Amendment 0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

This amendment to the solicitation is issued to address questions and discrepancies that came up during solicitation. The solicitation and attachments have been revised accordingly.

The solicitation is extended to allow the contractor to review the changes and revise their quote if necessary.

The new solicitation due date is 10:00 AM ET Thursday 8 August 2024

1. CONTRACT ID CODE PAGE OF PAGES

J 1 18

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 05-Aug-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N0016724Q0140

X 9B. DATED (SEE ITEM 11)

15-Jul-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 0 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

05-Aug-2024

CODE

NAVAL SURFACE WARFARE CENTER CARDEROCK

TRACY MCDONOUGH

TRACY.L.MCDONOUGH2.CIV@US.NAVY.MIL

904 CORPORATE LANE

CHESAPEAKE VA

N00167 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N0016724Q0140

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 30-Jul-2024 10:00 AM to 08-Aug-

2024 10:00 AM.

SUPPLIES OR SERVICES AND PRICES

CLIN 1003 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 1 OPTION Data Package GEM-5/5N

FFP

Required services for Cronos-11 (Tool Contamination Monitor), GEM-5N, and GEM-5 (Portal Monitor) systems in accordance with Performance Work Statement FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PSC CD: J066

NET AMT

DELIVERIES AND PERFORMANCE

The following Delivery Schedule for CLIN 1003 has been added:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

POP 01-OCT-2025 TO

30-SEP-2026

N/A N/A

FOB: Destination

INSPECTION AND ACCEPTANCE

The following Acceptance/Inspection Schedule was added for CLIN 1003:

INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

Destination Government Destination Government

The following have been added by full text:

**LIABILITY**

Each party’s liability to the other, for direct damages, shall be limited to the dollar value of the goods and services provided. Neither party shall be liable to the other for indirect or consequential damages.

The following have been modified:

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Cronos-11, GEM-5, and GEM-5N Maintenance, Hardware and Training

1.0 DESCRIPTION OF SERVICES/INTRODUCTION

The Naval Surface Warfare Center Carderock Division (NSWCCD), Radiation Detection Technology Branch (RDTB), Code 631, requires a Firm Fixed Price (FFP) Option contract for one (1) base year and four (4) one year option periods to perform services, including preventative maintenance (PM) and repair, and, provide materials to support the operational requirements of Cronos-11 (Tool Contamination Monitor), GEM-5N, and GEM-5 (Portal Monitor) systems. The services and materials support shall be provided to fifteen sites within the Naval Nuclear Propulsion Program (NNPP).

2.0 BACKGROUND

A collection of Cronos-11, GEM-5 and GEM-5N monitor systems at various NNPP sites require continual services and materials support in order to function to detect radioactive contamination on personnel upon exiting radiologically controlled areas. Currently, support for the NNPP’s systems is provided by Mirion Technologies (Canberra), Inc. under the scope of contract N00167-19-P-0354. This proposed acquisition is required to allow for a continuation of support for the NNPP’s monitor systems beyond the current contract’s expiration date of 29 September 2024.

3 .0 OBJECTIVE

The Contractor shall perform services and provide materials for the NNPP’s Cronos-11, GEM-5, and GEM-5N monitor systems identified in Appendices A, B, and C, respectively.

Maintenance services shall include:

Telephone and email technical support;

Conduct preventive and emergency maintenance and repair site visits;

Configuration and software management;

Spare parts kits maintenance;

Technical manual and software user manual changes and revisions;

Providing of replacement spares for parts kits, other hardware as needed, and firmware and software upgrades.

Training shall include in-person training during site visits or virtually if necessary .

Materials required include systems’:

Monitor keyboards;

Ground straps;

Embedded computers.

3.1 Services:

3.1.1 Technical Support:

The Contractor shall perform technical assistance for operation, user-level maintenance, and troubleshooting of the systems identified in the PWS via:

Toll-free telephone/hotline number. Telephone support shall be available Monday through Friday, excluding Federal holidays, from 8:00 A.M. to 5:00 P.M. Eastern Time.

Email address. The Contractor shall respond to technical support requests, correspondence and information exchange via email. However, email service does not relieve the telephone support availability requirement.

3.1.2 Maintenance Services:

3.1.2.1 The Contractor shall travel to each site listed in Appendices A, B, and C to perform one (1) regularly scheduled on-site maintenance visit per year. The regularly scheduled visit shall be scheduled at a mutually convenient time. The Contractor shall provide a report for each system which provides a summary of the maintenance visit per CDRL A001.

3.1.2.2 The Contractor shall perform preventive maintenance, including those services listed below, to maintain the system in optimum performance and working condition, in accordance with manufacturer’s specifications and user-selected operating parameters. Maintenance shall be performed in accordance with the OEM’s recommended engineering and maintenance practices. The contractor shall furnish all supplies, test equipment, tools, etc., required to conduct PM services.

