N00421-16-T-0420.docx
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- UPS Back-up Batteries Federal contract opportunity
- Solicitation number
- N00421-16-T-0420
About this file
Remove and replace existing UPS Battery Back-up for the main Lucent 5ESS Telephone Switch Board for NAS Patuxent River MD 20670. The Switch Board is Verizon Federal Maintained Equipment. MasTec is the only authorized company that can work on Verizon Maintained Equipment. Having a different company perform the work could void the Verizon Maintenance contract and this will cause telephone services disruptions on base.
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|---|---|---|
| N00421-16-T-0420-0002.docx | DOCX document | |
| N00421-16-T-0420-0001.docx | DOCX document |
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N00421-16-T-0420
Section A - Solicitation/Contract Form
SOLICITATION/CONTRACT FORM
Solicitation N00421-16-T-0420 is issued as intent to sole source. The Government intends to purchase on a firm fixed-price basis, and to solicit and negotiate the proposed purchase order on a sole source basis with MasTec Network Solutions, under the authority implemented by Federal Acquisition Regulation (FAR) by FAR Part 12 and 13. The requirement is to procure and replace existing Uninterrupted Power Supply (UPS) for the main Lucent 5ESS Telephone Switch for NAS Patuxent River, MD 20670, buildings 1490, 2187, 2272, and 420. The 5ESS Telephone Switch is Verizon Federal Maintained Equipment. MasTec is the only authorized company that can work on Verizon Maintained Equipment. Having a different company perform the work could void the Verizon Maintenance contract and this will cause telephone services disruption on base. Installing a different battery is not an option as it would require significant infrastructure modification to the existing power system. This is a brand name 100 % match only! Substitute or similar product will not be accepted.
***Basis for Award***
This notice is intent to MasTec Network Solutions.
ONLY New Equipment, NO Remanufactured, and all items must be covered under the manufacturer’s warranty. Similar or Substitute products will not be accepted. Vendor must be registered in System for Award Management (SAM) Database prior to submission of an offer to be considered for award of any Department of Defense contract. This can be accomplished electronically at http://www.sam.gov/vendor.cfm. The Government will not pay for any information received
Government Point of Contact:
Bernie Cortez Naval Air Warfare Center AD (PAX)
2.5.1 RAC, 21983 Bundy Road, BLDG 441
Patuxent River, MD 20670-1127 Email: bernie.cortez@navy.mil (preferred method)
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
E2346024CE02 AT-23P
FFP
Remove and replace existing AT-23P Battery for the main Lucent 5ESS Telephone Switch for NAS Pax River, MD 20670 IAW the SOW.
Location: Building 1490.
***This is a Verizon Federal maintainted equipment. MasTec Network Solutions is the only authorized company that can work on Verizon Maintained Equipment. Having a different company perform the work could void the Verizon Maintenance contract and this will cause telephone services disruptions on base***.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
E2346024CE02 AT-23P
Remove and replace existing AT-23P Battery for the main Lucent 5ESS Telephone Switch for NAS Pax River, MD 20670 IAW the SOW.
Location: Building 2187.
***This is a Verizon Federal maintainted equipment. MasTec Network Solutions is the only authorized company that can work on Verizon Maintained Equipment. Having a different company perform the work could void the Verizon Maintenance contract and this will cause telephone services disruptions on base***.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
E2346024CE02 AT-23P
Remove and replace existing AT-23P Battery for the main Lucent 5ESS Telephone Switch for NAS Pax River, MD 20670 IAW the SOW.
Location: Building 2272.
***This is a Verizon Federal maintainted equipment. MasTec Network Solutions is the only authorized company that can work on Verizon Maintained Equipment. Having a different company perform the work could void the Verizon Maintenance contract and this will cause telephone services disruptions on base***.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
E1946024CE02 AT-19P
Remove and replace existing AT-19P Battery for the main Lucent 5ESS Telephone Switch for NAS Pax River, MD 20670 IAW the SOW.
Location: Building 420.
***This is a Verizon Federal maintainted equipment. MasTec Network Solutions is the only authorized company that can work on Verizon Maintained Equipment. Having a different company perform the work could void the Verizon Maintenance contract and this will cause telephone services disruptions on base***.
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
STATEMENT OF WORK for Procurement and Installation of Lucent 5ESS UPS Batteries The following is to be considered as part of the Statement of Work and the requirements for this contract.
