N0016725Q0010.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6 and Subpart 13 as supplemented with additional information included in this notice. Naval Surface Warfare Center Carderock Division (NSWCCD) intends to award a firm fixed price (FFP) purchase order using Simplified Acquisition Procedures for low and high complexity reviews to supplement NSWCCD Code 661 Shock Engineering Services for the Columbia Class and Virginia Class shock qualification programs that meets the specifications outlined below. This solicitation is set aside for small business. This announcement constitutes the only solicitation and a written solicitation will not be issued. Quotes are being requested under Request for Quotation (RFQ) no. N0016725Q0010. The NAICS code is 541330 and the business size standard is $25,500,000.

The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular FAC 2025-02 and the Defense Federal Acquisition Regulation Supplement

(DFARS) DPN 20241218. SEE ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS.

The Government will award a contract resulting from this solicitation to the responsible quoter whose quote, conforming to the solicitation that will be most advantageous to the Government, price and other factors considered. The Government intends to evaluate all timely quotes received from eligible quoters on a lowest price technically acceptable (LPTA) basis. The Government intends to evaluate quotations and award a contract without discussions with quoters.

Evaluation Factors (See 52.212-2- Evaluation—Commercial Products and Commercial Services)

1. Price – Quotes must include all applicable costs.

2. Technical – Quotes must reflect the required specifications included in the RFQ.

Questions/clarification regarding this solicitation must be submitted via email to steven.besanko@navy.mil by 1/24/25, 12:00 PM EST. All questions will be answered in an amendment to the solicitation.

Quote packages are due by 1/31/25, 12:00 PM EST. Late quotes will not be considered. Quote packages shall be sent to steven.besanko@navy.mil and contain a cover sheet that provides the following information:

a) Official Company Name;

b) Point of contact including name and phone number; and

c) Cage Code number.

N0016725Q0010

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Engineering Support for Submarine Shock Systems Integration Team Reviews

1.0 DESCRIPTION OF SERVICES/INTRODUCTION:

The objective of this task is to supplement NSWCCD Code 661 Shock Engineering Services for the Columbia Class and Virginia Class shock qualification programs. This will be a 3‐year BPA effort with a ceiling of $999,000.00. Work performed by the Contractor will directly support NSWCCD Code 661 Underwater Explosions Research and Development (UERD) branch efforts.

Tasks Nomenclature

3.1 Low Complexity Reviews

3.2 High Complexity Reviews

3.3 Comment Adjudication

3.4 Pre‐SIT Meetings and

Meeting Minutes

3.5 SIT Meetings

3.6 Local Trips

2.0 BACKGROUND:

The Naval Surface Warfare Center Carderock Division (NSWCCD) Platform Integrity Department is responsible for supporting the shock hardening program for all US Navy vessels. The shock qualification of all Contractor Furnished Equipment (CFE) and GFE Government Furnished Equipment (GFE) is integral to the shock hardening program for submarines and is required by Ship Specification Section 072 for existing and new construction submarine classes (Columbia and Virginia).

3.0 OBJECTIVE:

The Contractor shall provide engineering services to support qualification of submarine equipment shock qualification efforts for equipment. The Contractor shall perform reviews of CFE and GFE program office commitments for compliance with shock requirements as invoked by NSSN Class Ship Specification Section 072 and OHIO Replacement (OR) Class Ship Specification Section 072, and their subsidiary specifications (Section 6.1) to support program office and approval authority deadlines. The required level of support is estimated at 1.5 commitments per month over the period of performance. The Contractor shall complete commitment reviews within eight (8) business days of assignment. See section 11 for definitions of commitments and commitment package.

NOTE: Commitment reviews vary by complexity, and definitions of complexity for the purposes of this statement of work are included in sections 3.1 and 3.2. In the case that a commitment package does not fit all three attribute categories for each of the complexity level, it shall be assigned the complexity level with the greatest number of matching attributes. In the case that a commitment package matches attributes of multiple complexities levels equally, the lower of the complexities levels will be assigned. A nominal distribution of reviews by complexity is 90% low and 10% high complexity. See section 11 for definition of commitments and commitment package.

