FY23 RFP - 556 Training Ammo.pdf

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL (RFP)

RFP-15F06723R0000200

Caliber - 5.56mm NATO | .223 Remington

Training Reduced-Lead

June 13, 2023

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - Intentionally left blank

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 - DESCRIPTION OF SUPPLIES

B.2 - TYPE OF CONTRACT

B.3 - CONTRACT AND ORDER LIMITATIONS

B.4 - PRICING / THREE (3) YEAR ESTIMATED CONTRACT TOTAL

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (SOW)

C.1 - GENERAL DESCRIPTION

C.2 - SCOPE

C.3 - GENERAL REQUIREMENTS

C.4 - CARTRIDGE SPECIFICATIONS

C.5 - FUNCTIONING AND AMMUNITION DEFECTS

C.6 - QUALITY CONTROL PLAN

C.7 - AUTHORIZED BUYERS

C.8 - REPORTS

C.9 - SECURITY AND ACCESS CONTROL

C.10 - MEDIA STATEMENTS

SECTION D - PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

D.2 - PACKAGING AND IDENTIFICATION

SECTION E - INSPECTION AND ACCEPTANCE

E.1 - QUALITY ASSURANCE

E.2 - WARRANTIES

SECTION F - DELIVERIES AND PERFORMANCE

F.1 - PERIOD OF PERFORMANCE

F.2 - DELIVERY SCHEDULE

F.3 - NOTICE TO THE GOVERNMENT OF DELAYS

F.4 - PLACE OF DELIVERY

F.5 - F.O.B. DESTINATION

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 - CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.2 - ORDERING

G.3 - INVOICE REQUIREMENTS

G.4 - SMALL BUSINESS ACCELERATED PAYMENT

G.5 - PAYMENT

G.6 - WITHHOLDING OF CONTRACT PAYMENTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 - DISCLOSURE OF DATA UNDER FOIA

H.2 - GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

H.3 - ACCESS TO FEDERAL BUREAU OF INVESTIGATION LOCATIONS

H.4 - CONTRACTOR SUITABILITY REQUIREMENT

H.5 - DISRUPTION TO THE SCHEDULE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 - CLAUSES INCORPORATED BY REFERENCE

I.2 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

I.3 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS

I.4 - ORDERING

I.5 - ORDER LIMITATIONS

I.6 - INDEFINITE QUANTITY

I.7 - OPTION TO EXTEND THE TERM OF THE CONTRACT

I.8 - CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC,

INFLUENZA OR OTHER NATIONAL EMERGENCY

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT #1 - PRICING MATRIX

ATTACHMENT #2 - PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT #3 - MANUFACTURER CHECKLIST

ATTACHMENT #4 - MANUFACTURER TEST DATA SHEETS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 - INFORMATION REGARDING RESPONSIBILITY MATTERS

K.2 - CERTIFICATION REGARDING TAX MATTERS

K.3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

K.4 - PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND

REDUCTION GOALS - REPRESENTATION

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 - TYPE OF CONTRACT

L.3 - SERVICE OF PROTEST

L.4 - PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF

JUSTICE

L.5 - GENERAL INSTRUCTIONS FOR PREPARING PROPOSALS

L.6 - PROPOSAL PREPARATION INSTRUCTIONS: TECHNICAL

L.7 - PROPOSAL PREPARATION INSTRUCTIONS: PRICE

L.8 - PROPOSAL PREPARATION INSTRUCTIONS: PAST PERFORMANCE

L.9 - PROPOSAL PREPARATION INSTRUCTIONS: SAMPLE AMMUNITION

L.10 - INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 - EVALUATION - COMMERCIAL ITEMS

M.2 - EVALUATION CRITERIA

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 DESCRIPTION OF SUPPLIES

Contractor shall provide Training Reduced-Lead ammunition in 5.56mm NATO / .223 Remington caliber under the policies and procedures prescribed in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with Part 15, Contracting by Negotiations.

B.2 TYPE OF CONTRACT

The contracts will be structured as a Fixed Price, Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract for a four (4) month base period and two (2) possible one-year option periods. Contracts shall be awarded with a primary and secondary contract. The FBI anticipates making up to two (2) IDIQ contract awards to the highest technically rated Offerors. The FBI will not conduct a best value tradeoff on this procurement.

