Solicitation - FA251821R0003.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

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 No. 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. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. 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 ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./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 No. 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 NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

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:

10 U.S.C. 2304 (c) ( )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. 6/2014)

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

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

FA251821R0003

Section A - Solicitation/Contract Form

Defense Priorities Allocation System (DPAS) Priority Rating: 16 DEC 2020

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

FFP/CPFF Task Orders. Contractor shall provide all the necessary supplies, equipment, personnel, and transportation to perform requirements as directed in individual task orders issued under this CLIN. The specific price/cost elements will be negotiated at the delivery/task order level.

Cost - The purpose of this CLIN is to utilize ODC and Travel CLINs on subsequent task orders. The use of this CLIN will be negotiated at the task order level.

Cost No Fee

0003 Data - Exhibit A Data - Exhibit A -

DD1423

Section C - Description/Specifications/Statement of Work

Requirements Providing survivability and vulnerability determination strategies for Air and Space Force operations; includes threat assessments, requirements development, operational training, studies and mission analyses; Planning /Programming analyses, civilian personnel support, concept development, integration analysis, policy and doctrine analysis.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. 1996-08 52.246-5 Inspection of Services-Cost-Reimbursement. 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04

Section F - Deliveries or Performance

Contractor Destination

Delivery Schedule

Period of Performance From

01 MAR 2021

To

28 FEB 2026

Delivery Schedule

Period of Performance From

01 MAR 2021

To

28 FEB 2026

Delivery Schedule

Period of Performance From

01 MAR 2021

To

28 FEB 2026

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.247-34 F.o.b. Destination. 1991-11

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.231-7000 Supplemental Cost Principles 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause— Definitions.

“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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

(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.

Invoice 2in1

(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 item financing, submit a commercial item financing request.

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

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

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 FA2518

Admin DoDAAC FA2518

Inspect By DoDAAC FA2518

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) FA2518

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*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) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

Not applicable

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

252.232-7007 Limitation of Government's Obligation. 2014-04

As prescribed in 232.705-70, use the following clause:

LIMITATION OF GOVERNMENT’S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.

1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ TBD at the TO level

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(End of clause)

Section H - Special Contract Requirements

H001 Ordering Procedures

Task Order (TO) proposals and awards shall comply with FAR 16.505, DFARS 216.505, and AFFARS

5316.505. Orders shall be awarded as Firm-Fixed-Price (FFP) or Cost-Plus-Fixed-Fee (CPFF) along with Cost Reimbursement (CR) CLINs (i.e., travel, ODCs, etc.) as determined by the Contracting Officer (CO). All issued TO's will be in compliance with the basic contract terms and conditions. The process for a task order award includes issuance of a Task Order Proposal Request (TOPR), questions and answers (when applicable), proposal submission, proposal evaluation, interchanges (when applicable), and task order award.

Proposal Process The CO will issue a TOPR to the prime contractor. The TOPR will include specific instructions for the submission of proposals and may include the following information, as applicable:

1. A description of the specified work [i.e. Performance Work Statement (PWS), Statement of Work (SOW), and Statement of Objectives (SOO)] and data items required, including the site location;

2. The anticipated performance period/delivery date and critical milestones;

3. The deadlines for questions and proposal due date;

4. The anticipated TO contract type: FFP or CPFF;

5. The anticipated CLIN structure;

6. Any Government-Furnished Property (GFP), information (GFI), facilities (GFF) and base support to be made available for performance under the task order,

7. Evaluation factors and subfactors that will be evaluated for acceptability.

8. Additional information that has been determined necessary by the Government as part of the TOPR package;

Technical Proposals. The Government will specify the maximum page limits for each TO technical proposal in the TOPR. Proposals shall not merely restate SOO/SOW/PWS requirements. All proposals will be evaluated for technical acceptability (see DFARS 216.505-70). The Government may exercise broad discretion in establishing the evaluation criteria, which may include any combination of the Factors and Subfactors listed below

1. Technical Factor

a. Management Approach

b. Technical Approach

c. Staffing Approach

d. Schedule

e. Mobilization/Demobilization Approach

2. Key personnel assigned (if applicable)

3. Teaming Arrangement (including subcontracting)

Price/Cost Proposals. A written price/cost proposal shall always be required. The price/cost factor may be evaluated for reasonableness, balance, realism, or completeness. All TOPRs will include a CLIN sheet for the offerors to include their pricing. The Government may require supporting documentation for the prices proposed (to include subcontracting data), but that will be determined at the TOPR level.

