N0025324Q0017.pdf

SEE ADDENDUM

(No Collect Calls)

N0025324Q0017 08-Feb-2024

b. TELEPHONE NUMBER

360-315-8930

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 22 Feb 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N002539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NAOMI NI MCKENZIE

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL UNDERSEA WARFARE CENTER

ATTN: NAOMI MCKENZIE

NAOMI.MCKENZIE@NAVY.MIL

610 DOWELL STREET, BLDG 206

KEYPORT WA 98345

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N00253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

TEL: 360 396-2760 FAX:

FAX:

TEL: 360-315-8930 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

541519

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF58

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0025324Q0017

Section SF 30 - BLOCK 14 CONTINUATION PAGE

GREY MARKET

Due to Security and Warranty Requirements, no "Gray Market" vendors are to be used. Item(s) must be acquired from an authorized reseller. Vendor must provide OEM letter of authorization stating partners name, location and, if applicable, unique OEM identification code, with quote submission.

1. Must be new, factory sealed and never previously sold to another customer.

2. In accordance with NAVSEA clause C-246-H001, Extension of Commercial Warranty, any standard commercial warranty available from the OEM or an authorized distributor shall be provided.

3. Must follow the OEM's procedures for Secure Supply Chain.

4. Must be from the OEM directly or via an authorized reseller ordering thru an authorized OEM distributor.

5. Must provide OEM sales order numbers prior to shipment (customer will check with OEM to ensure that above conditions are met).

6. Must provide serial numbers prior to shipment to the Federal customer to ensure all above conditions are met.

7. Any deviation from the above, may deem your company non-responsive.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Each

HPE DL380 GEN11 8SFF NC CTO SVR

FFP

P52534-B21 HPE DL380 Gen11 8SFF NC CTO Svr CONSISTING OF P52534- B21#ABA HPE DL380 Gen11 8SFF NC CTO Svr.

Part Number: P52534-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

FOB: Destination

PSC CD: 7J20

NET AMT

0002 6 Each

INT XEON-G 6430 CPU FOR HPE

FFP

P49614-B21 INT Xeon-G 6430 CPU for HPE CONSISTING OF P49614- B21#0D1 Factory Integrated.

Part Number: P49614-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0003 72 Each

HPE 32GB 2RX8 PC5-4800B-R SMART KIT

FFP

P43328-B21 HPE 32GB 2Rx8 PC5-4800B-R Smart Kit CONSISTING OF P43328-B21#0D1 Factory Integrated.

Part Number: P43328-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0004 3 Each

HPE DL380 GEN11 2U 8SFF X1 TM KIT

FFP

P48813-B21 HPE DL380 Gen11 2U 8SFF x1 TM Kit CONSISTING OF P48813- B21#0D1 Factory integrated.

Part Number: P48813-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0005 3 Each

HPE DL380 GEN11 2U 3X16 PRIM RISER KIT

FFP

P48803-B21 HPE DL380 Gen11 2U 3x16 Prim Riser Kit CONSISTING OF P48803-B21#0D1 Factory integrated.

Part Number: P48803-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0006 6 Each

NVIDIA A16 64GB PCIE NONCEC ACCELERATOR

FFP

R8T26C NVIDIA A16 64GB PCIe NonCEC Accelerator CONSISTING OF R8T26C#0D1 Factory Integrated.

Part Number: R8T26C Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0007 3 Each

HPE DL380 GEN11 2U 3X16 SEC RISER KIT

FFP

P51083-B21 HPE DL380 Gen11 2U 3x16 Sec Riser Kit CONSISTING OF P51083-B21#0D1 Factory integrated.

Part Number: P51083-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0008 3 Each

HPE MR416I-P GEN11 SPDM STORAGE CNTLR

FFP

P47777-B21 HPE MR416i-p Gen11 SPDM Storage Cntlr CONSISTING OF P47777-B21#0D1 Factory Integrated.

Part Number: P47777-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0009 3 Each

HPE DL360 GEN11 STG CNTRL ENABLE CBL KIT

FFP

P48918-B21 HPE DL360 Gen11 Stg Cntrl Enable Cbl Kit consisting of P48918- B21#0D1 Factory integrated.

Part Number: P48918-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0010 3 Each

BCM 57504 10/25GBE 4P SFP28 OCP3 ADPTR

FFP

P26269-B21 BCM 57504 10/25GbE 4p SFP28 OCP3 Adptr CONSISTING OF P26269-B21#0D1 Factory Integrated.

Part Number: P26269-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0011 3 Each

HPE DL300 OCP2 X16 ENABLE KIT

FFP

P48828-B21 HPE DL300 OCP2 x16 Enable Kit CONSISTING OF P48828- B21#0D1 Factory integrated.