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies specified in the contract up to and including the quantities designated in the contract as the “maximum.” The Government shall order at least the quantity of supplies designated as the “minimum,” hereby established as $1,000.00 over the life of each contract.

The government shall not be required to purchase from the Offeror any additional quantities after the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual delivery orders or the Government Purchase Card Program.

Maximum thresholds for each established IDIQ shall follow the below matrix:

Ammunition 5.56mm / .223 Rem. Training

Primary $20 Million

Secondary $2 Million

B.4 PRICING/THREE (3) YEAR ESTIMATED CONTRACT COST

Price proposals shall be submitted using the Pricing Matrix provided in this solicitation, refer to Section J, List of Attachments, Attachment 1 of the solicitation package.

[End of Section]

SECTION C - STATEMENT OF WORK

5.56mm NATO / .223 Remington Caliber Ammunition

C.1 GENERAL DESCRIPTION

The Federal Bureau of Investigation (FBI) is the federal government's principal agency responsible for investigating violations of more than 260 Federal statutes. As an investigative arm of the Unites States Department of Justice, FBI personnel, in the execution of their responsibilities, may be involved in high threat assignments where deadly force may be used in the face of violent confrontations.

In direct support of training, the FBI has a need to acquire 5.56mm NATO/.223 Remington reduced lead ammunition for training. FBI carbines are chambered in 5.56mm NATO/.223 Remington. Offerors may submit either 5.56mm NATO or .223 Remington ammunition. Both ammunition types will hereafter be referred to as “5.56mm.”

The FBI requires and tests to ensure that training ammunition is accurate and reliable.

C.2 SCOPE

C.2.1 Provide Training Reduced-Lead ammunition which is fully compatible with all

5.56mm weapons issued or approved by the FBI (see Section C.5.1).

C.2.2 Deliver within 90 days after receipt of order. Deliveries to be shipped FOB destination to all FBI (and other approved Federal government) locations within CONUS, as well as Hawaii, Alaska, and Puerto Rico.

C.2.3 Provide ammunition that is satisfactory to DOJ personnel as reflected in quality assurance testing designed to ensure proper functionality when fired from a firearm in the FBI inventory (see Section C.5.1).

C.3 GENERAL REQUIREMENTS

C.3.1 Ammunition shall conform to all dimensional specifications and recommended performance standards by the Sporting Arms and Ammunition Manufacturers Institute (SAAMI)1 or 5.56mm NATO standards; however, the Government reserves the right to require more stringent specifications than those set forth by the SAAMI/NATO to meet specific department needs.

1 Published by SAAMI, 11 Mile Hill Road, Newtown, Connecticut 06470. Available through American National Standards Institute (ANSI), 11 West 42nd Street, Thirteenth Floor, New York, New York 10036,

(212) 642-4900, Publication: ANSI/SAAMI 299.4-2015.

C.3.2 Ammunition shall consist of production ammunition manufactured by the Offeror.

C.3.3 No component of the round shall have been used previously. Reloaded ammunition is prohibited.

C.3.4 Offeror shall be capable of manufacturing the entire quantity of ammunition at the

Offeror’s manufacturing facility within the required time frames. The Offeror may purchase components for the cartridge from other sources, but the Offeror shall be the primary manufacturer of the ammunition. The Offeror must not use or employ any subcontractors without the prior written approval of the FBI.

C.3.5 Contractor shall provide annual proof of liability insurance for a minimum amount of

$5,000,000 (U.S. Dollars).

C.3.6 Contractor shall be capable of conducting continuous in-house quality control testing to ensure chamber pressures and velocities are maintained in accordance with the recommended specifications of the SAAMI, NATO, and/or this solicitation. Further, the vendor must possess the capability of conducting failure analysis on any cartridge or component returned by the FBI which does not function as designed or that exhibits signs of an obvious anomaly. Findings of failure analysis will be reported to the FBI in writing, within 5 business days from receiving the cartridge or component from the FBI, concerning the findings and remedial action taken by the vendor to correct the defect, if warranted.

C.3.7 The vendor shall not make any alterations to the ammunition design or components, including but not limited to powder, primer, cartridge case, projectile, or suppliers thereof, without prior notification, and written approval by the COR.