Proposal Evaluation: Since there is only one awardee, no tradeoffs will occur between technical and price/cost, nor is there a need to establishing the relative importance of each factor/subfactor. Instead, all proposals will be evaluated for technical acceptability (see DFARS 216.505-70) and price/cost will be evaluated for reasonableness, balance, realism, or completeness (as applicable).

The Government intends to make an award for each TO based on the initial proposal submissions without conducting interchanges; therefore, each offer should contain the offeror's best terms from a price/cost and technical standpoint. The Government, however, reserves the right to hold interchanges if, during the evaluation, it is determined to be in the best interest of the Government. Interchanges are fluid interactions between the contracting officer (CO) and the contractor that may address any aspect of the proposal and may or may not be documented in real time. If the Government enters interchanges, the Government may request revised proposals.

At the conclusion of the technical acceptability evaluations, the Government will only make an award after determining the proposed price/cost as fair, reasonable, balanced, complete, and realistic (if applicable).

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. 2020-06 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 52.203-7 Anti-Kickback Procedures. 2020-06 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2020-06 52.203-13 Contractor Code of Business Ethics and Conduct. 2020-06

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

2020-06

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

2017-01

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. 2017-01 52.204-2 Security Requirements. 1996-08 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2020-06 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08

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

2018-07

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

2020-06

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.210-1 Market Research. 2020-06 52.216-8 Fixed Fee. 2011-06 52.216-11 Cost Contract-No Fee. 1984-04 52.217-2 Cancellation Under Multi-year Contracts. 1997-10 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. 2020-03 52.219-8 Utilization of Small Business Concerns. 2018-10 52.219-9 Small Business Subcontracting Plan. 2020-06 52.219-14 Deviation 2020-O0008 Limitations on Subcontracting (DEVIATION 2020-O0008) 2020-03 52.219-16 Liquidated Damages-Subcontracting Plan. 1999-01 52.222-1 Notice to the Government of Labor Disputes. 1997-02 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2020-06 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12 52.222-50 Combating Trafficking in Persons. 2020-10 52.222-54 Employment Eligibility Verification. 2015-10 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.223-19 Compliance with Environmental Management Systems. 2011-05 52.224-3 Privacy Training. 2017-01 52.224-3 Alternate I Privacy Training. - (Alternate I) 2017-01 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.227-1 Authorization and Consent. 2020-06 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. 2020-06 52.228-5 Insurance-Work on a Government Installation. 1997-01 52.229-3 Federal, State, and Local Taxes. 2013-02 52.229-12 Tax on Certain Foreign Procurements. 2020-06 52.232-1 Payments. 1984-04 52.232-8 Discounts for Prompt Payment. 2002-02 52.232-11 Extras. 1984-04 52.232-17 Interest. 2014-05 52.232-23 Assignment of Claims. 2014-05 52.232-25 Prompt Payment. 2017-01 52.232-25 Alternate I Prompt Payment. - (Alternate I) 2017-01 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-3 Alternate I Protest after Award. - (Alternate I) 1996-08 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04

52.242-1 Notice of Intent to Disallow Costs. 1984-04 52.242-3 Penalties for Unallowable Costs. 2014-05 52.242-5 Payments to Small Business Subcontractors. 2017-01 52.242-13 Bankruptcy. 1995-07 52.243-1 Alternate III Changes-Fixed-Price. - (Alternate III) 1987-08 52.243-2 Alternate I Changes-Cost-Reimbursement. - (Alternate I) 1987-08 52.244-6 Subcontracts for Commercial Items. 2020-08 52.245-1 Government Property. 2017-01 52.245-9 Use and Charges. 2012-04 52.246-25 Limitation of Liability-Services. 1997-02 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-4 Termination for Convenience of the Government (Services) (Short Form). 1984-04 52.249-6 Termination (Cost-Reimbursement). 2004-05 52.249-8 Default (Fixed-Price Supply and Service). 1984-04 52.249-14 Excusable Delays. 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

