C2.1 Combined_Synopsis_Solicitation_KVM_Mount Amend 0004.docx

RFQ No. N66001-26-Q-6264 Issue Date: 17SEP2026

COMBINED SYNOPSIS/SOLICITATION TEMPLATE FOR COMMERCIAL ITEMS

AMENDMENT 0004

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This enclosure is an addendum to FAR provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, which applies to this acquisition.

Competitive quotes are being requested under Request for Quote (RFQ) Number N66001-26-Q-6264. The North American Industry Classification System (NAICS) code applicable to this acquisition is 332710, Machine Shops, and the small business size standard is 500 employees. The Product Service Code (PSC) is 5340. This procurement is a 100% Small Business Set-Aside. Only quotes submitted by Small Business Concerns will be accepted by the Government. Any quote that is submitted by a non-Small Business Concern will not be considered for award.

DESCRIPTION OF REQUIREMENTS

The Government is seeking to acquire the fabrication of custom Modular KVM Mount Brackets. To be considered acceptable and eligible for award, quotes must provide all of the items and quantities listed below. The Government will not consider quotes or offers for partial items or quantities. Anticipated contract line items are as follows:

*The KVM mount is going to be a mount that clamps to the back of desks and hangs vertically. It will have either a 4port or 8port modular KVM and power strip mounted to it. Overall, the mount and fasteners should be able to support at least 15-20lbs. Since the mounts are going to be used in an office environment the fasteners should not have a pointed end, they should be flat. The fasteners protrusion limits, we would prefer that they were flush with the mount but an 1/8 inch protrusion from the back side of the mount is acceptable. Vendor/fabricator may select the thread diameter and pitch count for all hardware since they will be provided the fasteners required for the mount.

Each KVM should contain two L-brackets (one knurled screw clamp per bracket), two KVM support brackets (one of the smaller – fits 4port KVM, and one of the larger – fits 8port KVM). Both of the KVM support brackets won’t be mounted at the same time; it will be one or the other that will be used The Government is seeking Free on Board (FOB) Destination pricing to the following shipping address:

Receiving Officer 2525 Aviation Way Colorado Springs, CO 80916

OFFEROR INSTRUCTIONS

The Government intends to award a Firm-Fixed-Price (FFP) contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation represents the most advantageous offer to the Government as defined in the “EVALUATION FACTORS FOR AWARD” Section below. A complete quote is necessary to be adequately considered for award. Respond to each item listed below, if the response is “None” or “Not applicable,” explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following:

1. General Information: Offeror Business Name, Address, CAGE and Unique Entity ID (ensure Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contact (to include telephone and e-mail address).

2. Technical Documentation (Capability Statement): The quote must address and meet the requirements/specifications as defined under Technical Factor I below. Offerors shall submit a capability statement, not to exceed one (1) page. The statement should detail the offeror’s ability to meet the fabrication requirements outlined in the Specifications (Attachment 01), technical drawing (Attachment 02), CAD files (Attachment 03), & Drawings with amplifying Information (Attachment 05). It should address experience with similar precision metal fabrication, material sourcing, and quality assurance processes.

First Article Test: The awarded contractor will be required to produce one (1) initial unit (First Article) for Government inspection and approval prior to the production of the remaining 799 units. See FAR clause 52.209-4 (below) regarding first article initial unit details.

3. Price Quote: Submit complete pricing for each individual item listed in the “DESCRIPTION OF REQUIREMENTS” section above to include the unit of issue, the extended price for each line item and a total price in US Dollars ($). Note: Ensure FOB Destination shipping costs are included in the pricing.

4. Proposed Lead Time: Provide a proposed lead time in terms of days After Receipt of Order (ARO) for the delivery of all 800 units. This includes the time required for the First Test Article and approval of the test article. The Government desires no later than 60 days ARO, for all items inclusive of First Test Article if feasible. See FAR clause 52.209-4 (below) regarding first article initial unit details.

5. Commercial Warranty: If available, provide the terms and length of the Workmanship and/or Manufacturer Warranty on the product(s) and/or services proposed included in the proposed purchase price.

EVALUATION FACTORS FOR AWARD

Basis for Award:

The Government intends to award a contract to the responsive, responsible vendor, whose quote conforming to the RFQ is most advantageous to the Government, price and other factors considered. The factors below, inclusive of supplier risk will be used to evaluate quotes. The vendor must be registered in the System for Award Management (SAM). The Government reserves the right to award no contract at all, depending on the quality of quotes submitted and availability of funds. To ensure that quotes can be evaluated in an efficient and minimally burdensome fashion, the Government may limit the evaluation of non-price factors to those quoters who are most likely to receive an award based on price. Upon evaluation of quotes, the Government may conduct oral or written interchanges with one or more quoters that the Government determines are most likely to provide the best value based on the factors above, despite any negative findings that may exist with that/those quote(s).