C.4 CARTRIDGE SPECIFICATIONS

C.4.1 Projectile Weight2

Training Reduced-Lead: The unfired projectile shall not weigh less than 45 grains, nor shall it weigh more than 77 grains (+/- 2%)

C.4.2 Projectile Design

The projectile design shall not require that a clean barrel be seasoned by the firing of fouling shots in order to achieve optimal accuracy. If any type of surface coating is applied to the projectile, it shall not wear off or transfer under normal handling

2 The established SAAMI tolerances for bullet weight apply, “To 100 grains – Nominal Weight +2%. 100 grains & over – Nominal Weight + 1.5%.”

and/or storage (e.g., inside a pocket, etc.).

The bullet pull force will be sufficient so as not to dislodge the projectile from its seated position in a previously un-chambered cartridge during recoil (i.e., when contained in the magazine) or when feeding/chambering in the weapons listed.

The manufacturer shall certify and warrant that the projectile design is compatible with all listed weapons (see Section C.5.1 for a list of the weapons) and will not cause abnormal wear or damage to any components of these weapons.

The projectiles shall not leave remnants of copper jackets or other metals in the weapon when fired which could interfere with the cycle of operation.

The projectiles shall not have a steel core.

If the projectile contains a lead core, it shall have no exposed lead on its base. Plated, encapsulated full metal jacket, or open tip match designs are acceptable.

The projectile shall not be of a frangible design.

C.4.3 Projectile Accuracy Characteristics – Test Barrel

Training Reduced-Lead: Two 10-shot groups will be fired in an 11.5”, 1:7” twist,

5.56 NATO test barrel. The average of the two groups may not exceed four (4) inches at 100 meters.

C.4.4 Cartridge Case

Training Reduced-Lead: The cartridge case shall be metallic (brass, stainless steel, steel alloy, and steel are acceptable).

The cartridge case shall bear the manufacturer’s name (abbreviations are acceptable) and the caliber of the round. The year of manufacture or a code to indicate the year of manufacture is required3.

While not required, Training Reduced-Lead may be waterproofed. The sealant(s) should not interfere with the cycle of operation in the weapon.

The cartridge case shall not rupture or split when fired in quality firearms (see Section C.5.1), absent circumstances beyond the vendor’s control, such as those caused by the shooter or a defective weapon.

3 Test samples submitted for this RFP are not required to have this information on the headstamp; however, the requirement will not be waived if the Offeror’s sample is selected for an award.

The cartridge case head shall be of sufficient hardness to prevent the incidence of a blown primer when fired in the firearms referenced in Section C.5.1.

C.4.5 Primer

Primers for Training Reduced-lead ammunition shall be lead-free and non-corrosive.

The primer shall be staked or crimped in place. Primers shall remain securely in place in the primer pocket during the entire cycle of operation.

C.4.6 Pressure

The Government requires that all ammunition selected under this RFP will be safe to fire in weapons specified in Section C.5.1 carbines at temperatures between - 40°F and +140°F.

Maximum Probable Sample Mean (MPSM) chamber pressures shall not exceed 58,500 PSI and no single shot shall exceed 66,150 PSI.

C.4.7 Propellant

It is required that the propellant be clean burning and not leave substantial fouling or powder residue in the firearm or on the floor in front of the shooter.

C.5 FUNCTIONING AND AMMUNITION DEFECTS

C.5.1 Ammunition must function4 in the following firearms in the FBI inventory or weapons authorized for personally owned carry. These weapons are:

FBI Carbine: 11.5” barrel, 5.56mm NATO chamber, 1:7 twist, chrome lined Colt barrel with Mil-Spec upper with M4 feed ramps.

o Lower receiver using an “H” buffer o Lower receiver modified to accept a Maxim Defense CQB Gen 6 Stock for AR-15, with buffer weight equivalent to H2 FBI SWAT Carbine: 11.5” barrel, 5.56mm NATO chamber, 1:7 twist, chrome lined Colt barrel with Mil-Spec upper with M4 feed ramps.

o Lower receiver using an “H” buffer o HUXWRK Safety Co. (formerly OSS) Flow 556k suppressor

Colt Patrol Carbine: 16”, 5.56mm NATO chamber, 1:7 twist, Model LE6940.

Geissele” Quantico Special”: 16” barrel, chrome lined, 5.56mm NATO chamber, 1:7 twist

4 Functioning is defined as feeding, chambering, locking, firing, unlocking, extracting, ejecting, and cocking. This is also referred to as the ”cycle of operation.”

