Instant Connect Enterprise Combined Synopsis and Solicitation.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND - ABERDEEN PROVING GROUND

6867 COLLERAN ROAD, BLDG. 324

ABERDEEN PROVING GROUND, MD 21005-3013

CUI

CCAP-MDT 23 July2025

SUBJECT: Request for Quote (RFQ) – Instant Connect Enterprise Software Subscription

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is PANAPG-25-P-0000-005337 and is issued as a request for quotation (RFQ).

The U.S. Army Contracting Command – Aberdeen Proving Ground (ACC-APG) intends to issue a Firm-Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract for Commercial-Off-the-Shelf Instant Connect Enterprise Software Subscription. This is for a five-year Indefinite Delivery, Indefinite Quantity (IDIQ) contract for the procurement of all ICE requirements. This solicitation is supported by Class Justification and Approval (J&A) in accordance with FAR 6.302-1, citing "Only One Responsible Source" as the basis for other than full and open competition.

The ordering period will span five years from the date of award. Orders will be placed via delivery orders under the terms of the IDIQ contract. The minimum guaranteed quantity and maximum ceiling will be indicated in the contract.

Offerors are advised that this solicitation is limited to Instant Connect Software LLC. and C2 Defense Inc. and no additional sources will be considered unless determined otherwise by the Contracting Officer.

It is in the Governments intent to make a sole source award utilizing the authority set forth in United States Code 10 United States Code 3204(a)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The North American Classification System (NAICS) code applicable to this acquisition is 541519 – Other Computer Related Services. The Small Business size standard is 150 employees. The Product Service Code (PSC) is 7G22. This acquisition will be funded with Operations and Maintenance Funds Army (OMA), Other Procurement Army (OPA), Army Working Capital Funds (AWCF), and Research, Development, Test, and Evaluation (RDT&E) based on availability of funds.

The Government requires a unified communications software platform that provides streamlined communication across multiple channels, including voice, video, chat, and collaboration tools. The software must provide team messaging, file sharing, video conferencing, and virtual meeting rooms, ensuring that teams can collaborate in real time. The software must provide advanced analytics and reporting, allowing users to track communication patterns, improve engagement, and optimize workflows; and must include end-to-end encryption.

The Government’s requirements are for software that can provide the following capabilities:

• Ability to ingest multicast streams from radio integration network devices.

• Software must be system agnostic and can be loaded on any system within the Tactical Network portfolio.

• Must be able to operate in our current infrastructure that is reliant on multicast capabilities.

• Ability to interoperate with current Voice Over IP (VoIP) controllers and are agnostic to those controllers.

• Ability to support talk groups and conference groups between VoIP clients and individual radio.

• Ability to facilitate bidirectional, real-time voice communication between radio systems and the VoIP infrastructure.

• Provide scalability between small tactical teams to large-scale deployments.

• Ability to have multiple channels that can be used to join or separate talk groups based on mission requirements.

• A management client that allows for the patching of different talk groups to each other, including VoIP clients.

• General Purpose clients that can be used by a standard user on general purpose user laptops.

• Ability to integrate with mobile devices in order to leverage talk groups and radio nets through a wireless and cellular infrastructure.

• Licenses that is not required to call to centralized service in order to function and must have the ability to be loaded in a closed environment.

• Standard server with the ability to conduct recording service and the capability to conduct language translation and operation logs.

• Lite server: A serverless client capable of performing voice multicast or unicast voice communication without connectivity to a server.

ACC-APG hereby submits this Request for Quote (RFQ) for a Firm-Fixed-Price (FFP) Quotation of delivery order of Instant Connect Enterprise-Lite Software Subscription under the ICE IDIQ contract. Instant Connect Enterprise-Lite Software Subscription quotations are due within two (2) business days of this notification.

