LANGLEY AFB, VA 23666-0000

UNITED STATES

RPA Program Manager Email: ACCAMIC.PMAU.RPABranch@us.af.mil Telephone: 757-764-9427

Authorized Accepting Official

Acceptance Other Instructions: See Performance Work Statement (PWS) for acceptance/inspection criteria.

DoDAAC: F2QF04 CountryCode: USA

F2QF04 HQ ACC AMIC DRR

AF BPN NO MILSBILLS CP 7577648901, 300 EXPLORATION WAY STE 424

LANGLEY AFB, VA 23666-0000

UNITED STATES

RPA Program Manager Email: ACCAMIC.PMAU.RPABranch@us.af.mil Telephone: 757-764-9427

Section F - Deliveries or Performance

From 01 Apr 2025 to 31 Mar 2030

Line Item Delivery Schedule Estimated Quantity

Address and POC

3 Months

Period of Performance From 01 Apr 2025 To 30 Jun 2025

60 Months

Period of Performance From 01 Apr 2025 To 31 Mar 2030

60 Lot

Period of Performance From 01 Apr 2025 To 31 Mar 2030

5 Lot

Period of Performance From 01 Apr 2025 To 31 Mar 2030

5 Lot

Period of Performance From 01 Apr 2025 To 31 Mar 2030

60 Months

Period of Performance From 01 Apr 2025 To 31 Mar 2030

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.242-15 Stop-Work Order. Aug 1989 52.247-55 F.o.b. Point for Delivery of Government-Furnished Property. Jun 2003

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

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

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items-

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

Combo

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

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

Invoice 2in1

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

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA4890 Admin DoDAAC FA4890 Inspect By DoDAAC See Task Order Schedule Ship To Code Not Applicable (N/A) Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) See Task Order Schedule Service Acceptor (DoDAAC) See Task Order Schedule (Enter F2QF04 if Approver is F2QF04) Accept at Other DoDAAC See Task Order Schedule (Enter F2QF04 if Approver is NOT F2QF04) LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

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

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

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

(g) WAWF point of contact.

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

Contact the RPA Deputy Program Manager, Contracting Officer or Contract Manager for assistance submitting RPA invoices.

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

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

(End of clause)

Section H - Special Contract Requirements

H-1. ORGANIZATIONAL CONFLICT OFINTEREST (OCI) PLAN

The Contractor shall maintain an OCI Plan to reduce the likelihood of an actual or perceived OCI. In order to prevent OCI under this contract or any task orders issued under this contract, guidance in this clause will apply to eliminate:

a) Conflicting roles which might bias a Contractor's judgment or objectivity.

b) An unfair competitive advantage to a Contractor.

c) The appearance of an unfair competitive advantage.

Parties recognize Contractors will play a very visible and responsible role in fulfilling RPA operations and maintenance requirements. In that capacity, Contractors may have access to information that is not available to the public, which:

a) may give a Contractor an unfair competitive advantage; and/or

b) creates an appearance that a Contractor has an unfair competitive advantage even if no such advantage actually exists.

To avoid, neutralize, or mitigate a potential conflict of interest, the Contractor shall not, during performance of the contract, engage (as a Prime Contractor, subcontractor, supplier, or consultant) in any contract or task order that would design, develop, implement, operate, or sustain any system or deliverable that is based on a recommended solution provided under a RPA task order without an OCI Plan in accordance with FAR Subpart 9.5.

The Contractor agrees to accept, and pursue to completion, all tasks identified hereunder and to ensure that its parents, subsidiaries, and affiliates do not enter into contractual agreements as Prime Contractors or first tier subcontractors which would create a conflict within the meaning of this clause, except as follows: If performance of a task could cause a conflict of interest within the meaning of this clause with a contract or subcontract held by the Contractor, its parent, subsidiaries or affiliates, which pre-existed the identification of the task to the Contractor, the Contractor must disclose the conflict of interest to the Contracting Officer. If the Contracting Officer confirms that the conflict exists, the parties will consider the alternatives available to eliminate the conflict and mutually resolve it considering the relative burdens created by the prospective solutions.