C.5.2 Allowable ammunition failure rate is:

Training Reduced-Lead: No more than one (1) ammunition related failure per 2,500 round sample of training reduced-lead ammunition will be considered acceptable for the duration of the contact.

Ammunition-related failures shall not include failures which are shooter induced, caused by an improperly maintained weapon, and/or caused by a weapon defect.

C.5.3 Ammunition-related failures may occur at any point in the cycle of operation or while engaging in normal training and/or operational activities.

C.5.4 Ammunition specific-defects include, but are not limited to:

a) Deformed case

b) Inverted primer or bullet

c) Inert or defective primer

d) Squib load

e) Inconsistent bullet seating depth

f) Inconsistent powder charge

g) An excessive residue build up in the weapon

h) Excessive primer or bullet sealant (i.e., capable of causing fouling)

i) Cartridge not within recommended specifications of the SAAMI/NATO

j) Blown primer (excluding those caused by something other than ammunition)

C.5.5 In the event that an ammunition-related failure or an ammunition specific defect is encountered which exceeds the failure/defect rate established herein, the Government reserves the right to have the entire affected Lot/Day Code replaced at no additional cost to the Government.

C.5.6 Ammunition shall not result in visible damage to DOJ firearms through normal law enforcement usage. Contractor shall be responsible for all costs associated with the replacement of damaged firearms and/or parts.

C.6 QUALITY CONTROL PLAN

C.6.1 Contractor shall provide specific information on Quality Control measures applied to all ammunition acquired under contract. Any revisions shall be forwarded to the COR within five (5) calendar days of the effective date.

C.6.2 Ammunition which fails any portion of Contractor’s Quality Control testing shall be rejected and not shipped. No further attempts shall be made to correct or otherwise remediate ammunition which has failed any portion of the testing, for purposes of delivery under this contract.

C.6.3 For every LOT/Day Code shipped under this contract, Contractor shall provide pressure/velocity test reports (10 round sample). These reports shall be transmitted electronically to the FBI Ballistic Research Facility.

C.7 AUTHORIZED BUYERS

C.7.1 Interested parties shall contact the identified Administrative Contracting Officer for prior authorization. Authorized Buyers include: Department of Justice agency components. Other agencies may seek permission to utilize the contract on a case by case basis directly to the Administrative Contracting Officer.

C.8 REPORTS

C.8.1 Contractor shall provide quarterly reports, to the Contracting Officer, within ten (10) calendar days of the end of the quarter [Jan-Mar/Apr-Jun/Jul-Sep/Oct-Dec] during which supplies were ordered. The report shall include:

a) Contract Number

b) Period of Performance (ex: Base Year/Qtr. 1)

c) List of individual orders “ACCEPTED” during quarter for each authorized buyer (include delivery order number & dollar value of order).

NOTE: “ACCEPTED” refers to an order that has been received during the quarter, regardless if the order shipped. When an order has been received/accepted by the Contractor, the maximum, not to exceed, contract value is impacted.

d) Total dollar value of all accepted orders during the quarter (combined quarterly figure).

e) Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.

It is preferred that this information be provided using either Microsoft Access or Excel programs.

If the quarterly report is not provided within ten (10) calendar days of the end of quarter, a written explanation as to why the report is tardy.

C.9 SECURITY AND ACCESS CONTROL

C.9.1 All required security forms and fingerprint cards can be obtained by the Contractor through the COR, upon request. On-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior COR or Contracting Officer approval.

C.10 MEDIA STATEMENTS

C.10.1 All press statements and releases related to the contract shall receive advance written approval by the Administrative Contracting Officer.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label.

D.2 PACKAGING AND IDENTIFICATION

D.2.1 Ammunition shall have a minimum guaranteed shelf life of five (5) years from date of delivery.

D.2.2 Contractor shall be capable of tracking multiple ammunition lots sold and shipped under the contract in the event of a recall. Upon request, the contractor shall supply this information to the COR for warranty purposes.