Documents under the scope of commitment reviews are:

• High‐impact, low‐impact, and underwater explosion (UNDEX) shock test procedures

• High‐impact, low‐impact, and UNDEX shock test reports

• Shock qualification plans

• Shock extension requests

• Shock test acceptance forms

• Engineering calculations and results

• Finite element transient shock analyses (TSA) models and results

• Official letters by government entities and contractors

3.1 The Contractor shall provide engineering services to perform low complexity reviews in accordance with the general requirements in section 3.0. Low complexity reviews have the following attributes:

• Document type: shock machine or UNDEX test procedure, shock machine or UNDEX test report, identical shock extension, similar shock extension with one test basis and minor design modifications, analysis package using hand calculations, static‐g analysis or DDAM, official letters

• Commitment package size: Less than or equal to 400 pages

• Deviation of shock specification or interpretation of shock specifications outside explicit requirements: No

In completion of the low complexity commitment reviews, the Contractor shall:

3.1.1 Summarize findings using a comment matrix provided by the technical advisor. Comments in the comment matrix shall communicate the portions/aspects of the submittal that are non‐ compliant with specifications, rationale for why the area is non‐compliant, and recommended action to resolve the comment (CDRL A001).

3.1.2 Present findings and comment matrix, and participate in discussions with the NSWCCD Shock Engineering Services Team, Engineering Manager for Submarine Shock and/or other pertinent approval authorities, as necessary. Prepare and brief a PowerPoint slide package overviewing the current commitment under review (CDRL A004). Modify the comment matrix as applicable based on the discussions (CDRL A001).

3.1.3 Provide a weekly status update for each assigned commitment (CDRL A002).

3.2 The Contractor shall provide engineering services to perform high complexity reviews in accordance with the general requirements in section 3.0. High complexity reviews have the following attributes:

• Document type: Similar shock extension with multiple test basis and significant design changes requiring engineering assessments, analysis package using non‐standard shock analysis method or transient shock analysis, shock qualification plan, shock failure modes and effects analysis

• Commitment package size: Greater than 400 pages

• Deviation of shock specification or interpretation of shock specifications outside explicit requirements: Yes

In completion of the high complexity commitment reviews, the Contractor shall:

3.2.1 Summarize findings using a comment matrix provided by the technical advisor. Comments in the comment matrix shall communicate the portions/aspects of the submittal that are non‐ compliant with specifications, rationale for why the area is non‐compliant, and recommended action to resolve the comment (CDRL A001).

3.2.2 Present findings and comment matrix, and participate in discussions with the NSWCCD Shock Engineering Services Team, Engineering Manager for Submarine Shock and/or other pertinent approval authorities, as necessary. Prepare and brief a PowerPoint slide package overviewing the current commitment under review (CDRL A004). Modify the comment matrix as applicable based on the discussions (CDRL A001).

3.2.3 Provide a weekly status update for each assigned commitment (CDRL A002).

3.3 Support comment adjudication process by resolving (concurring or commenting on) the comment response of the requesting activity. Comment adjudications shall be completed within two (2) business days. (See Section 11.2 for definition of comment adjudication). Generate written response and incorporate into comment matrix (CDRL A001).

3.4 The contractor shall attend monthly submarine Pre‐Shock System Integration Team (Pre‐SSIT) meetings at NSWCCD. The Pre‐SSIT meetings discuss related topics presented in a formal meeting setting with the NAVSEA05P1 Engineering Manager present. Provide verbal commentary on compliance of presented items with shock requirements as invoked by NSSN Class Ship Specification Section 072 and OHIO Replacement (OR) Class Ship Specification Section 072 and subsidiary specifications (See Section 6.1). A typical meeting is expected to last three hours. Provide meeting minutes for Pre‐SSIT meetings (CDRL A003).

3.5 The contractor shall attend, via teleconference, Shock System Integration Team (SSIT) meetings at

Electric Boat and NUWC for the Virginia Class and Columbia Class shock qualification programs. The Contractor Furnished Equipment (CFE) SSIT and Government Furnished Equipment (GFE) SSIT allow equipment owners to interface with shock Technical Authority (TA) to ensure the shock qualification process and standards are being adhered to. Contractor support is required to review SSIT materials and to provide verbal commentary on compliance of presented items with shock requirements as invoked by NSSN Class Ship Specification Section 072 and OHIO Replacement (OR) Class Ship Specification Section 072 and subsidiary specifications (See Section 6.1). 30 SSIT meetings are expected over a twelve month period. A typical meeting is expected to last four hours.