Product Description

Instant Connect Enterprise Delivery Order

License

ID

System Part Number

Product Subscription Period

QTY Unit Price

Estimated Total Price

CLIN

C2-ICE-

LITE-

1YR-

SUB

Instant Connect Enterprise (ICE) 1 Year Lite Radio Over IP Software

22840 Enroute Mission Command Capability

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2025 - 7/30/2026

23470 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2025 - 7/30/2026

23471 Scalable Network Node

(SNN)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2025 - 7/30/2026

23472 Tactical Network Transport At the Halt

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients

7/31/2025 - 7/30/2026

3 ICE Desktop Clients 25 ICE Voice Ports

23473 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2025 - 7/30/2026

23474 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2025 - 7/30/2026

23475 Tactical Cyber and Network Operations Lab

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2025 - 7/30/2026

23476 Tactical Radio Integration Kit

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Mobile Clients

7/31/2025 - 7/30/2026

Base Period

TOTAL

OY1 CLIN

C2-ICE-

LITE-

1YR-

SUB

Instant Connect Enterprise (ICE) 1 Year Lite Radio Over IP Software

23656 Enroute Mission Command Capability

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2026 - 7/30/2027

23477 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2026 - 7/30/2027

23478 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2026 - 7/30/2027

23479 Scalable Network Node

(SNN)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2026 - 7/30/2027

23480 Tactical Network Transport At the Halt

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2026 - 7/30/2027

23481 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2026 - 7/30/2027

23482 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2026 - 7/30/2027

23483 Tactical Cyber and Network Operations Lab

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2026 - 7/30/2027

23484 Tactical Radio Integration Kit

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Mobile Clients

7/31/2026 - 7/30/2027

23485 Tactical Radio Integration Kit

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Mobile Clients

7/31/2026 - 7/30/2027

Option Period 1 Total

OY2 CLIN

C2-ICE-

LITE-

1YR-

SUB

Instant Connect Enterprise (ICE) 1 Year Lite Radio Over IP Software

23486 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2027 - 7/30/2028

23487 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2027 - 7/30/2028

23488 Scalable Network Node

(SNN)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2027 - 7/30/2028

23489 Tactical Network Transport At the Halt

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2027 - 7/30/2028

23490 Commercial

Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2027 - 7/30/2028

23491 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2027 - 7/30/2028

23492 Tactical Cyber and Network Operations Lab

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2027 - 7/30/2028

23493 Tactical Radio Integration Kit

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Mobile Clients

7/31/2027 - 7/30/2028

Option Period 2

OY3 CLIN

C2-ICE-

LITE-

1YR-

SUB

Instant Connect Enterprise (ICE) 1 Year Lite Radio Over IP Software

23494 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2028 - 7/30/2029

23495 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2028 - 7/30/2029

23496 Scalable Network Node

(SNN)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2028 - 7/30/2029

23497 Tactical Network Transport At the Halt

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2028 - 7/30/2029

23498 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2028 - 7/30/2029

23499 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2028 - 7/30/2029

23501 Commercial Coalition Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2028 - 7/30/2029

23500 Tactical Radio Integration Kit

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Mobile Clients

7/31/2028 - 7/30/2029

Option Period 3

OY4 CLIN

C2-ICE-

LITE-

1YR-

SUB

Instant Connect Enterprise (ICE) 1 Year Lite Radio Over IP Software

23502 Commercial

Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

7/31/2029 - 7/30/2030

23503 Commercial

Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

23504 Scalable

Node

(SNN)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

23505 Tactical

Transport At the Halt

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

23506 Commercial

Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

23507 Commercial

Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

23509 Commercial

Enclave

(CCE)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Voice Ports

23508 Tactical Radio Integration Kit (TRIK)

1 ICE Lite Server (which includes 20 ICE Desktop Clients) 2 ICE Advanced Desktop Clients 3 ICE Desktop Clients 25 ICE Mobile Clients

Option Period 4

AMOUNT

Respondent Instructions – Reponses shall clearly indicate the following:

The requested software shall meet or exceed the criteria outlined in the Salient Characteristics and Specifications listed in this RFQ to be found Technically Acceptable.

Quotes shall contain the Total Price for the exact quantities in the Product Description table provided above.