Part Number: P48828-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0012 3 Each

HPE DL380/DL560 G11 2U HIGH PERF FAN KIT

FFP

P48820-B21 HPE DL380/DL560 G11 2U High Perf Fan Kit CONSITING OF P48820-B21#0D1 Factory integrated.

Part Number: P48820-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0013 3 Each

HPE NS204I-U GEN11 HT PLG BOOT OPT DEV

FFP

P48183-B21 HPE NS204i-u Gen11 Ht Plg Boot Opt Dev CONSISTING OF P48183-B21#0D1 Factory integrated.

Part Number: P48183-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0014 6 Each

HPE DL380/DL560 G11 HIGH PERF 2U HS KIT

FFP

P48818-B21 HPE DL380/DL560 G11 High Perf 2U HS Kit consiting of P48818- B21#0D1 Factory integrated.

Part Number: P48818-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0015 3 Each

HPE DL380 G11 NS204I-U INTERNAL CBL KIT

FFP

P52152-B21 HPE DL380 G11 NS204i-u Internal Cbl Kit consisting of P52152- B21#0D1 Factory integrated.

Part Number: P48818-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0016 3 Each

HPE DL3XX GEN11 EASY INSTALL RAIL 3 KIT

FFP

P52341-B21 HPE DL3XX Gen11 Easy Install Rail 3 Kit CONSISTING OF P52341-B21#0D1 Factory integrated.

Part Number: P52341-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0017 3 Each

HPE GREENLAKE COM EN 3Y UP PROLIANT AAS

FFP

R7A11AAE HPE GreenLake COM En 3y Up ProLiant aaS CONSISTING OF HU4B2A3 HPE 3Y Tech Care Basic SVC.

Part Number: R7A11AAE Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0018 3 Each

HPE DL380 GEN11 SUPPORT

FFP

HU4B2A300DK HPE DL380 Gen11 Support.

Part Number: HU4B2A3 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0019 3 Each

HPE SN1610E 32GB 2P FC HBA - STORAGE NET

FFP

R2J63A HPE SN1610E 32Gb 2p FC HBA - Storage Networking R2J63A CONSISTING OF R2J63A#0D1 HPE SN1610E 32Gb 2p FC HBA Factory Integrated - Storage Networking R2J63A#0D1.

Part Number: R2J63A Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0020 3 Each

HPE 96W SMART STORAGE BATTERY 145MM CBL

FFP

P01366-B21 HPE 96W Smart Storage Battery 145mm Cbl - Focus Options P01366-B21 CONSISTING OF P01366-B21#0D1 HPE 96W Smart Storage Battery 145mm Cbl Factory Integrated - Focus Options P01366-B21#0D1.

Part Number: P01366-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0021 6 Each

HPE 800W FS PLAT HT PLG LH PS KIT - SER

FFP

P38995-B21 HPE 800W FS Plat Ht Plg LH PS Kit - Server Storage & Inf P38995- B21 CONSISTING OF P38995-B21#0D1 HPE 800W FS Plat Ht Plg LH PS Kit Factory Integrated - Server Storage & Inf P38995-B21#0D1.

Part Number: P38995-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0022 3 Each

HPE DL300 GEN10+ GPU 8P KEYED CBL KIT

FFP

P39102-B21 HPE DL300 Gen10+ GPU 8p Keyed Cbl Kit - x86 Premium and Scale-up Rack P39102-B21 CONSISTING OF P39102-B21#0D1 HPE DL300 Gen10+ GPU 8p Keyed Cbl Kit Factory Integrated - x86 Premium and Scale-up Rack P39102-B21#0D1.

Part Number: P39102-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

0023 3 Each

HPE DL38X GEN10+ 2U CMA FOR RAIL KIT

FFP

P22020-B21 HPE DL38X Gen10+ 2U CMA for Rail Kit - Server Storage & Inf P22020-B21 CONSISTING OF P22020-B21#0D1 HPE DL38X Gen10+ 2U CMA for Rail Kit Factory Integrated - Server Storage & Inf P22020-B21#0D1.

Part Number: P22020-B21 Manufacturer: Hewlett Packard Enterprise (HPE) (Do not substitute)

Please provide the actual manufacturer(s)/ Service Provider(s) information [If more than one, identify all]:

Actual Manufacturer/ Service Provider:

Manufactured Item(s) Country of Origin:

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government

0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 3 NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY

OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

360 396-2760

N00253

0002 90 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0003 90 dys. ADC 72 (SAME AS PREVIOUS LOCATION)

0004 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0005 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0006 90 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0007 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0008 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0009 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0010 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0011 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0012 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0013 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0014 90 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0015 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0016 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0017 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0018 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0019 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0020 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0021 90 dys. ADC 6 (SAME AS PREVIOUS LOCATION)

0022 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

0023 90 dys. ADC 3 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

Commercial Services

SEP 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (NOV 2023) Alternate I

OCT 2014

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

NOV 2023

52.219-28 Post-Award Small Business Program Rerepresentation SEP 2023 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies NOV 2023 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-15 Stop-Work Order AUG 1989 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7017 Notice of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022 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 JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-

O0008) (DEC 2023)

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

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

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial 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 (NOV 2023) (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 (SEP 2023) (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).