4.0 TRAVEL

The contractor shall support the anticipated travel requirements for this call as identified in the chart below. Travel estimates are derived based on sections 3.1.2, 3.2.2, and 3.4. It is assumed some of the meetings can be combined into one trip.

Destination Number of Trips Number of Days Number of People Frequency

West Bethesda, MD 2 1 2 Monthly

5.0 SPECIAL QUALIFICATIONS: The offeror shall address the following requirements in their proposal:

5.1 All personnel shall have a minimum of a Bachelor’s degree in mechanical engineering, civil engineering, or a related engineering field.

5.2 Personnel shall have experience directly applying submarine ship specifications and subsidiary specifications to review shock qualification testing, qualification of analysis, and qualification by extensions. Personnel shall have expertise and experience with various NAVSEA program offices and technical authorities within the shock qualification process.

5.3 The contractor shall provide a list of Key Personnel and their related experience.

6.0 APPLICABLE DOCUMENTS

6.1 The following documents are needed in order to complete the objectives established in Section 3.0.

Document Type

No./Version Title Date

Ship Specification

Section 072 NSSN Class Ship Specifications Section 072 (CONFIDENTIAL)

21 Aug 1998

Ship Specification

Section 072 NSSN Class Ship Specifications Section 072 (CONFIDENTIAL)

15 July 2016

Military Specification

MIL‐S‐901D

IC#2

Shock Tests, H.I. (High‐Impact) Shipboard Machinery, Equipment, and Systems, Requirements for

30 July 2012

Military Specification

PPD 802‐

6337443

Shock Qualification and Design Guidance for Submarine External Components; Project Peculiar Document (CONFIDENTIAL)

5 May 1995

Military Specification

PPD 802‐

6337445

Underwater Explosion (UNDEX) Qualification of Submarine Hull Penetrations; Project Peculiar Document (CONFIDENTIAL)

17 June 1996

Military Specification

PPD 802‐

6337447

Dynamic Design Analysis Method (DDAM) Procedures; Project Peculiar Document

28 April 1997

Military Specification

PPD 802‐

6337449

Low‐Impact (L.I.) Testing, Shipboard Machinery, Equipment, and Systems, Requirements for; Project Peculiar Document

15 April 2012

7.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION

7.1 The Government will provide the Contractor with on‐site access and the material required for the successful accomplishment of the work specified above. The physical materials needed are provided in Section 5.1 above. This material shall include commitment packages for completion of tasking in section 3.0. See section 11.3 for the definition of commitment packages. GFI listed below to be utilized for CDRL A001. Subsidiary specifications to be provided by the Government are:

7.1.1 Plans, drawings, specifications, designs, photographs, and any other information furnished by the Government shall remain Government property and shall be reproduced only as authorized in writing by the Government, shall be used for performance of the work under this task order only, and shall be returned to the Government upon request. Such a request may be made during the period of performance or at termination or completion of the period of performance. After the period of performance, the Contractor shall thereafter make no further use of any information derived from GFI without prior written consent of the Government.

8.0 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 Technical Report A002 Status Report A003 Meeting Minutes

A004 PowerPoint Slides

9.0 SECURITY REQUIREMENTS:

9.1 The tasks to be performed under the scope of work are classified up to the level of CONFIDENTIAL.

Security and dissemination requirements shall follow DoD Manual 5200.01.

9.2 The tasks to be performed under the scope of work may include Naval Nuclear Propulsion

Information (NNPI). Security and dissemination requirements shall follow OPNAVINST N9210.3.

9.3 Although tasks to be performed may include GFI and up to CONFIDENTIAL security and contain NNPI, all deliverables shall omit any classified or NNPI information, so that all deliverables are FOR OFFICIAL USE ONLY, Distribution D. The contractor shall ensure that all employees maintain appropriate derivative classifier and NNPI security certifications.

