19RJV38_SOL.pdf

SEE ADDENDUM

(No Collect Calls)

N0016419RJV38 20-May-2019

b. TELEPHONE NUMBER

812-854-1324

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 20 Jun 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001649. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SETH T TAYLOR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL SURFACE WARFARE CENTER CRANE DIV

S. TAYLOR (812-854-1324)

BLDG 121

300 HWY 361

CRANE IN 47522-5001

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A7

CODE15. DELIVER TO CODE N00164 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL SURFACE WARFARE CENTER CRANE DIV

M/F: CHRIS BYNUM (COMSEC ACCT# 253003)

COMSEC EKMS - BLDG 300

300 HYW 361

CRANE IN 47522-5001

TEL: 812-854-6914 FAX:

FAX:

TEL: 812-854-1324 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334220

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF77

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0016419RJV38

Section 1.0 - Schedule/Inspection & Acceptance/Delivery

ITEM NO SUPPLIES/SERVICES QTY U/I UNIT PRICE AMOUNT

0001 Antenna

Each

Magnetic Mount, Xwing, Black

P/N: 12006-9003-01

NSN: 5985-01-606-3939

PSC: 5985

FOB: Destination

FFP

0002 Radio Assembly

Type 1 Multiband Manpack with GPS

P/N: AN/PRC-117-G(V)1(C)

NSN: 5820-01-614-3307

PSC: 5820

0003 Radio

Handheld with GPS

P/N: AN/PRC-152A(V)4(C)

NSN: 5820-01-633-1917

0004 Radio

High Frequency

P/N: AN/PRC-160(v)1

0005 Antenna

Vehicular, High Freqency

P/N: RF-1942-AT001

NSN: 5985-01-505-8942

0006 Coupler, Antenna, 400W

P/N: RF-382A-15

NSN: 5985-01-459-5388

0007 Coupler, Antenna, 150 W

P/N: RF-5382H-CU001

NSN: 5985-01-519-3633

0008 125-Watt Power Amplifier

CARC 383

P/N: RF-5832H-PA101

NSN: 5996-01-660-3269

PSC: 5996

0009 150-Watt Power Amplifier

P/N: RF-5833H-PA003

NSN: 5996-01-542-0903

0010 150-Watt Power Amplifier with Colocation Filter

P/N: RF-5833H-PA004

NSN: 5996-01-542-7912

0011 Central Unit

Green

P/N: RF-7800I-CU100

NSN: 5830-01-608-5936

PSC: 5830

0012 Keypad Display Unit

2 HDST, Green

P/N: RF7800I-KD200

NSN: 5895-01-608-5928

PSC: 5895

0013 Amplifier, Radio Frequency

P/N: RF-7800M-V150

NSN: 5996-01-572-8487

0014 Amplifier, Radio Frequency, Dual

P/N: RF-7800M-V250

NSN: 5996-01-604-7388

0015 Antenna, High Frequency

P/N: SB-V35F

NSN: 5985-01-519-6241

0016 REPAIR of 50W Power

Amplifier to include evaluation fee.

P/N: AM-7588A

NSN: 5895-01-553-3874

PSC: 5895

0017 REPAIR of Radio Assembly

Type 1 Multiband Manpack with GPS to include evaluation fee.

P/N: AN/PRC-117-G(V)1(C)

NSN: 5820-01-614-3307

0018 REPAIR of Radio, High

Frequency

Manpack to include evaluation fee.

P/N: AN/PRC-150

NSN: 5820-01-496-3523

0019 REPAIR of Coupler, Antenna, 400W to include evaluation fee.

P/N: RF-382A-15

NSN: 5985-01-459-5388

0020 REPAIR of Coupler, Antenna, 150 W to include evaluation fee.

P/N: RF-5382H-CU001

NSN: 5985-01-519-3633

0021 REPAIR of 125-Watt Power

CARC 383

to include evaluation fee.

P/N: RF-5832H-PA101

NSN: 5996-01-660-3269

0022 REPAIR of 150-Watt Power to include evaluation fee.

P/N: RF-5833H-PA003

NSN: 5996-01-542-0903

0023 REPAIR of 150-Watt Power with Colocation Filter to include evaluation fee.

P/N: RF-5833H-PA004

NSN: 5996-01-542-7912

0024 REPAIR of Central Unit

Green to include evaluation fee.