• All quotes should indicate the part numbers and product description specified under the above Product Description, with itemized pricing for each part number/product description specified and all associated costs, such as taxes and shipping. Any deviations from the Part Numbers/Product Descriptions specified shall be explained in the Offeror’s response.

• A Commercial and Government Entity (CAGE) Code, Unique Entity Identifier (UEI), and System for Award Management (SAM) Record.

• Any and all applicable discounts applied to the pricing.

• Quotes shall separately identify any applicable costs associated with meeting the delivery instructions.

• Published Commercial Price, if applicable.

• PROVIDE A COPY OF END USER LICENSE AGREEMENT(s) (EULA)

AND/OR SOFTWARE MAINTENANCE AGREEMENTS FOR FEDERAL

USERS ASSOCIATED

WITH THE ITEMS LISTED ABOVE. If no agreement exists clearly state that in the provided quote.

• Hyperlinks to additional terms are not acceptable and should be removed from quote, EULA, and any other supporting documentation provided in response to this RFQ. Terms and conditions applicable to the items listed in the Product Description section must be provided as separate attachments.

• Complete, sign, and date Addendum to License Agreement.

• Provide confirmation and understanding of required clauses (listed below) the

Government will incorporate within the award documentation.

• The Offeror shall be certified / authorized to sell Instant Connect Enterprise

Products.

• The Offeror shall be authorized to sell this product to the U.S. Government, specifically the U.S. Army.

• This document is not an order, a contract, or a promise to issue an award.

• The Government will not pay for any submitted information or the cost to submit the items/responses to this RFQ.

• The Government reserves the right to issue an award in part or in whole for the items described above. The Government is not obligated to make an award for all or any portion of the items described.

Basis for Award

• The order will be awarded to the lowest price / technically acceptable (LPTA) offeror.

• The offeror shall be responsive and responsible.

• The order shall be issued as a Firm-Fixed-Price (FFP) contract type. The offeror shall submit FFP prices for all Contract Line-Item Numbers (CLINs) associated with the products within the Product Description table of this RFQ in accordance with the stipulated quantities, subscription period, and unit of measure.

• Software License Agreement (SLA) / End User License Agreement (EULA) o The Government shall not award any order under this contract unless the corresponding commercial software license agreements are reviewed and approved by the Contracting Officer. The Government shall not accept any commercial software license terms that conflict with federal procurement law or do not satisfy user needs. Commercial Software License terms that are unacceptable to the Government include (but are not limited to) indemnification provisions (and other types of provisions that include unauthorized or unbudgeted funding obligations), attorney's fees provision, state or foreign choice of law/jurisdiction provisions, binding arbitration provisions, and injunctive relief provisions.

o The agreed to SLAs / EULAs will be attached to the contract/purchase order as attachments in the "List of Attachments" section of the award.

Evaluation of Technical Factors:

• Upon receipt of the quote, a technical evaluation will be conducted to ensure the proposed software products are acceptable to support the acquisition.

Technical acceptability shall be defined as an offeror that meets the Government's product requirements, delivery requirements, and any other requirement identified in the RFQ.

o Acceptable - The quote clearly meets the minimum requirements of this

RFQ.

o Unacceptable - The quote does not clearly meet the minimum requirements of this RFQ.

Evaluation of Price:

• The evaluation will also consider the fairness and reasonableness of the proposed price in order to successfully meet all CLINs in in the Product Description table of the RFQ requirements.

• The proposed price will be evaluated in accordance with FAR 15.404-1(b). The analytical techniques and procedures described in FAR 15.404-1 may be used singly or in combination with others, as determined by the Contracting Officer, to ensure that the proposed costs are fair and reasonable.

Delivery Details:

All items are to be delivered with inspection and acceptance at destination within 10 days of award to:

Ship To:

DODAAC: W90W2B

6590 Reconnaissance Street, Aberdeen Proving Ground, MD 21005

POC: TBD

Inspection/Acceptance:

DODAAC: W81B81

Software Engineering Center 6585 Surveillance Loop, Bldg. 6002 Aberdeen Proving Ground, MD 21005

POC: TBD

Respondent Due Date: Price quotes are due no later than 1600 (EST) on 25 July 2025. If you are unable to furnish a quote, please respond with “no quote” and provide a detailed explanation for the reason.