If the Contractor discovers an actual or potential organizational conflict of interest not previously considered and adequately mitigated under this clause and the Contractor's OCI Plan, the Contractor shall make a prompt and full disclosure in writing to the Contracting Officer. This report shall include a description of the violation and the actions the Contractor has taken or proposes to take to mitigate and avoid repetition of the violation. The Contractor shall routinely monitor its proposed business development and shall discuss any real or perceived OCI issues with the Contracting Officer and affected customers to proactively resolve and/or mitigate those potential OCI issues. After full analysis, the Contracting Officer and the Contractor will agree on appropriate corrective action, if any, or the Contracting Officer will direct such action, subject to the terms of this contract.

OCI violations are a significant contract performance issue. Lack of adherence to the OCI Plan or this local clause may have serious consequences that may include contract termination, suspension and debarment, or other appropriate remedies or administrative actions.

(End)

FAR Clauses Incorporated by Full Text

52.234-4 Earned Value Management System. (Nov 2016)

As prescribed in 34.203(c), insert the following clause:

Earned Value Management System (Nov 2016)

(a) The Contractor shall use an earned value management system (EVMS) that has been determined by the Cognizant Federal Agency (CFA) to be compliant with the guidelines in Electronic Industries Alliance Standard 748 (EIA-748) (current version at the time of award) to manage this contract.

If the Contractor's current EVMS has not been determined compliant at the time of award, see paragraph (b) of this clause. The Contractor shall submit reports in accordance with the requirements of this contract.

(b) If, at the time of award, the Contractor's EVM System has not been determined by the CFA as complying with EVMS guidelines or the Contractor does not have an existing cost/schedule control system that is compliant with the guidelines in EIA- 748 (current version at time of award), the Contractor shall-

(1) Apply the current system to the contract; and

(2) Take necessary actions to meet the milestones in the Contractor's EVMS plan approved by the Contracting Officer.

(c) The Government will conduct an Integrated Baseline Review (IBR). If a pre-award IBR has not been conducted, a post award IBR shall be conducted as early as practicable after contract award.

(d) The Contracting Officer may require an IBR at-

(1) Exercise of significant options; or

(2) Incorporation of major modifications.

(e) Unless a waiver is granted by the CFA, Contractor proposed EVMS changes require approval of the CFA prior to implementation. The CFA will advise the Contractor of the acceptability of such changes within 30 calendar days after receipt of the notice of proposed changes from the Contractor.

If the advance approval requirements are waived by the CFA, the Contractor shall disclose EVMS changes to the CFA at least 14 calendar days prior to the effective date of implementation.

(f) The Contractor shall provide access to all pertinent records and data requested by the Contracting Officer or a an authorized representative as necessary to permit Government surveillance to ensure that the EVMS conforms, and continues to conform, with the performance criteria referenced in paragraph (a) of this clause.

(g) The Contractor shall require the subcontractors specified below to comply with the requirements of this clause: [Insert list of applicable subcontractors.]

To be determined at time of award ____ ____

(End of clause)

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

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

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

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-15 Defense Priority and Allocation Requirements. Apr 2008 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications. Jun 2020 52.215-12 Subcontractor Certified Cost or Pricing Data. Jun 2020 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications. Jun 2020 52.215-14 Integrity of Unit Prices. Nov 2021 52.215-15 Pension Adjustments and Asset Reversions. Oct 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. Jul 2005 52.215-19 Notification of Ownership Changes. Oct 1997

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

Nov 2021

52.216-11 Cost Contract-No Fee. Apr 1984 52.219-8 Utilization of Small Business Concerns. Feb 2024 52.219-9 Small Business Subcontracting Plan. Sep 2023 52.219-9 Small Business Subcontracting Plan. (Alternate II) Sep 2023 Alternate II Nov 2016 52.219-16 Liquidated Damages-Subcontracting Plan. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-29 Notification of Visa Denial. Apr 2015 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-41 Service Contract Labor Standards. Aug 2018