P/N: RF-7800I-CU100

NSN: 5830-01-608-5936

PSC: 5830

0025 REPAIR of Amplifier, Radio Frequency to include evaluation fee.

P/N: RF-7800M-V150

NSN: 5996-01-572-8487

0026 REPAIR of Amplifier, Radio Frequency, Dual to include evaluation fee.

P/N: RF-7800M-V250

NSN: 5996-01-604-7388

0027 Evaluation for Repair Lot for items that are Beyond Economical Repair (BER) or Can Not DupIicate (CND) IAW with the Statement of

Work.

PSC: J059

PRICING MATRIX

CLIN Part Number Description Quantity Year 1 Year 2 Year 3 Year 4 Year 5

0001 12006-9003-01 PROCUREMENT 1-10

11-25

26-50

51-75

76-100

100+

0002 AN/PRC-

117G(V)1(C)

PROCUREMENT 1-10

11-25

26-50

51-75

0003 AN/PRC-

152A(V)4(C)

PROCUREMENT 1-10

11-25

26-50

51-75

0004 AN/PRC-160(v)1 PROCUREMENT 1-10

11-25

26-50

51-75

0005 RF-1942-AT001 PROCUREMENT 1-10

26-50

51-75

0006 RF-382A-15 PROCUREMENT 1-10

26-50

51-75

0007 RF-5382H-

CU001

PROCUREMENT 1-10

0008 RF-5832H-

PA101

PROCUREMENT 1-10

11-25

26-50

51-75

0009 RF-5833H-

PA003

PROCUREMENT 1-10

11-25

26-50

51-75

0010 RF-5833H-

PA004

PROCUREMENT 1-10

11-25

26-50

51-75

0011 RF-7800I-CU100 PROCUREMENT 1-10

26-50

51-75

0012 RF-7800I-KD200 PROCUREMENT 1-10

26-50

51-75

0013 RF-7800M-V150 PROCUREMENT 1-10

26-50

51-75

0014 RF-7800M-V250 PROCUREMENT 1-10

26-50

0015 SB-V35F PROCUREMENT 1-10

26-50

51-75

0016 AM-7588A REPAIR to Include Evaluation

1-10

11-25

26-50

51-75

0017 AN/PRC-

117G(V)1(C)

REPAIR to Include Evaluation

1-10

11-25

26-50

51-75

0018 AN/PRC-150 REPAIR to Include

1-10

0019 RF-382A-15 REPAIR to Include

1-10

11-25

26-50

51-75

0020 RF-5382H-

CU001

REPAIR to Include Evaluation

1-10

11-25

26-50

51-75

0021 RF-5832H-

PA101

REPAIR to Include Evaluation

1-10

11-25

26-50

51-75

0022 RF-5833H-

PA003

REPAIR to Include

1-10

51-75

0023 RF-5833H-

PA004

REPAIR to Include Evaluation

1-10

11-25

26-50

51-75

0024 RF-7800I-CU100 REPAIR to Include

1-10

11-25

26-50

51-75

0025 RF-7800M-V150 REPAIR to Include

1-10

11-25

26-50

51-75

0026 RF-7800M-V250 REPAIR to Include

1-10

11-25

26-50

51-75

0027 EVALUATION for

BER and CND 1-10

11-25

26-50

51-75

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government

0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government

DELIVERY INFORMATION

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 60 dys. ADC NAVAL SURFACE WARFARE CENTER

CRANE DIV

M/F: CHRIS BYNUM (COMSEC ACCT#

253003)

COMSEC EKMS - BLDG 300

300 HYW 361

CRANE IN 47522-5001

812-854-6914

N00164

0002 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0003 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0004 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0005 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0006 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0007 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0008 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0009 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0010 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0011 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0012 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0013 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0014 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0015 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0016 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0017 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0018 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0019 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0020 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0021 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0022 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0023 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0024 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0025 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0026 60 dys. ADC (SAME AS PREVIOUS LOCATION)