10.0 PERFORMANCE:

10.1 Place of Performance: The primary place of performance shall be at the Contractor’s facility

10.2 Contractor shall be present at NSWCCD, 9500 MacArthur Blvd, West Bethesda, Maryland 20817, for a minimum of one day every other week.

10.3 Period of Performance: The period of performance of the BPA shall be from the effective date of award through 30 September 2028.

11.0 Definitions

11.1 Commitments: Commitments are program office products which assign various stakeholders actions such as comment, concurrence, or signature. The submarine senior shock engineering manager is ultimately responsible for all comment, concurrence, and signature activities; commitment review support assisting and advising the engineering manager in performing these tasks. Commitment route sheets include an assigned due date. For the vast majority of commitments, the documents enclosed are approval requests to the program office or NAVSEA from the lead shipyard (Electric Boat), vendors for the lead shipyard, or other engineering entities. Items which require program office or NAVSEA approval are outlined in the ship specifications and other approval delegation letters.

11.2 Comment Adjudication: Comment adjudication is initiated when the requesting activity (lead shipyard, Vendor, or other engineering entity) provides written responses to the comments generated against the commitment. For reviews of medium or high complexity, communication between the Government and requesting activity is generally required to resolve comment adjudications, in the form of written correspondence, teleconferences, and/or meetings. The final comment adjudication is incorporated and documented into the program office comment matrix.

11.3 Commitment Package: For the purposes of this SOW, commitment packages include:

Letter from the engineering entity requesting approval

All enclosures to the requesting engineering entities’ letter Any historical documents (i.e. letters, meeting minutes, and associated presentations, shock qualification plans, shock test reports, etc.) that document past precedence and/or approval supports essential rationale in the approval request. These documents shall be determined by the Technical Advisor.

BPA TERMS AND CONDITIONS

SUPPLIES AND SERVICES

The Naval Surface Warfare Center, Carderock Division, (NSWCCD) invites vendors to enter into a Blanket Purchase Agreement (BPA) that establishes the terms and conditions applicable to purchasing complexity reviews meeting the identified minimum specifications . As a result of this solicitation, one (1) vendor is needed to provide the supplies; however, the Government reserves the right to issue a Multiple Award BPA if it is determined that more than one vendor is interested and capable of meeting this requirement.

BPA TERMS AND CONDITIONS

BPA Master Dollar Limit: $990,000.00 PSC Code: AC32 Period of Performance: Date of Award through 31 January 2028

1. The Blanket Purchase Agreement (BPA) holder(s) shall provide complexity reviews in accordance with the minimum specifications, if and when requested by the contracting officer for the duration of the BPA.

2. The Government is obligated only to the extent of purchases made by an authorized Contracting Officer for the duration of the BPA.

The Contracting Officers of Naval Surface Warfare Center-Carderock Division (NSWCCD) Code 02 Contracting Department are the only authorized individuals to place orders against this BPA.

3. The total of all BPA calls may not exceed the ceiling amount of $990,000.00

4. The BPA ordering period will begin at contract award through 31 January 2028, or until the total of all Calls (Ceiling) is reached, whichever occurs first.

5. The contractor shall deliver all items FOB Destination and as specified in the minimum specifications. Delivery tickets/packaging slips shall include the following information:

a. Name of Supplier

b. BPA Number

c. Date of Purchase

d. Purchase Number

e. Itemized List of Supplies

f. Quantity and Unit Costs

g. Date of Delivery/Shipment

6. The prices to the Government shall be as low as or lower than those charged to the contractor’s most favored customer. Purchases under the awarded BPAs will be made under the authority of Title 10 U.S.C. 3201, and in accordance with FAR 13.303-5 and DFARS 213.303-5.

7. The Government shall determine price reasonableness at the BPA Master Agreement level. For evaluation purposes, provide pricing from the following items.

CLIN Equipment Quantity Price 0001 Low complexity review 1 0002 High complexity review 1

8. All invoices shall be submitted electronically through DoD Wide Area Workflow Receipt and Acceptance (WAWF) system following instructions provided in Clause 252.232-7006 Invoice Instructions (NSWCCD), and all payments will be made through electronic funds transfer (EFT).