General Requirements: The Information Technology/Cyber Security (IT/CS) Base Telephone Office, NAWCAD 7.2.4, has a requirement for the purchase and installation of Uninterrupted Power Supply (UPS) Batteries for the Fiber Distribution Nodes [FDN’s] located in building 1490, 420, 2187 & 2272.
ORIGIN/DESTINATION SITE: Telephone office at the IT/CS Department, Naval Air Warfare Center-Aircraft Division, NAS Patuxent River, 22268 Cedar Point Road, Bldg.1490, Patuxent River, Md. 20670
CUSTOMER HAS ACKNOWLEDGED PRE‐WORK FOR PROJECT:
1. Customer will provide access to NAS Patuxent River.
2. Customer will provide onsite Point of Contact.
**************************l **************************l
3. Customer will provide project workflow management.
SYSTEM POWER:
Backup power for the FDN must be maintained during transition of batteries.
SCOPE OF WORK:
In each affected building, Disconnect battery strings, remove battery strapping and power cables from battery strings, and remove old battery stands. Remove and replace the 2 battery strings with new battery stands and strings. Connect the new battery straps and hardware as required. Disconnect the 2nd set of 2 battery strings, remove battery strapping and power cables from battery strings and remove the 2nd set of battery stands. Remove and replace the 2nd set of 2 battery strings with new battery stands and battery strings. Connect the new battery straps and hardware as required. Label and tag all equipment as required. Turn over battery reports. Dispose of old batteries and hardware.
Section E - Inspection and Acceptance
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 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| 25-AUG-2016 |
| 1 |
| NAVAL AIR WARFARE CENTER (PAX)--- |
RECEIVING OFFICER
SUPPLY DEPARTMENT BLDG.665
SUITE 100
47179 VAUGHN RD
PATUXENT RIVER MD 20670-1614
301-342-0543
N00421
| 0002 |
| 25-AUG-2016 |
| 1 |
| (SAME AS PREVIOUS LOCATION) |
N00421
| 0003 |
| 25-AUG-2016 |
| 1 |
| (SAME AS PREVIOUS LOCATION) |
N00421
| 0004 |
| 25-AUG-2016 |
| 1 |
| (SAME AS PREVIOUS LOCATION) |
N00421
CLAUSES INCORPORATED BY REFERENCE
| 52.247-32 |
| F.O.B. Origin, Freight Prepaid |
| FEB 2006 |
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
| 252.232-7003 | ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) | |
| (a) Definitions. As used in this clause-- | ||
| (1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. | ||
| (2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. | ||
| (3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. | ||
| (4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report. | ||
| (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ . | ||
| (c) The Contractor may submit a payment request and receiving report using other than WAWF only when-- | ||
| (1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; | ||
| (2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System); | ||
| (3) DoD makes payment for rendered health care services using TRICARE Encounter Data System (TEDS) as the electronic format; or | ||
| (4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required. | ||
| (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. | ||
| (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. |
| 252.232-7006 | WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) | ||||
| (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. | |||||
| (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: | |||||
| (1) Document type. The Contractor shall use the following document type(s). | |||||
| _______________________COMBO______________________________________________ | |||||
| (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) | |||||
| (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. | |||||
| ________________________SEE SECTION E_____________________________________ | |||||
| (Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") | |||||
| (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: | _______N64142 ___________ | ||||
| Issue By DoDAAC: | _______N00421 ___________ | ||||
| Admin DoDAAC: | _______N00421 ___________ | ||||
| Inspect By DoDAAC: | _______N00421 ___________ | ||||
| Ship To Code: | _______N00421 ___________ | ||||
| Ship From Code: | ________N/A______________ | ||||
| Mark For Code: | ________ N/A _____________ | ||||
| Service Approver (DoDAAC): | ________ N/A _____________ | ||||
| Service Acceptor (DoDAAC): | ________ N/A _____________ | ||||
| Accept at Other DoDAAC: | _______ N/A _____________ | ||||
| LPO DoDAAC: | _______ N/A _____________ | ||||
| DCAA Auditor DoDAAC: | _______ N/A ______________ | ||||
| (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") | |||||
| (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. | |||||
| (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. |
__________________ @NAVY.MIL______________________________________
(Contracting Officer: Insert applicable email addresses or "Not applicable.")