Factor I – Technical Capability: The Government will evaluate the offeror's one-page capability statement for described experience with similar precision metal fabrication, material sourcing, and quality assurance processes outlined in the Specifications (Attachment 01), Technical Drawings (Attachment 02), CAD files (Attachment 03), & Drawings with amplifying Information (Attachment 05). If you are proposing a substitute or alternate aluminum alloy (e.g., switching between 6061-T6 and 5052-H32) or changing manufacturing processes to accommodate domestic/qualifying material, submit updated Technical Documentation demonstrating that the proposed metal meets all engineering and drawing requirements (or re-confirm your existing submitted information). Price quotes are not included in the one-page limitation.

Factor II – Price: The Government will evaluate the total price to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The total firm-fixed-price shall include all applicable taxes, shipping, and handling costs to the shipping address listed above as outlined in paragraph 3 above.

Factor III – Lead Time: The Government will evaluate the proposed lead time for reasonableness and feasibility. A shorter lead time may be considered more advantageous.

Supplier Risk: The Government will consider supplier risk to assess the risk of unsuccessful performance and supply chain risk using the data in the Supplier Performance Risk System (SPRS) to include quality, delivery, and other contractor performance information.

DUE DATE AND SUBMISSION INFORMATION

Eligible Offerors: All offerors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means offerors shall have a registered CAGE and Unique Entity ID.

Formatting Requirements: Submit quotes in electronic PDF or Excel format; text shall be formatted on an 8 ½ by 11 inch page in 12-point Times New Roman font. Price quote is not included in the (1) page capability statement page limit.

Questions Due Date and Submission Requirements: All questions must be received before 05 August 2026, 1400, PST. Questions must be submitted via email to the Government RFQ Point of Contact listed below. Include RFQ# N66001-26-Q-6264 on all inquiries. Questions may be addressed at the discretion of the Government.

RFQ Due Date and Submission Requirements: This RFQ closes on 24 September 2026, 1400, PST. Quotes must be submitted via the Solicitation Module within the Procurement Integrated Enterprise Environment (PIEE) website at https://piee.eb.mil, under Notice ID N66001-26-Q-6264. E-mail quotes or offers will not be accepted and late quotes will not be accepted.

PIEE Assistance: For PIEE technical issues, see the Vendor Customer Support resources at https://cac.piee.eb.mil/xhtml/auth/web/homepage/vendorCustomerSupport.xhtml.

Government RFQ Point of Contact: The point of contact for this solicitation is Corbin Walters at corbin.c.walters.civ@us.navy.mil. Reference RFQ# N66001-26-Q-6264 on all email exchanges regarding this acquisition.

RFQ ATTACHMENTS

Attachment 01 - KVM_Mount Specifications.docx Attachment 02 - Brackets Drawings.pdf Attachment 03 - Brackets CAD files.zip Attachment 04 - Similar Mount Reference Photos.zip* Attachment 05 - Drawings with amplifying Information** Attachment 06 – Amendment Clarification and Guidance *Note: The mount in the photos is similar to the subject requirement but there are key differences such as overall size, spacing, and placement of the bolt patterns in reference to the overall mount. The photos are to only be used as a general visual aid and should not supersede the drawing specifications.

**See comments within PDF for amplifying guidance on threaded holes and additional specifications.

APPLICABLE PROVISIONS AND CLAUSES

This solicitation document incorporates provisions and clauses from the Revolutionary FAR Overhaul and the DFARS Revolutionary FAR Overhaul Class Deviations. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. These can be accessed in full text at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide and https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html.

1. Solicitation Provisions 52.204-7 (Feb 2026) System for Award Management (Class Deviation 2026-O0043) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services 52.240-90 Security Prohibitions and Exclusions Representations and Certifications 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7024 Notice on the use of the Supplier Performance Risk System 252.225-7055 Representation Regarding Business Operations with the Maduro Regime 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (Deviation 2021-O0003)

252.204-7016 Covered Defense Telecommunications Equipment Or Services—Representation

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) 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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it ☐ does, ☐ does not provide covered defense 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.

(End of provision) 252.204-7017 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services —Representation The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense 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.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it ☐ will ☐ will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision) 252.225-7000 BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC (FEB 2024)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the 252.225-7001, Buy American and Balance of Payments Program—Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program—Basic clause of this solicitation, the Offeror certifies that—

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(4) of this provision contains a critical component or a critical item; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. For those end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(2) The Offeror certifies that the following end products are qualifying country end products:

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(4) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component or a critical item(see Federal Acquisition Regulation 25.105).

Domestic end products containing a critical component or a critical item:

Line Item Number _________________________________________________ List as necessary (End of provision)

2. Contract Clauses 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-13 System for Award Management Maintenance 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services 52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post-Award Small Business Program Rerepresentation 52.222-3 Convict Labor.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-36 Equal Opportunity for Workers with Disabilities.