(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):

FAR Clause: http://acquisition.gov/far/ DFAR Clause: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html NMCARS: http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx

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):

FAR Clause: http://acquisition.gov/far/ DFAR Clause: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html NMCARS: http://www.secnav.navy.mil/rda/Pages/NMCARS.aspx

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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 Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

Document Type: Invoice and Receiving Report (Combo) Inspection location: DESTINATION Acceptance location: DESTINATION

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

Document Type: Invoice and Receiving Report (Combo) Inspection location: DESTINATION Acceptance location: DESTINATION

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N62839

Issue By DoDAAC N00253

Admin DoDAAC** N00253

Inspect By DoDAAC

Ship To Code N00253

Ship From Code

Mark For Code

Service Approver (DoDAAC) N00253

Service Acceptor (DoDAAC) N00253

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

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

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

Send additional email notifications to:

KYPT_WA_ReceiptControlB893@navy.mil

(g) WAWF point of contact.

For WAWF Invoicing questions, contact:

Keyport Vendor Pay Group at (360) 315-8500 or at KYPT_WA_VendorPay@us.navy.mil

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

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

C-202-H001 ADDITIONAL DEFINITIONS–BASIC (NAVSEA) (OCT 2018)

(a) Department - means the Department of the Navy.

(b) Commander, Naval Sea Systems Command - means the Commander of the Naval Sea Systems Command of the Department of the Navy or his duly appointed successor.

(c) References to The Federal Acquisition Regulation (FAR) - All references to the FAR in this contract shall be deemed to also reference the appropriate sections of the Defense FAR Supplement (DFARS), unless clearly indicated otherwise.

(d) National Stock Numbers - Whenever the term Federal Item Identification Number and its acronym FIIN or the term Federal Stock Number and its acronym FSN appear in the contract, order or their cited specifications and standards, the terms and acronyms shall be interpreted as National Item Identification Number (NIIN) and National Stock Number (NSN) respectively which shall be defined as follows:

(1) National Item Identification Number (NIIN). The number assigned to each approved Item Identification under the Federal Cataloging Program. It consists of nine numeric characters, the first two of which are the National Codification Bureau (NCB) Code. The remaining positions consist of a seven digit non-significant number.

(2) National Stock Number (NSN). The National Stock Number (NSN) for an item of supply consists of the applicable four-position Federal Supply Class (FSC) plus the applicable nine-position NIIN assigned to the item of supply.

(End of text)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA)

(OCT 2018)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

C-212-W002 COMMERCIAL SUPPLIER AGREEMENTS (NAVSEA) (MAR 2019)

(a) Commercial Supplier Agreement means End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement.

(b) Any Commercial Supplier Agreement must be provided in full text as part of a quote or offer without hyperlinks.

(c) The contract/order Schedule and Federal Acquisition Regulation (FAR) 52.212-4, Contract Terms and Conditions—Commercial Items, shall take precedence over any conflicting provisions in a Commercial Supplier Agreement.

(d) If any requirement in the Commercial Supplier Agreement conflicts with Federal law or regulations (see FAR 12.212(a)), the following shall apply:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such requirement by virtue of it appearing in the Commercial Supplier Agreement. If the Commercial Supplier Agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such requirement.

(iii) Any such requirement is deemed to be stricken from the Commercial Supplier Agreement.

(e) Automatic renewals. License Agreements will expire at end of the term identified in the Purchase Order/Contract. Automatic renewals are not permitted and any such provision is void.

(f) Changes to the Commercial Supplier Agreement. Unilateral changes of the Commercial Supplier Agreement are impermissible and any requirement authorizing such changes is unenforceable. Changes must be in writing and executed by both parties to be effective.

(g) Third Part License (Embedded Software).

(i) The Contractor agrees that it has obtained all necessary licenses for the Government for any third party materials (including without limitation all Open Source licenses) provided within the product.

(ii) Contractor agrees that it complies with and shall continue to comply with all of its obligations under Third Party Licenses (including without limitation all Open Source licenses) associated with any third party materials provided within each product.

(iii) To the extent that the Government’s use of the software products licensed herein is in compliance with the Contractor’s Commercial Supplier Agreement, the Government’s use will also be in compliance with any Third Party…