| (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6 | |
| (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. |
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
CLAUSES INCORPORATED BY FULL TEXT
| 52.204-13 | SYSTEM FOR AWARD MANAGEMENT MAINTENANCE(JUL 2013) | |||
| (a) Definitions. As used in this clause-- | ||||
| “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors. | ||||
| “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. | ||||
| “Registered in the System for Award Management database” means that-- | ||||
| (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14(, into the SAM database; | ||||
| (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; | ||||
| (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process: and | ||||
| (4) The Government has marked the record “Active”. | ||||
| “System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-- | ||||
| (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; | ||||
| (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and | ||||
| (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. | ||||
| (b)The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. | ||||
| (c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-- | ||||
| (A) Change the name in the SAM database; | ||||
| (B) Comply with the requirements of subpart 42.12 of the FAR; and | ||||
| (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. | ||||
| (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract. | ||||
| (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “ Suspension of Payment ” paragraph of the EFT clause of this contract. | ||||
| (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted-- | ||||
| (i) Via the Internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or | ||||
| (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. | ||||
| (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov . |
| 52.212-5 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG 2013) | |
| (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 items: | ||
| (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). |
Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
| (2) 52.233-3, Protest after Award (Aug 1996)(31 U.S.C. 3553). | |
| (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub.L. 108-77, 108-78). | |
| (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 items: |
[Contracting Officer shall check as appropriate.]
| [___] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). | |
| [___] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). | |
| [___] (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). | |
| [___] (5) 52.204-11, American Recovery and Reinvestment Act - Reporting Requirements (Mar 2009)(Pub. L. 111-5) | |
| [___] (6 ) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). | |
| [___] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012)(41 U.S.C. 2313). | |
| [___] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)(section 738 of Division C of Public Law 112-74, section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Pub.L. 110-161). | |
| [___] (9) 52.219-3, Notice of Total HUBZone Set-Aside (Nov 2011)(15 U.S.C. 657a). | |
| [___] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). | |
| [___] (11) Reserved | |
| [___] (12)(i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). | |
| [___] (ii) Alternate I (Nov 2011) of 52.219-6. | |
| [___] (iii) Alternate II (Nov 2011) of 52.219-6. | |
| [___] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003)(15 U.S.C. 644). | |
| [___] (ii) Alternate I (Oct 1995) of 52.219-7. | |
| [___] (iii) Alternate II (Mar 2004) of 52.219-7. | |
| [___] (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). | |
| [___] (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). | |
| [___] (ii) Alternate I (Oct 2001) of 52.219-9. | |
| [___] (iii) Alternate II (Oct 2001) of 52.219-9. | |
| [___] (iv) Alternate III (Jul 2010) of 52.219-9. | |
| [___] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).) | |
| [___] (17) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)). | |
| [___] (18) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). | |
| [___] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). | |
| [___] (ii) Alternate I (Jun 2003) of 52.219-23. | |
| [___] (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). | |
| [___] (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). | |
| [___] (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657f). | |
| [___] (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). | |
| [___] (24) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012). | |
| [___] (25) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012). | |
| [_X_] (26) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755). | |
| [_X_] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). | |
| [_X_] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). | |
| [_X_] (29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). | |
| [_X_] (30) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212). | |
| [_X_] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793). | |
| [_X_] (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). | |
| [___] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). | |
| [___] (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) | |
| [___] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (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.) | |
| [___] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) | |
| [___] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). | |
| [___] (ii) Alternate I (Dec 2007) of 52.223-16. | |
| [_X_] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) | |
| [_X_] (39) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d). | |
| [___] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (Mar 2012) of 52.225-3. | |
| [___] (iii) Alternate II (Mar 2012) of 52.225-3. | |
| [___] (iii) Alternate III (Nov 2012) of 52.225-3. | |
| [___] (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). | |
| [_X_] (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). | |
| [___] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). | |
| [___] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). | |
| [___] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). | |
| [___] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). | |
| [_X_] (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)(31 U.S.C. 3332). | |
| [___] (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). | |
| [___] (49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332). | |
| [___] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). | |
| [___] (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)( 46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). | |
| [___] (ii) Alternate I (Apr 2003) 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 items: |
[Contracting Officer check as appropriate.]