52.222-50 Combating Trafficking in Persons.

52.222-90 Addressing DEI Discrimination by Federal Contractors 52.223-23 Sustainable Products.

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.233-3 Protest after Award.

52.233-4 Applicable Law for Breach of Contract Claim 52.240-91 Security Prohibitions and Exclusions.

52.240-93 (Feb 2026) Basic Safeguarding of Covered Contractor Information Systems 52.244-6 Subcontracts for Commercial Products and Commercial Services.

52.247-34 F.O.B. Destination 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control of Government Personnel Work Product 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7022 Expediting Contract Closeout 252.211-7003 Item Unique Identification and Valuation 252.211-7008 Use of Government-Assigned Serial Numbers 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials 252.223-7008 Prohibition of Hexavalent Chromium 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7048 Export-Controlled Items 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area WorkFlow Payment Instructions 252.232-7010 Levies on Contract Payments 252.239-7018 Supply Chain Risk 252.240-7997 NIST SP 800-171 DoD Assessment Requirements 252.243-7001 Pricing of Contract Modifications 252.244-7999 Subcontracts for Commercial Products and Commercial Services (DEVIATION 2026-O0015) 252.247-7023 Transportation of Supplies by Sea. (Alternate I)

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC(FEB 2024)

(a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in section 2.101 of the Federal Acquisition Regulation (FAR));

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into an end product.

“Critical component” means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

“Critical item” means a domestic construction material or domestic end product that is deemed critical to the U.S. supply chain. The list of critical items is at FAR 25.105.

“Domestic end product” means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured end product mined or produced in the United States; or

(ii) An end product manufactured in the United States if—

(A) The cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029, unless an alternate percentage is established for a contract in accordance with FAR 25.101(d), or award is made before January 1, 2030, for a foreign end product that exceeds 55 percent domestic content (see Defense Federal Acquisition Regulation Supplement 225.103(b)(ii)). The cost of components includes transportation costs to the place of incorporation into the end product and U.S. duty (whether or not a duty-free entry certificate is issued). Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic. A component is considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that—

(1) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States; or

(2) It is inconsistent with the public interest to apply the restrictions of the Buy American statute; or

(B) The end product is a COTS item.

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of iron and steel not produced in the United States or a qualifying country constitutes less than 5 percent of the cost of all the components used in the end product (produced in the United States or a qualifying country means that all manufacturing processes of the iron or steel must take place in the United States or a qualifying country, except metallurgical processes involving refinement of steel additives). The cost of iron and steel not produced in the United States or a qualifying country includes but is not limited to the cost of iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings, not produced in the United States or a qualifying country, utilized in the manufacture of the end product and a good faith estimate of the cost of all iron or steel components not produced in the United States or a qualifying country, excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the explanation of cost of components in paragraph (1)(ii)(A) of this definition.

“End product” means those articles, materials, and supplies to be acquired under this contract for public use.

“Foreign end product” means an end product other than a domestic end product.

“Predominantly of iron or steel or a combination of both” means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

“Qualifying country” means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

Australia Austria Belgium Canada Czech Republic Denmark Egypt Estonia Finland France Germany Greece Israel Italy Japan Latvia Lithuania Luxembourg Netherlands Norway Poland Portugal Slovenia Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland.

“Qualifying country component” means a component mined, produced, or manufactured in a qualifying country.

“Qualifying country end product” means—

(1) An unmanufactured end product mined or produced in a qualifying country; or

(2) An end product manufactured in a qualifying country if —

(i) The cost of the following types of components exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029, unless an alternate percentage is established for a contract:

(A) Components mined, produced, or manufactured in a qualifying country.

(B) Components mined, produced, or manufactured in the United States.

(C) Components of foreign origin of a class or kind for which the Government has determined that sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States. Components of unknown origin are treated as foreign; or

(ii) The end product is a COTS item.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“Steel” means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

(b) This clause implements 41 U.S.C. chapter 83, Buy American. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (see FAR 12.505(a)(1)). Unless otherwise specified, this clause applies to all line items in the contract.

(c) The Contractor shall deliver only domestic end products unless, in its offer, it specified delivery of other end products in the Buy American—Balance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product, the Contractor shall deliver a qualifying country end product or, at the Contractor’s option, a domestic end product.

(d) The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry.

(End of clause)

FAR 52.209-4 FIRST ARTICLE APPROVAL—GOVERNMENT TESTING

(a) The Contractor shall deliver one (1) unit of Line Item 0001 (Modular KVM Mount Bracket) within 15 calendar days from the date of this contract to the Government at 2525 Aviation Way, Colorado Springs, CO 80916 for first article approval testing. The first article unit shall be fabricated using the same production processes, tooling, and materials that will be utilized for the full production run of the remaining 799 units.