3.1.2.2.1 Preventive Maintenance services required are the following:

OEM-recommended, routine and preventive maintenance as described in the Cronos-11 and GEM-5N Technical Service manuals MAN-Cronos Rev. 00b and MAN-GEM5N Rev. 00 GEM-5N Operator’s Manual, respectively.

Cleaning, inspection, and testing of mechanical, electrical/electronics, optical and photronics subsystems and components.

Adjustment, as necessary, of system parameters (mechanical, electrical/electronic, optical and photronics) to within factory specifications.

Replacement of worn or broken parts and components from site spare parts kits, contents per Appendices F, G and H.

Replacement of broken parts and components other than parts kits’ spares, as required.

Replacement of embedded computers, as required.

Repair of any broken or malfunctioning components and equipment.

Installation of available firmware and software upgrades (under the terms applicable to the installation).

Provide technical manual changes and revisions as they become available, CDRL A004.

Replacement of hardware and installation of firmware and software changes resulting from approved Engineering Change Proposal (ECP) process, para. 3.1.4, below.

3.1.2.4 If the system has a new replacement (of kits’ parts or other part and component hardware), and/or repair, and/or upgrade of firmware and software, the contractor shall obtain a signature on Appendix D, “System Updates & Repairs”. The signature shall be obtained from the cognizant code, where Points of Contact (POCs) are listed in Appendix E of this contract.

3.1.2.5 Maintenance Completion: Upon completion of maintenance services specified in Appendix D, the Contractor shall demonstrate for the on-site technicians and/or Cognizant Health Physicist/Engineer satisfactory operation of the Cronos-11, GEM-5, and GEM-5N monitor. Operation and maintenance training shall be provided and documented as part of this demonstration when warranted due to installation/implementation of approved hardware, firmware, or software changes and when indicated by conditions discovered during maintenance.

3.1.3 Emergency Maintenance Services

3.1.3.1 In the event of a system malfunction, the site possessing the Cronos-11, GEM-5, and/or GEM-5N shall attempt to repair the system. In the case that the site cannot repair the system, the Contractor shall be available to travel to any site per Appendices A, B, and C to perform two unscheduled on-site emergency visits per site per year to repair the system. Initial service response shall be within 72 hours, and the disabled system shall be returned to service as soon as possible for Continental United States (CONUS) NNPP locations. For Outside Continental United States (OCONUS) NNPP locations, the disabled system shall be returned to service as soon as possible. The Contractor shall provide a report for each system which provides a summary of the maintenance visit per CDRL A001. In the event that disabled systems are not repaired and returned to service within 2 weeks of failure notification, the contractor shall provide weekly status updates to the technical point of contact via phone or email communication.

3.1.3.2 The contractor shall restore the system to working condition in accordance with manufacturer’s specifications and user-selected operating parameters. The contractor shall furnish all supplies, test equipment, tools, etc., required to conduct repair services. As needed services can include:

Inspection, troubleshooting, adjustment and testing.

Replacement of worn or broken parts and components from site spare parts kits, contents per

Appendices F, G and H.

Replacement of broken parts and components hardware other than parts kits’ spares, as required.

Replacement of embedded computers, as required.

Repair of any broken or malfunctioning components and equipment.

Installation of available firmware and software upgrades (under the terms applicable to the installation).

Replacement of hardware and installation of firmware and software changes resulting from approved Engineering Change Proposal (ECP) process, para. 3.1.4, below.

3.1.3.3 If the system has a new replacement (of kits’ parts or other part and component hardware), and/or repair, and/or upgrade of firmware and software, the contractor shall obtain a signature on Appendix D, “System Updates & Repairs”. The signature shall be obtained from the cognizant code, where POCs are listed in Appendix E of this contract.

3.1.4 Configuration Management

3.1.4.1 The Contractor shall submit Engineering Change Proposal (ECP)s in accordance with CDRL A002 for Cronos-11, GEM-5, and GEM-5N hardware, firmware, or software changes. The changes shall be addressed to Corporate Radiation Health (CRH) and the cognizant code at each local shipyard.

3.1.4.2 The ECP shall detail changes to the hardware, firmware, and/or software, including how the changes affect the output analysis and overall performance of the Cronos-11, GEM-5, and GEM-5N systems. If the ECP warrants no impact to the output analysis and overall performance of the system, then the Contractor shall include the evidence by providing a written description and associated technical data with the ECP submittal.

3.1.4.3 Hardware, firmware, or software changes shall be approved by the cognizant code at each local shipyard (See Appendix D, “System Updates & Repairs”).