| [___] (1) 52.222-41, Service Contract Act of 1965, (Nov 2007)(41 U.S.C. 351, et seq.). | ||
| [___] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). | ||
| [___] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). | ||
| [___] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). | ||
| [___] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Mar 2009)(41 U.S.C. 351, et seq.). | ||
| [___] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). | ||
| [___] (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). | ||
| [___] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). | ||
| [___] (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)). | ||
| (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, 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 paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause | ||
| (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). | ||
| (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010)(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 $650,000 ($1,500,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. | ||
| (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. | ||
| (iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). | ||
| (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212). | ||
| (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793). | ||
| (vii) 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. | ||
| (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) | ||
| (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. | ||
| Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). | ||
| (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) | ||
| (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351, et seq.). | ||
| (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). | ||
| (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. | ||
| (xiv ) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations. |
| 52.223-3 | HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997) | |||
| (a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). | ||||
| (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract. | ||||
| Material | Identification No. | |||
| (If none, insert "None") | ||||
| UPS Back-up Battery | E2346024CE02 AT-23P (3 each) | |||
| UPS Back-up Battery | E1946024CE02 AT-19P (1 each) |
| (c) This list must be updated during performance of the contract whenever the contractor determines that any other material to be delivered under this contract is hazardous. | ||
| (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. | ||
| (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. | ||
| (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of the Government, Contractor, or subcontractor personnel or property. | ||
| (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. | ||
| (h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows: | ||
| (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to- | ||
| (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; | ||
| (ii) Obtain medical treatment for those affected by the material; and | ||
| (iii) Have others use, duplicate, and disclose the data for the Government in these purposes. | ||
| (2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(l) of this clause, in precedence over any other clause of this contract providing for rights in data. | ||
| (3) The Government is not precluded from using similar or identical data acquired from other sources. |
| 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.acquisition.gov/far/ or http://farsite.hill.af.mil. |
| 252.204-7000 | DISCLOSURE OF INFORMATION (AUG 2013) | |
| (a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless-- | ||
| (1) The Contracting Officer has given prior written approval; | ||
| (2) The information is otherwise in the public domain before the date of release; or | ||
| (3) The information results from or arises during the performance of a project that has been scoped and negotiated by the contracting activity with the Contractor and research performer and determined in writing by the Contracting Officer to be fundamental research in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4). | ||
| (b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10 business days before the proposed date for release. | ||
| (c) The Contractor agrees to include a similar requirement, including this paragraph(c), in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer. |
| 252.204-7012 | SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2016-O0001)(OCT 2015) | |||
| (a) Definitions. As used in this clause -- | ||||
| "Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. | ||||
| "Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. | ||||
| "Contractor attributional/proprietary information" means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. | ||||
| "Contractor information system" means an information system belonging to, or operated by or for, the Contractor. | ||||
| "Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. | ||||
| "Covered contractor information system" means an information system that is owned, operated by or for, a contractor and that processes, stores, or transmits covered defense information. | ||||
| "Covered defense information" means unclassified information that -- | ||||
| (i) Is -- | ||||
| (A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or | ||||
| (B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and | ||||
| (ii) Falls in any of the following categories: | ||||
| (A) Controlled technical information. | ||||
| (B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process). | ||||
| (C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information. | ||||
| (D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information). | ||||
| "Cyber incident" means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein. | ||||
| "Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. | ||||
| "Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. | ||||
| "Media" means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system. | ||||
| "Operationally critical support" means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. | ||||
| "Rapid(ly) report(ing)" means within 72 hours of discovery of any cyber incident. | ||||
| "Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data - Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering date, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. | ||||
| (b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall - | ||||
| (1) Implement information systems security protections on all covered contractor information systems including, as a minimum -- | ||||
| (i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government - | ||||
| (A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and | ||||
| (B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or | ||||
| (ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause -- | ||||
| (A) The security requirements in 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 is in effect at the time of the solicitation is issued or as authorized by the Contracting Officer with the exception of the derived security requirement 3.5.3 "Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts", which will be required not later than 9 months after award of the contract, if provision 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Deviation 2016-O0001)(OCT 2015); or | ||||
| (B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD Chief Information Officer (CIO) prior to contract award; and | ||||
| (2) Apply other information systems security measures when the Contractor reasonably determines that information system security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability. | ||||
| (c) Cyber incident reporting requirement. | ||||
| (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall -- | ||||
| (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and | ||||
| (ii) Rapidly report cyber incidents to DoD at http://didnet.dod.mil. | ||||
| (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://didnet.dod.mil. | ||||
| (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. | ||||
| (d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer. |
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