D.2.3 Ammunition shall be contained within cases which shall not contain more than 1,000 rounds. As noted in Section D.2.9, Training Reduced-Lead ammunition shall be on stripper clips. Those stripper clips may be contained within boxes. The boxes, if utilized, and the cases shall reflect the following information:

a) Manufacturer name

b) Caliber of the round

c) Bullet weight and design

d) Lot number

e) Product number or code

f) Purpose: (i.e., “TRAINING REDUCED-LEAD”)

D.2.4 Stacked ammunition shipped on pallets shall display the following information, in plain view, on at least one exterior side (other than top or bottom) of the stack for the purpose of inventory management:

a) Manufacturer name

b) Caliber of the round

c) Bullet weight and design

d) Lot number(s)

e) Product number or code

f) Purpose: (i.e., “TRAINING REDUCED-LEAD”)

D.2.5 Box inserts, if present, shall be constructed of biodegradable or recyclable material.

Styrofoam or high density polystyrene inserts in the individual boxes are prohibited.

D.2.6 The box inserts, if present, shall not “pill” or leave observable particles or residue on ammunition removed from the insert.

D.2.7 The insert, box, and case shall be designed to support the weight of ammunition when palletized for shipping and storage.

D.2.8 No sales coupons or other promotional literature will be permitted inside the cartons or cases of ammunition.

D.2.9 Stripper clips - Training Reduced-Lead ammunition shall be on stripper clips.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY ASSURANCE

The Government shall monitor customer satisfaction by reviewing quarterly reports and tracking shipments. The satisfactory delivery of ammunition will be closely monitored and tracked by the COR as well as the FBI’s Ballistics Research Facility. Items tracked include:

timely delivery of supplies; accuracy of order; and condition of delivery upon receipt.

The Government may also periodically conduct random Quality Assurance (QA) testing of both retainer samples and Lots/Day Codes of ammunition to ensure items meet performance requirements for which the contract was awarded.

Ammunition which fail QA testing may be returned to the vendor, at no cost to the Government, and replaced with an equal amount of supplies. The Contractor will be notified by the COR, in writing, of the nature of the failure, defect, or deficiency.

Contractor shall take corrective action within five (5) days of written notification of a contract non-conformance. Action shall include replacement of all defective, deficient, or suspect ammunition; and provide COR with written results of failure analysis and preventative measures to avoid repetitive non-conformances.

Failure to maintain the quality, durability, and reliability standards established at the time of award is detrimental to the Government. Should a continuing pattern of failure emerge, this may constitute grounds for the initiation of termination proceedings.

E.2 WARRANTIES

The Contractor warrants this product to be free of defects and of merchantable quality within the meaning of the Uniform Commercial Code. Offeror further warrants that the product conforms to all applicable requirements as outlined in the Section C; quality and performance standards established by the Sporting Arms and Ammunition Manufacturers Institute (SAAMI) or NATO in effect at the time of manufacture; and guarantees that the product will maintain a useful shelf life under reasonable storage conditions (both CONUS and OCONUS) for a period of five (5) years from the date of purchase.

Contractor warrants the projectile design is compatible with all listed FBI weapons from section C.5.1 and will not result in abnormal wear or damage to any components of the weapons.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The anticipated period of performance shall be a Four (4) month base period, to begin on the date of award, with Two (2) potential one-year option periods.

F.2 DELIVERY SCHEDULE

Ammunition shall be drop shipped to destinations set forth in the respective delivery order or as designated by the Government Purchase Card Request Form. Contractor is to deliver the entire quantity of ammunition. Partial lots may be accepted with prior approval from the COR.

ALL DELIVERIES SHALL BE RECEIVED BY THE REQUESTOR NO LATER THAN 90 DAYS

AFTER RECEIPT OF ORDER BY THE CONTRACTOR.

Contractor shall makes their best effort to deliver within 90 days or provide the COR and Requestor with a realistic delivery date at the time an order is placed.

If delivery cannot be made within this timeframe, the Contractor shall forward notification with a detailed reason for delayed shipment to the COR and Requestor’s attention.

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with contract delivery schedules or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the COR, in writing, giving pertinent details; provided, however, that this data shall be informational only and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 PLACE OF DELIVERY

Delivery of all ammunition shall be FOB “Destination” within the CONUS, Alaska, Hawaii, and Puerto Rico. This will apply to any entities authorized to purchase ammunition under this contract.