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

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:

2019-08

252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2020-11 252.204-7021 Cybersecurity Maturity Model Certification Requirements. 2020-11 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12

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

2019-05

252.211-7007 Reporting of Government-Furnished Property. 2012-08 252.219-7003 Small Business Subcontracting Plan (DoD Contracts). 2019-12 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.222-7999 Deviation 2021-

OCCCC

Combating Race and Sex Stereotyping (DEVIATION 2021-OCCCC) 2020-11

252.223-7004 Drug-Free Work Force. 1988-09 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12

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

2020-10

252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.225-7993 Deviation 2020- O0001

Prohibition on Providing Funds to the Enemy (DEVIATION 2020-O0001) 2019-11

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

2019-04

252.227-7000 Non-Estoppel 1966-10 252.232-7010 Levies on Contract Payments. 2006-12 252.232-7011 Payments in Support of Emergencies and Contingency Operations. 2013-05

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

2020-04

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.242-7004 Material Management and Accounting System. 2011-05 252.242-7005 Contractor Business Systems. 2012-02 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2020-10 252.244-7001 Contractor Purchasing System Administration. 2014-05 252.245-7002 Reporting Loss of Government Property. 2017-12 252.245-7003 Contractor Property Management System Administration. 2012-04

FAR Clauses Incorporated by Full Text

52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12

As prescribed in , insert the following clause.4.1202(b)

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

2020-08

As prescribed in , insert the following clause:4.2105(b)

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

As used in this clause—(a) Definitions.

means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( , Backhaul e.g.

connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

means The People’s Republic of China.Covered foreign country means–Covered telecommunications equipment or services

Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such (1) entities);

For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other (2) national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

Telecommunications or video surveillance services provided by such entities or using such equipment; or(3)

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in (4) consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means–Critical technology

Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms (1) Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under (2) subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, (i) nuclear nonproliferation, or missile technology; or

For reasons relating to regional stability or surreptitious listening;(ii)

Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of (3) title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of (4) nuclear equipment and material);

Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title (5) 42 of such Code; or

Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. (6) 4817).

means arrangements governing the physical connection of two or more networks to allow the use of another's Interconnection arrangements network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.

company B) or sharing data and other information resources.

means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or Reasonable inquiry provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the Roaming e.g.

facilities of the home network either because signal coverage is too weak or because traffic is too high.

means any component necessary for the proper function or performance of a piece of equipment, system, or Substantial or essential component service.

. (b) Prohibition (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

This clause does not prohibit contractors from providing—(c) Exceptions.

A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or(1)

Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such (2) equipment transmits or otherwise handles.

Reporting requirement. (d) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or (1) essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the

Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause(2)

Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; (i) supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about (ii) mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

The Contractor shall insert the substance of this clause, including in all (e) Subcontracts. this paragraph (e) and excluding paragraph (b)(2), subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.216-7 Allowable Cost and Payment. 2018-08

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

ALLOWABLE COST AND PAYMENT (AUG 2018)

Invoicing. (a) The Government will make payments to the Contractor when requested as work progresses, but (except for small business (1) 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.

Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior (2) 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.

The designated payment office will make interim payments for contract financing on the [Contracting Officer insert day as (3) 30th 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.

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

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

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

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

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

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

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

Direct labor;(C)

Direct travel;(D)

Other direct in-house costs; and(E)

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

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

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

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

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

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

Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or (4) 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.

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

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

(2) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency (i) 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.

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

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

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

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

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

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

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

Facilities capital cost of money factors computation.(F)

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

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

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

. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier (J) Subcontract information 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).

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

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

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

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

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

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

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

General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(B) (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.

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

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

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

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

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

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

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

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

Federal and State income tax returns.(K)

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

Minutes from board of directors meetings.(M)

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

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

The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct (v) 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.

The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost (3) 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.

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

Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost (5) 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) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the (i)

Contracting Officer may-

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

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

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

. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing (e) Billing rates 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-

Shall be the anticipated final rates; and(1)

May be prospectively or retroactively revised by mutual agreement, at either…