0027 30 dys. ADC (SAME AS PREVIOUS LOCATION)

STATEMENT OF WORK

Statement of Work for

HARRIS IDIQ RADIO REPAIR, PROCUREMENT AND SERVICE

Prepared by

Naval Surface Warfare Center, Crane Division Command, Control, Communications, Computer, Cybersecurity, Intelligence, Surveillance, and

Reconnaissance) C5ISR Integration Division 300 Hwy 361, BLDG 41NW

Crane, IN 47522-5001

DISTRIBUTION STATEMENT A: Approved for public release; distribution is unlimited

1.0 Scope

This Statement of Work (SOW) sets forth the requirements for procurement of and repair services for radios and associated communication equipment (ie. amplifiers and accessories) purchased from Harris Corporation for the Tactical Air Control Party – Modernization (TACP – M) program of the United States Air Force (USAF) Air Support Operations Center (ASOC) Gateway Systems, Gateway Lite Systems, Stryker Systems, Mobile Communication System (MCS) Systems and Dismounted Systems. System Equipment designation is identified in paragraph 1.1.

1.1 Background

Harris radios are hardware that provides tactical communications in a manpack portable kit designed to be packed into a bag or case that can be easily carried or worn by the user. Each of the radios has unique properties. RT-1694 (AN/PRC-150) is an advanced HF/VHF radio that provides tactical communications through US Government Type 1 encryption for enhanced secure voice and data performance, reduced size/weight, and extended battery life. This radio is single channel and provides secure Internet Protocol (IP) data to the tactical Internet at on-air rates of up to 10 Megabits per second (Mbps) and is powered by a single standard battery. RT- 1796 (AN/PRC-117F) is an advanced multiband, multimission, radio which provides tactical communications. It combines U.S. Government Type-I encryption, for secure voice, high-speed data, dedicated and Demand Assigned Multiple Access Satellite Communications (DAMA SATCOM), Single Channel Ground and Airborne Radio System (SINCGARS), and HAVEQUICK Electronic Counter - Countermeasures (ECCM) operations. The AN/PRC-152A Wideband Networking Handheld radio provides simultaneous voice, video and high-speed data with Type 1 encryption over the VHF/UHF ranges. The AN/PRC-160(V) is a wideband HF/VHF manpack that meets the current NSA Type 1 crypto-modernization standards.

2.0 Applicable Documents

None applicable.

3.0 Task Requirements

3.1 Repairs

3.1.1 The Government will provide failed Harris equipment for repair. Upon receipt of the failed equipment, Harris shall perform incoming test, evaluation, and troubleshooting to determine cause of failure and the appropriate repair. After repair, units will be shipped out only with the exact accessories that were included with the unit when originally shipped from the Government to the Contractor.

3.1.2 Harris shall repair the equipment on a Firm Fixed Price (FFP) basis per the contract.

Harris shall provide all labor and materials to complete repairs. The equipment shall be repaired to/with the Original Equipment Manufacturers’ (OEM’s) published standards and/or Service equipment data as applicable. All equipment returned to service after repair shall have a 60-day standard product warranty.

3.1.3 When the total cost estimate to repair the Harris equipment is equal to or exceeds 65% of the replacement cost, the equipment is determined to be Beyond Economical Repair (BER).

Harris shall notify the NSWC Crane Contracting Office in writing if recommending the unit be determined as BER and (if applicable) to request disposition instructions. The request shall include an explanation and justification for processing the unit as being BER. If NSWC Crane Contracting Office determines the equipment to be BER, direction will be provided to Harris on how to dispose of the unit and the repair will be submitted for acceptance/process. The change to BER shall be by mutual agreement and implemented by a bi-lateral delivery order modification.

3.1.4 Harris will notify the Government immediately upon determining that a unit is a “Can Not Duplicate” (CND) failure. The Government will provide disposition instructions and the asset will be classified as a CND.

3.1.5 The equipment will be repaired and returned back to the Government in a Turn Around Time (TAT) of 60 days from the date of receipt. TAT shall be measured in calendar days.