NSWCCD assigned technical point of contact will review invoices for payment per each individual call placed against this BPA. See clause G-242-H001

9. NSWCCD Accounting and Appropriation data will be included in each individual call placed against this BPA.

10. The Product Service Code (PSC) allowed for ordering against this BPA is AC32, and North American Industry Classification System (NAICS) Code: 541330.

Each BPA Call shall utilize the minimum specifications.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Low Complexity Reviews

FFP

Engineering services to supplement NSWCCD Code 661 Shock Engineering Services for the Columbia Class and Virginia Class shock qualification programs IAW Performance Work Statement.

FOB: Destination

PSC CD: AC32

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot High Complexity Reviews

FFP

Engineering services to supplement NSWCCD Code 661 Shock Engineering Services for the Columbia Class and Virginia Class shock qualification programs IAW Performance Work Statement.

PSC CD: AC32

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-FEB-2025 TO

31-JAN-2028

N/A N/A

0002 POP 03-FEB-2025 TO

31-JAN-2028

N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.247-34 F.O.B. Destination JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.212‐2 EVALUATION‐‐COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government intends to issue a Blanket Purchase Agreement (BPA) to the responsible quoter(s) who (1) submits a Technically Acceptable quotation, (2) conforms to the solicitation, (3) proposes a price that is fair and reasonable, and (4) will be most advantageous to the Government, price and other factors considered. .

The following factors shall be used to evaluate quotations:

Factor 1 Price

Quotes must include a proposed price for each Contract Line Item Number (CLIN). The Government will determine prices to be fair and reasonable in accordance with FAR Part 13.106‐3 based on, but not limited to, market research, current or previous purchases, prices for similar performance in a related industry, and comparison to an independent Government estimate.

Quoters responding to this solicitation are advised that, prior to award, the Government may request quoters to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts.

Factor 2 Technical Capability

The Government will evaluate the Quoter for acceptability of Technical Capability.

Minimum Requirements:

The following are the minimum requirements a quote must meet to be deemed acceptable for the Technical Capability factor:

1) A quote is deemed acceptable for the Technical Capability factor if it meets all requirements as defined in the solicitation Performance Work Statement (PWS)/Statement of Work (SOW) and/or minimum specifications.

2) Technical Capability/Approach evaluations will result in one of the following ratings:

TABLE 1 ‐ TECHNICAL RATINGS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation.

Unacceptable Quote does not clearly meet the minimum requirements of the solicitation.

A quote must be rated "ACCEPTABLE" for the quote to be eligible for award. An "UNACCEPTABLE" rating for Technical Capability/Approach factor will result in the entire quote being rated "UNACCEPTABLE" overall; an overall rating of "UNACCEPTABLE" makes a quote ineligible for award. A quote must contain sufficient information to enable evaluators to determine acceptability; if there is insufficient information to determine acceptability of the quote, the quote will be rated “UNACCEPTABLE” overall.

QUESTIONS: Any questions in relation to this solicitation shall be submitted to Steven Besanko at steven.besanko@navy.mil.

The cut‐off date for questions is 12:00 PM EST on 1/24/24.

(b) The Government shall mail or email a written notice of award to the successful quoter. Upon receipt, the quoter shall either commence performance, or have an authorized representative sign the award and return it to the Contracting Officer; a binding contract is formed upon the earlier of either of those actions.

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

MAY 2024

CLAUSES INCORPORATED BY FULL TEXT

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).

___ (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).

___ (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.

___ (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).

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

____ (14) [Reserved]

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

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

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

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

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

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

____ (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.

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

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

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

13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (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).

_____ (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) _____ (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)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.ecfr.gov/current/title-48

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.ecfr.gov/current/title-48

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the Offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the Offeror, and who are expected to undertake activities on behalf of the Offeror for any resulting contract, are presently in compliance with all applicable post-employment restrictions, including those contained in 18 U.S.C. 207, 41 U.S.C. 2101-2107, 5 CFR part 2641, section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), and Federal Acquisition Regulation 3.104-2.

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

(a) Definitions. As used in this provision--

Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

252.211-7003 ITEM…