(b) The Government shall test the first article in accordance with the specifications, tolerances, and requirements outlined in the Specifications (Attachment 01) and Technical Specification Drawing (Attachment 02). The Government shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article within 3 calendar days after receiving the first article from the Contractor.

Approval: Shall constitute authority to proceed with the remaining production run of 799 units, but shall not be deemed a waiver of the Government’s right to require full compliance with all contract terms.

Conditional Approval: The Government's notice shall state the specific modifications required to bring the first article into compliance. The Contractor shall immediately correct the deficiencies and, if required by the Government, submit a subsequent unit for testing.

Disapproval: The Government's notice shall state the specific reasons for disapproval. Upon notice of disapproval, the Contractor shall, at the Government's option, either submit an additional first article for testing or correct the specified deficiencies. All cost of additional testing and subsequent first article submissions shall be borne by the Contractor.

(c) If the Contractor fails to deliver the first article within the time specified in paragraph (a) of this clause, or if the Contracting Officer disapproves the first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(d) Unless otherwise provided in the contract, and if the first article is approved and meets all technical specifications, it will be considered as one of the deliverable production units under the contract, reducing the remaining delivery balance to 799 units.

(e) During the period of first article testing and prior to written approval of the first article, the Contractor may, with the prior written authorization of the Contracting Officer, acquire materials or components or start production for the balance of the contract. However, any costs incurred for these activities prior to first article approval are at the Contractor's sole risk.

(f) The Government's cost for subsequent testing of disapproved first articles or subsequent first articles submitted due to failure of the first submission shall be assessed at a rate of $150.00 per hour of technical evaluation.

(End of clause)

LIMITED RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION

(a) Definition.

“Confidential Business Information,” (information) as used in this text, is defined as all forms and types of financial, business, economic or other types of information other than technical data or computer software/computer software documentation, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if -- (1) the owner thereof has taken reasonable measures to keep and protect such information, and (2) the information derives independent economic value, actual or potential from not being generally known to, and not being readily ascertainable through proper means by, the public. Information does not include technical data, as that term is defined in DFARS 252.227-7013(a)(14), 252.227-7015(a)(4), and 252.227-7018(a)(19). Similarly, information does not include computer software/computer software documentation, as those terms are defined in DFARS 252.227-7014(a)(4) and 252.227-7018(a)(4).

(b) The Naval Information Warfare Systems Command (NAVWAR) may release to individuals employed by NAVWAR support contractors and their subcontractors. Information submitted by the contractor or its subcontractors pursuant to the provisions of this contract. Information that would ordinarily be entitled to confidential treatment may be included in the information released to these individuals. Accordingly, by submission of a proposal or execution of this contract, the offeror or contractor and its subcontractors consent to a limited release of its information, but only for purposes as described in paragraph (c) of this text.

(c) Circumstances where NAVWAR may release the contractor’s or subcontractors’ information include the following:

(1) To other NAVWAR contractors and subcontractors, and their employees tasked with assisting NAVWAR in handling and processing information and documents in the administration of NAVWAR contracts, such as file room management and contract closeout; and,

(2) To NAVWAR contractors and subcontractors, and their employees tasked with assisting NAVWAR in accounting support services, including access to cost-reimbursement vouchers.

(d) NAVWAR recognizes its obligation to protect the contractor and its subcontractors from competitive harm that could result from the release of such information. NAVWAR will permit the limited release of information under paragraphs (c)(1) and (c)(2) only under the following conditions:

(1) NAVWAR determines that access is required by other NAVWAR contractors and their subcontractors to perform the tasks described in paragraphs (c)(1) and (c)(2);

(2) Access to information is restricted to individuals with a bona fide need to possess;

(3) Contractors and their subcontractors having access to information have agreed under their contract or a separate corporate non-disclosure agreement to provide the same level of protection to the information that would be provided by NAVWAR employees. Such contract terms or separate corporate non-disclosure agreement shall require the contractors and subcontractors to train their employees on how to properly handle the information to which they will have access, and to have their employees sign company non-disclosure agreements certifying that they understand the sensitive nature of the information and that unauthorized use of the information could expose their company to significant liability. Copies of such employee non-disclosure agreements shall be provided to the Government; and

(4) NAVWAR contractors and their subcontractors performing the tasks described in paragraphs (c)(1) or (c)(2) have agreed under their contract or a separate non-disclosure agreement to not use the information for any purpose other than performing the tasks described in paragraphs (c)(1) and (c)(2).

(e) NAVWAR’s responsibilities under the Freedom of Information Act are not affected by this text.

(f) The contractor agrees to include, and require inclusion of, this text in all subcontracts at any tier that requires the furnishing of information.

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