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

Aug 2018

52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-10 Waste Reduction Program. May 2024

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

May 2024

52.223-19 Compliance with Environmental Management Systems. May 2011 52.223-20 Aerosols. May 2024

52.223-23 Sustainable Products and Services. May 2024 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-7 Insurance-Liability to Third Persons. Mar 1996 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-6 Taxes-Foreign Fixed-Price Contracts. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.230-2 Cost Accounting Standards. Jun 2020 52.230-6 Administration of Cost Accounting Standards. Jun 2010 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-20 Limitation of Cost. Apr 1984 52.232-22 Limitation of Funds. Apr 1984 52.232-24 Prohibition of Assignment of Claims. May 2014 52.232-25 Prompt Payment. (Alternate I) Jan 2017 Alternate I Feb 2002 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-1 Disputes. (Alternate I) May 2014 Alternate I Dec 1991 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.237-3 Continuity of Services. Jan 1991 52.242-3 Penalties for Unallowable Costs. Dec 2022 52.242-5 Payments to Small Business Subcontractors. Jan 2017 52.242-13 Bankruptcy. Jul 1995 52.243-1 Changes-Fixed-Price. Aug 1987 52.243-1 Changes-Fixed-Price. (Alternate I) Aug 1987 Alternate I Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services. Feb 2024 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012 52.246-25 Limitation of Liability-Services. Feb 1997 52.246-26 Reporting Nonconforming Items. Nov 2021 52.247-68 Report of Shipment (REPSHIP). Feb 2006 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984 52.249-6 Termination (Cost-Reimbursement). May 2004 52.249-8 Default (Fixed-Price Supply and Service). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7022 Expediting Contract Closeout. May 2021 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.216-7003 Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government.

Mar 2012

252.216-7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.

Sep 2011

252.219-7003 Small Business Subcontracting Plan (DoD Contracts). Dec 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

Sep 2014

252.225-7004 Report of Intended Performance Outside the United States and Canada - Submission after Award.

Jul 2024

252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

Jan 2023

252.225-7995 Contractor Personnel Performing in the United States Central Command Area of Responsibility (DEVIATION 2017-O0004)

Sep 2017 Deviation 2017-O0004 Sep 2017

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.227-7015 Technical Data-Commercial Products and Commercial Services. Mar 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.242-7004 Material Management and Accounting System. May 2011 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.244-7001 Contractor Purchasing System Administration. May 2014 252.245-7003 Contractor Property Management System Administration Apr 2012 252.245-7005 Management and Reporting of Government Property. Jan 2024 252.247-7023 Transportation of Supplies by Sea. Jan 2023

Supplemental Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

5352.204-9002 Security Incident Reporting and Procedures Jun 2024

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. (Dec 1989)

As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of ACC AMIC/PKC[identify title of designated agency official here] and shall not be binding until so approved.

(End of clause)

52.204-2 Security Requirements. (Mar 2021)

As prescribed in 4.404(a), insert the following clause:

Security Requirements (Mar 2021)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with-

(1) The Security Agreement DD Form441), including the National Industrial Security Program Operating Manual (32 CFR part 117); and

(2) Any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.216-7 Allowable Cost and Payment. (Aug 2018)

As prescribed in 16.307(a), insert the following clause:

Allowable Cost and Payment (Aug 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232- 25.

(3) The designated payment office will make interim payments for contract financing on the 30th[Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only-

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor##s payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)

(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/wp-content/uploads/2017/11 /ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11

/ContractorCompensationCapContractsAwardedafterJune24.pdf.

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).

(G) Management letter from outside CPAs concerning any internal control weaknesses.

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

(K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report.

(M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.

(6)

(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may-

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates-

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be-

(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or

(2) Adjusted for prior overpayments or underpayments.

(h) Final payment.

(1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver-

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the…