3.1.4.4 If the Government deems testing is required to verify that modifications or upgrades are acceptable, then the Contractor shall provide samples of the modified or upgraded components (in the configuration planned to be installed/implemented) for Government testing and approval prior to installation/implementation. In addition, the Contractor shall provide the Government with testing and test results performed by the Contractor.

3.1.5 Software Management

3.1.5.1 The Contractor shall perform technical support for the Cronos-11, GEM-5, and GEM-5N software.

The services include the following:

Provision of software user manual changes and revisions as they become available, CDRL A004.

Technical support for the aforementioned software.

Technical support relating to solutions of technical questions and/or problems may be conducted by telephone or email.

If the Contractor identifies a software issue that warrants a fix, the Contractor shall notify the customer, and following Appendix D signature approval process, generate a new version of the software.

3.1.5.2 Software Licenses: The Contractor shall provide the shipyard POCs and the CRH POC with Cronos-11, GEM-5, and GEM-5N system software (equipment control, programming, etc.) license(s) to allow distribution and use of software. These licenses shall apply to original software, as well as any version changes or upgrades approved by the cognizant code for each local site. See Appendix D, “System Updates & Repairs” for signature approval to perform changes or upgrades from the cognizant code at each local shipyard.

3.1.6 Spare Parts Kits Maintenance

3.1.6.1 The Contractor shall perform services needed to obtain, ship and deliver replacement parts as used from the spare parts kits staged at each Cronos-11, GEM-5, and GEM-5N site. Kits were previously purchased under contract N00167-19-P-0354. Appendix I details the quantity and location of spare part kits. Each kit is considered part of the equipment configuration. As such, each spare parts kit is required to have a full complement of operational parts. The Contractor shall ensure that any part removed from a spares kit for installation into a monitor and any defective part is replaced within twenty (20) business days.

An inventory list of each spare part kit is included in Appendices F, G, and H.

3.1.6.2 The Contractor shall ensure that replacement parts include appropriate markings, labels or other documentation to indicate all required performance inspections and/or acceptance tests have been passed for all design functions of each part.

3.1.8 Document Changes

The Contractor shall provide technical manual and software user manual changes and revisions to each site in accordance with CDRL A004.

3.2 Training:

The Contractor shall perform in-person or virtual training on the Cronos-11, GEM-5N, and GEM-5 system at the sites listed in Appendix A, B, and C. The training shall occur once per year over the course of three days and be a minimum of eight hours each day. At a maximum, 20 trainees will attend a Cronos-11, GEM-5, and GEM-5N training session. The location and dates of the training will be coordinated by the Government following contract award. The Contractor shall provide training materials in accordance with

CDRL A003.

3.3 Materials:

3.3.1 Hardware, firmware and software. Reference paras. 3.1. 4 and 3.1.5, above, upon Government approval via the Appendix D, “System Updates & Repairs” form process, the Contractor shall:

3.3.1.1 Deliver replacement operational parts and components as used from any of the 39 Government owned Cronos-11, GEM-5 and GEM-5N spare parts kits per Appendix I. Includes 18 Cronos-11 spare parts kits at 11 locations, 19 GEM-5 spare parts kits at 10 locations, and, 2 GEM-5 spare parts kits at 1 location.

3.3.1.2 Deliver parts and components other than parts kits’ spares, as required for repair of any of the Cronos-11, GEM-5 and GEM-5N systems identified in Appendices A, B, and C.

3.3.1.3 Deliver firmware and software as required for upgrade of any of the Cronos-11, GEM-5 and GEM- 5N systems identified in Appendices A, B, and C.

3.3.1.4 The Contractor shall deliver replacement parts with identical operational parts (all design functions of multi-purpose/function parts included), to the extent those parts/designs are still supported or available, in order to maintain unaltered physical and functional configuration of hardware, firmware and software.

The Contractor shall provide an adapter for any parts requiring an adapter to attach a part to the system.

3.3.2 Monitor Systems’ Keyboards

Ninety (90) days after contract award, the Contractor shall deliver one (1) keyboard, Universal Serial Bus keyboard/touchpad for each spare part kit listed in Appendix I, Quantity of Spare Part Kits. Shipping addresses are provided in Appendix J. The keyboard is a new part to the kits. The Contractor shall deliver a total of 39 keyboards for:

18 of Cronos-11 spare parts kits at 11 locations, part number 201208;

19 of GEM-5N spare parts kits at 10 locations, part number 201240; and, 2 of GEM-5 spare parts kits at 1 location, part number 201240.

3.3.3 Ground Straps

Ninety (90) days after contract award, the Contractor shall deliver four (4) ground straps, part number 7080741 for each of the Cronos-11 spare part kit listed in Appendix I, Quantity of Spare Part Kits. Shipping addresses are provided in Appendix J. The ground straps are a new part to the kits. The Contractor shall deliver a total of seventy two (72) ground straps for 18 Cronos-11 spare parts kits at 11 locations.