F.5 F.O.B. DESTINATION (52.247-34) (NOV 1991)

(a) The term "F.O.B. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall;

(1) Pack and mark the shipment to comply with contract specifications; or in the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION

G.1 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE

(COR) (NOV 2020)

A. Mr. Nick Casey of the Defensive Systems Unit, RSA, is hereby designated to act as Contracting Officer’s Representative (COR) under (contract #), for the period of (specify the performance period of the contract that the designation covers).

B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract; Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily; evaluating performance of the contractor;

and, certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

C. The COR does not have the authority to issue direction that: constitutes a change of assignment or work outside the contract specification/work statement/scope of work. Constitutes a change as defined in the clause entitled “Changes” or other similar contract term. (iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance; Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract; Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

Interferes with the contractor's right to perform under the terms and conditions of the contract; Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(End of clause)

G.2 ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.506(a), Ordering, and the clause at 52.216-18, Ordering, any supplies and services to be furnished under these contracts shall be ordered by issuance of delivery orders by entities authorized under the contract.

G.3 INVOICING REQUIREMENTS

Invoices shall be submitted electronically to Invoice Processing Platform (IPP.gov).

All invoices are required to have a unique identifying, non-duplicable number, and reflect the contract number, delivery order number, list of supplies, delivery date and Contractor point of contact information (name, email address, phone number).

It shall be the Contractor’s responsibility to include the information required by this contract on each invoice. If an invoice does not contain the above information, the Government reserves the right to reject the invoice as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required.

Any requirement for resubmission for payment or Contractor questions regarding payment should be directed to the COR or Agency Point of Contact under the contract.

All follow-up invoices (i.e., revised, resubmitted) shall be marked "REVISED".

G.4 SMALL BUSINESS ACCELERATED PAYMENT

Contractor must indicate its business size on each invoice to assist payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-

11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND

SERVICES’, dated 09/14/2011. The Prompt Payment Act still applies to this action;

however, the agency will make best efforts to pay proper invoices within 15 days.

G.5 PAYMENT

Payment will be made by the FBI’s Commercial Payments Unit (CPU) in accordance with the Prompt Payment Act upon COR certification of receipt of supplies.

G.6 WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The government shall have unlimited rights, as delineated in the FAR clause Rights in data-special works (52.227-17) which is included in SECTION I by reference, to all documentation and other data developed by the Contractor under these contracts.

The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. Any publications, presentations and other release of information regarding this contract must be pre-approved by the Contracting Officer.

H.3 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, including approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD-816), a "Privacy Act of 1974 Acknowledgment Form" (FD-484) and two Fingerprint Cards (FD-258). Completed forms should be provided to the assigned Contracting Officer's Representative (COR) at least 10 days prior to required access.

H.4 CONTRACTOR SUITABILITY REQUIREMENT

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract.

Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

H.5 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COR at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the COR by telephone, as soon as the situation is known to the Contractor and shall be followed up in writing to both the COR and Contracting Officer within five (5) days.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

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

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

https://www.acquisition.gov/far/

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS JUN 2020

AND REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL JAN 2017

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.212-4 CONTRACT TERMS & CONDITIONS – DEC 2022

COMMERCIAL PRODUCTS and COMMERICAL SERVICES

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL MAR 2023

BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND

COMMERICAL SERVICES (MAR 2023)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115- 91).

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

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

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

(6) 52.233-3,, Protest After Award (AUG 1996) ( 31 U.S.C. 3553 (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (31 U.S.C.

6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2020) (15 U.S.C. 644).

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

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

644).

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2020) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2020) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Sep 2021) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

___ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Oct 2022) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r))

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

___ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

___ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (ii) Alternate 1 (Feb 1999) of 52.222-26

___ (31) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate 1 (Jul 2014) of 52.222-35

___ (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate 1 (Feb 1999) of 52.222-26

___ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O. 13627).

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

___ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.

___ (37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 US.C. 6962©(3)(A)(ii). Not applicable to the acquisition of commercially available off-the-shelf items.

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

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

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

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

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

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

XX (48) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

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

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I [Reserved].

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

___ (iv) Alternate III (Jan 2021) of 52.225-3.

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

___ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C 4505 10 U.S.C 3805)

XX (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C 4505 10 U.S.C 3805)

___ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (59) 52.232-34,, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

____ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

___ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305) and 10 U.S.C. 2631).

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

___ (iii) Alternate I (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

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

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

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

chapter 67).

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

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

13706).

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in…