Submit all responses and questions via email to Ngoc-Minh Shinohara at ngoc-minh.t.shinohara.civ@army.mil and Chere Benson at chere.v.benson.civ@army.mil.

The following provisions and clauses shall be incorporated by full text or reference include applicable commercial clauses.

All provisions and clauses can be viewed in their entirety at https://www.acquisition.gov/.

Contract Clauses:

FAR/DFARS DESCRIPTION:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (JAN 2017) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code Reporting Maintenance

(AUG 2020)

52.204-19 Incorporation by Reference of Representations and Certifications

(DEC 2014)

52.204-20 Predecessor of Offeror (AUG 2020) 52.204-25 Prohibition of Contracting for Certain Telecomunications and

Video Surveillance Services or Equipment (NOV 2021) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(JAN 2025)

52.209-7 Information Regarding Responsibility Matters (OCT 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(NOV 2015)

52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services (NOV 2021) 52.216-18 Ordering (AUG 2020) 52.216-22 Indefinite Quantity (OCT 1995) 52.217-6 Option for Increased Quantity (MAR 1989) 52.217-7 Option for Increased Quantity – Separately Priced Line Item

(MAR 1989)

52.232-1 Payments (Apr 1984) 52.232-8 Discount for Prompt Payment (FEB 2002) 52.232-23 Assignment of Claims (JAN 1986) – Alternate I (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2024) 52.242-15 Stop-Work Order (AUG 1989) 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996)

52.246-16 Responsibility for Supplies (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) 52.252-2 Clauses Incorporated by Reference (FEB 1998) 52.252-6 Authorized Deviations in Clauses (NOV 2020) 252.203-7000 Requirements Relating Compensation to Former DOD Officials

(SEP 2011)

252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support (MAY 2016) 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services (JAN 2023) 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies (DEC 2018) 252.227-7015 Technical Data–Commercial Items (MAR 2023) 252.227-7037 Validation of Restrictive Markings on Technical Data (JAN 2023) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

252.232-7006 Wide Area Workflow Payment Instructions (MAY 2013) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Requests for Equitable Adjustment (DEC 2022)

252.244-7000 Subcontracts for Commercial Products or Commercial Services (NOV 2023)

252.246-7008 Sources of Electronic Parts (JAN 2023)

Contract Provisions:

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation

(OCT 2020)

Clauses Incorporated by Full Text

Contract Terms and Conditions Required To implement Statutes or Execute Order-

Commercial products and Commercial Services (JAN 2025)

(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 Covered Entities (Dec 2023) (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).

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

[Contracting Officer check as appropriate.]

__ (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).

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.

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

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community see FAR 3.900(a).

__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders Prohibition. (Dec 2023) (Pub. L. 115390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

__ (12) 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

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

__ (16) 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).

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

__ (19) (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.

__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C.

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

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C.

644(r)).

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

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service- Disabled Veteran-Owned Small Business (SDVOSB) Concerns

Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Re-representation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

__ (27) 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)).

_X_ (28) 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)).

_X_ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_X_ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

__ (33) [Reserved] __ (34) [Reserved] __ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.

4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (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).

__ (40) 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.

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C.

7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

_X_ (48) (i) 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 (NOV 2023) (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), Public Law 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 (Feb 2024) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (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).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

_X_ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 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).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (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 II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.

chapter67).

__ (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) (29U.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 Workers 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 provision 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 Contractors 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 or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

4712).

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(vii) (A) 52.20430, Federal Acquisition Supply Chain Security Act Orders Prohibition. (Dec 2023) (Pub. L. 115390, title II).

(B) Alternate I (Dec 2023) of 52.20430.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C.

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

(ix) [Reserved]

(x) [Reserved]

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

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

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

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

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O 13627).

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

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

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

13706).

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

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

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

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

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

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

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

(End of clause)