3.4 Embedded Computer Upgrades:

3.4.1 The contractor shall deliver twenty-nine (29) embedded computer upgrades for twenty-nine (29) Cronos-11, GEM-5, and GEM-5N monitor systems. The hardware shall be equipped with a Windows operating system. The Government will notify the Contractor if the Windows operating system should be Windows 10 or 11 at the time of purchase.

3.4.2 The embedded computer hardware upgrade shall be compatible with monitor software version 9.05 and above.

3.4.3 The Government will notify the Contractor of the delivery destination at the time of purchase.

3.4.4 Embedded computers, part number 7079641, that are currently installed in Government-owned Cronos-11, GEM-5, and GEM-5N systems are considered Government Property and will not be returned to the Contractor unless authorized by the Government.

4.0 INVOICING:

Maintenance invoices shall be submitted at least quarterly.

5.0 SPECIAL QUALIFICATIONS:

The contractor shall possess at least five years of knowledge to maintain, repair, and provide training on Cronos-11, GEM-5, and GEM-5N systems.

6.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION:

N/A

7.0 DELIVERABLES:

The contractor shall provide deliverables as described in the PWS and the following Contract Data Requirement Lists (CDRLs). Format and delivery schedule for deliverables will be outlined in the CDRLs below.

Number Name A001 Maintenance Service Report A002 Engineering Change Proposal A003 Training Materials A004 Revisions to Existing Government Documents

8.0 PERIOD AND PLACE OF PERFORMANCE:

8.1 Period of Performance

8.1.1 The period of performance for the base year will be 30 September 2024 through 30 September 2025.

There will be the option to extend annually for four (4) additional years. Each option year will begin 1 October and end 30 September of the following year.

8.1.1.1 The Required Delivery Date (RDD) for all materials is 90 days from the purchase date.

8.2 Place of Performance.

The primary place of performance shall be at the Government sites per Appendices A, B, and C. Contractor personnel shall be present at Government’s locations for estimated average of three to five days per week, depending on the quantity of systems at each location.

9.0 SECURITY REQUIREMENTS:

9.1 All contractor personnel performing work to support paragraphs 3.1 through 3.4 require a confidential clearance.

These security requirements apply to contractor employees who require access to a federally controlled facility.

9.2 Access to Federal Facilities

9.2.1 The Contractor shall ensure technicians visiting NNPP sites have a background check prior to performing any work on the Cronos-11, GEM-5N, and GEM-5 systems. A certificate of completion shall be provided by email to the TPOC identified in paragraph 10.1.

9.2.2 All visitors to each site listed in Appendices A, B, and C shall be United States citizens.

9.2.3 All services shall be coordinated through the equipment site’s POC as identified in Appendix E. The contractor shall contact the COR, Corporate Radiation Health (CRH), and NSWCCD, if the shipyard POC cannot be reached.

9.2.4 Contractors are considered visitors. Access to federally controlled facilities are at the discretion of the Government. The Government reserves the right to rescind access at any time. The Contractor shall comply with policies involving installation entry control and security.

9.2.5 Contractor employees shall complete all command specific in-processing requirements with the Global Cyber Alliance Security Division upon arrival and out-process prior to departure at the completion of the individual’s performance under the contract.

9.3 Common Access Card (CAC) Issuance

9.3.1 The CAC will be used as the identification credential for on-site contractors. A contractor must possess a valid need for physical access to government facilities. The COR is the competent authority in determining whether contractor support requires CAC issuance.

8.3.2 Contractor employees who have been issued CACs and/or badges, shall display the CAC at all times on outer garments, above the waist, when in DON spaces and removed from view when not in DON spaces. CACs or badges shall not be worn outside the installation nor used as personal identification, unless in the performance of the contract.

8.3.3 The Contractor shall provide a personnel roster of all prime and subcontract personnel and submit to the COR and the CAC Trusted Agent via e-mail no later than 30 business days following award of the contract. This shall be updated monthly and when changes occur.

10.0. GOVERNMENT POINT OF CONTACTS

10.1 Technical Point of Contact (TPOC)

*TO BE DETERMINED AT TIME OF AWARD

10.2 Contracting Officer Representative (COR)

10.3 Corporate Radiation Health

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2024)

(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.]

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

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

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

___ (4) 52.203-17, 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).

X (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. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (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).

X (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (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)).

____ (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)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

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) (E.O.

13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X (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.

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

X (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). (E. O. 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. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (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).

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

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

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

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

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

____ (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

(OCT 2018) (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).

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

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64) (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. chapter 67).

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

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

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

X (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) (E.O. 13658).

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

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

1792).

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

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products 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) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(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) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(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) X (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) (E.O. 13658).

(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) 52.247-64, 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)

The following have been deleted:

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

(End of Summary of Changes)