Harris may ramp up to receive greater quantities per month to support greater Government repair requirements based upon factory availability.

3.1.6 Upon completion of repair, a failure analysis report (CDRL A001) will be provided to the Government summarizing the reason for the return, repairs performed, and parts replaced. Harris will notify the Government of delivery date for the return of the repaired item and documentation evidencing completion of the evaluation and associated findings of failures/issues.

3.1.7 All repaired equipment shall be shipped from Harris to NSWC Crane for Inspection and Acceptance Testing. NSWC Crane will perform 100 percent Inspection and Acceptance Testing on all units when received at NSWC Crane. Any units that do not pass initial acceptance verification testing at NSWC Crane will be returned to Harris for evaluation and, as applicable, warranty repair. The warranty start date shall be amended on any units that do not pass initial Inspection and Acceptance Verification Testing at NSWC Crane to include the shipment date on the commercial bill of lading prepared for the return of the warranty repair unit(s).

3.2 Procurement

Harris shall provide equipment according to the latest configuration.

4.0 Government Furnished Information (GFI).

None applicable.

5.0 Data Deliverables.

CDRL # Name DIDD A001 Failure Summary and

Analysis Report

DI-MGMT-80255A

6.0 Special Considerations.

6.1 Security

Performance on this TO will require contractor employees to have access to classified information up to and including the SECRET level. The contractor is required to maintain a SECRET facility security clearance. The contractor is required to maintain a level of safeguarding for classified information/material at the SECRET level. The contractor requires access to COMSEC and a COMSEC account for the services to be provided based upon the contract requirements. The contractor will require access to Controlled Unclassified Information (CUI) for the performance of this contract. The contractor will assist in receiving and repairing systems that are classified. Techniques to repair this equipment, testing of this equipment and overall system performance could be classified.

7.0 Place and Period of Performance

7.1 Place of Performance

The place of performance of this contract will be at the contractor facility, Harris 1680 University Avenue, Rochester, New York, 14610.

7.2 Period of Performance

The period of performance for this contract will be five (5) years.

Section 2.0 - Accounting Information

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

Invoice and Receiving (Combo) Inspection/Acceptance Location – Destination/Destination

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

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC TBD

Admin DoDAAC** TBD

Inspect By DoDAAC TBD

Ship To Code TBD

Ship From Code TBD

Mark For Code TBD

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

Accept at Other DoDAAC TBD

LPO DoDAAC TBD

DCAA Auditor DoDAAC TBD

Other DoDAAC(s) TBD

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

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

(g) WAWF point of contact. – cran_acquisitn_wawf@navy.mil

Send Additional WAWF Email Notifications to: savannah.aiman@navy.mil (812) 854-8200

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

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

(End of clause)

G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT

OFFICE (NAVSEA) (JUN 2018)

(a) The following table of payment office allocation methods applies to the extent indicated.

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request

Su pp ly

Se rv ic e

C on st ru ct io n

Payment Office Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)

X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

Contract/Order Payment Clause

Type of Payment Request

Su ic e

C on st ru ct io n

Payment Office Allocation Method

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments

Progress Payment*

X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

Commercial Item Financing*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance- Based Payments

Performance- Based Payments*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

Contract/Order Payment Clause

Type of Payment Request

Su ic e

C on st ru ct io n

Payment Office Allocation Method

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

(b) This procurement contains the following contract type(s):

Item Type*

CLIN 0001-

(End of text)

Section 3.0 - Clauses By Reference

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.204-2 Security Requirements AUG 1996 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

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

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-21 Alt II Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications (Oct 2010) - Alternate II

OCT 1997

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt II (Dev)

Small Business Subcontracting Plan (Deviation 2018-O0018)

- Alternate II

AUG 2018

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-26 Alt I Equal Opportunity (SEPT 2016) - Alternate I FEB 1999 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-48 Exemption from Application of Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification

MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019 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

52.222-54 Employment Eligibility Verification OCT 2015 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.223-20 Aerosols JUN 2016 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2018 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

Section 4.0 - Clauses & Other Full Text Information

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

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

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2019)

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

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. 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 (Oct 2015) (41 U.S.C. 3509).

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

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered…