N6809419R6009_ALPHAMAX_OPERATING_TABLE_MAINTENANCE.pdf

PDF 594 KB Posted Feb 28, 2019

Attached to: ALPHAMAXX PREVENTATIVE MAINTENANCE Federal contract opportunity
Solicitation number: N6809419R6009
Issued by: Department of the Navy Bureau of Medicine and Surgery

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NOTICE OF INTENT-PLEASE PROVIDE PRICING ON LINES PROVIDED IN SOLICITATION AND EMAIL TO KENNETH.D.HARMON.CIV@MAIL.MIL PRIOR TO SOLICITATION CLOSING DATE AND TIME.

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Combined Synopsis/Solicitation

Notice of Intent to Sole Source

Solicitation Number: N6809418R6009

Purchase Description: ALPHAMAXX OPERATING TABLE SERVICE MAINTENANCE

This is a Notice of Intent to Sole Source for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation/notice, though responses & vendor capability statements will be accepted, a further written solicitation will not be issued. This notice/announcement provides the Government’s intent to award without competition.

The Navy Hospital Camp Pendleton (NHCP), Material Management Department, Contracting Division is issuing this combined synopsis/solicitation, N6809419R6009, as a Notice of Intent to Sole Source IAW FAR Part 5, Publicizing Contract Actions; FAR Part 12, Acquisition of Commercial Items; & FAR

Part 13, Simplified Acquisition Procedures. The North American Industrial Classification System (NAICS) code for this procurement is “811219”, with a small business standard of 20.5 million dollars.

The Government intends to award a Commercial Firm Fixed-Price Sole Source Award to contractor “GETINGE USA SALES LLC” The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2019-1 effective 1-22-2019 and Defense

Federal Acquisition Regulation Supplement DPN 02/15/19. The Sole Source Justification is attached.

Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment shall be in accordance with the OEM terms and conditions.

The units shall be compliant with the Food and Drug Administration (FDA) requirements to market and deliver medical products for use in the United

States of America, even should delivery be requested outside of the United States. The claims made for the product shall comply with the regulations of the

FDA, with respect to products for marketing and delivery of a medical product for use in the United States of America, even should delivery be requested outside of the United States. The unit shall be installed in compliance with Occupational Safety and Health Administration (OSHA) regulations/requirements.

PERIOD OF PERFORMANCE: 1 April 2019 – 30 Sept 2019 WITH 3 OPTION YEARS

PLACE OF DELIVERY AND/OR SERVICE:

NAVAL HOSPITAL CAMP PENDLETON

MAIN OPERATING ROOM

200 MERCY DR

CAMP PENDLETON CA 92055

Contractors may submit a capability statement, proposal, or quotation which shall be considered by the contracting officer to determine whether to continue with the sole source procurement or to provide competition. Such responses MUST be received no later than MARCH 14, 2019; 10:00 AM (Pacific Daylight

Time). Forward responses by e-mail to KENNETH.D.HARMON.CIV@MAIL.MIL. Due to technical issues, please allow additional time if you’re using electronic means. Responses received after the date/time posted will be considered non-responsive unless an exception applies.

For equipment repair/maintenance solicitations/procurements only authorized distributors, and/or service providers of the manufacturer will be accepted.

Manufacturer certifications/confirmations must be provided upon request of the Contracting Office.

Offerors must ensure that their company is registered with System for Award Management (SAM) prior to award. For information refer to (may have to copy/paste): https://www.sam.gov.

Upon receipt of vendor responses the contracting officer may determine to solicit providing competition for the Government the requirement for which a separate solicitation would be posted to the Federal Business Opportunities (FBO) web-site. The standard solicitation would be posted as a “Total 100%

Small Business Set-Aside”, unless an exception applies, for a period of 15 calendar days or less, using the evaluation criteria below.

APPLICABLE FAR CLAUSES:

(1) FAR 52.212-1 (Instructions to Offerors – Commercial Items) (Oct 2018)

(2) FAR 52.212-2: Evaluation - Commercial Items (Oct 2014): The evaluation procedures of FAR 12.602, Streamlined Evaluation of Offers, will be used to select the awardee/offer that represents the most advantageous offer to the Government based on the following evaluation factors:

Note: All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The Contracting

Officer may, at their discretion, request clarifications, however, IAW FAR 13.106-2(b)(3) there will not be a formal evaluation plan or competitive range established, award will be made without discussions, and offers will not be formally scored.

(a) Technical Capability: Meets Brand Name Government requirement, specifications, and product salient “must have” features as identified within each CLIN and/or Statement of Work (if applicable). For supplies and equipment the Government will consider offers/quotes only from “authorized resellers, distributors, & service providers” of the manufacturer.

(b) Price: No additional information from the offeror will be required if the price is based on adequate price competition. In the event adequate price competition does not exist, the contracting officer will obtain information from the offeror to the extent required to determine the reasonableness of the offered prices.

(c) Past Performance: Will be evaluated as Acceptable or Unacceptable based on the contracting officer’s knowledge of and previous experience with the supply or service being acquired, the Past Performance Information Retrieval System (PPIRS), and any other reasonable basis. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance.

Past Performance Evaluation Ratings

Rating Description https://www.sam.gov/

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable

Based on the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

SEE ADDENDUM

(No Collect Calls)

N6809419R6009 28-Feb-2019

b. TELEPHONE NUMBER

760-725-6343

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 14 Mar 2019

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.

N680949. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KENNETH D. HARMON

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

N6809419RC30326

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 HOSPITAL CAMP PENDLETON

MATERIAL MGMT DEPT CODE 06B

NAVAL HOSPITAL, BOX 555191

CAMP PENDLETON CA 92055-5191

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N68094 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL HOSPITAL CAMP PENDLETON

CORINA ESPINOMERCADO

MAIN OPERATING ROOM

BLDG. H-200

CAMP PENDLETON CA 92055

TEL: 760-719-3916 FAX:

(760) 725-1485FAX:

TEL: (760) 725-1425 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$20,500,000

NAICS:

811219

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 OF59

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.

N6809419R6009

Section SF 1449 - CONTINUATION SHEET

BUYER INFORMATION

PURCHASING AGENT

Purchasing Agent: Kenneth Harmon Tel: (760) 763-6343 E-mail: Kenneth.D.Harmon.civ@mail.mil

The lowest priced offer will be determined by the aggregate contractor price for a quantity of one (1) QTR for SUBCLIN’s 0001AA – 0001AH and CLIN 0002 total price. The same break down for all options.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PREVENTATIVE MAINTENANCE

FFP

PREVENTATIVE MAINTENANCE

Preventative Maintenance on Govt-owned medical equipment to include all parts, labor, transportation, preventative maintenance and unlimited corrective maintenance calls for the Maquet Alphamaxx 1133.22F5 located at Naval Hospital Camp Pendleton Main Operating Room Department – Bldg H200, Camp Pendleton, CA for the period of 01Apr 2019 through 30 Sep 2019. (IAW the Statement of Work)

MILSTRIP: N6809419RC30326

PURCHASE REQUEST NUMBER: N6809419RC30326

ADDITIONAL MARKINGS: MOR 760-719-3916

NET AMT

0001AA 4 Quarter

(Time)

ALPHAMAXX OPERATING TABLE

FFP

MODEL NO. 1133.22F5

S/N: 80

ECN 119837

FOB: Destination

MILSTRIP: N6809419RC30326

PURCHASE REQUEST NUMBER: N6809419RC30326

PSC CD: J065

0001AB 4 Quarter

MODEL NO. 1133.22F5

S/N: 79

ECN 119836

PURCHASE REQUEST NUMBER: N6809419RC30326

0001AC 4 Quarter

MODEL NO. 1133.22F5

S/N: 78

ECN 119835

FOB: Destination

MILSTRIP: N6809419RC30326

PURCHASE REQUEST NUMBER: N6809419RC30326

0001AD 4 Quarter

MODEL NO. 1133.22F5

S/N: 77

ECN 119834

PURCHASE REQUEST NUMBER: N6809419RC30326

0001AE 4 Quarter

MATERIAL NO. 1133.22F5

S/N: 76

ECN 119833

FOB: Destination

MILSTRIP: N6809419RC30326

PURCHASE REQUEST NUMBER: N6809419RC30326

0001AF 4 Quarter

MODEL NO. 1133.22F5

S/N: 75

ECN 119832

PURCHASE REQUEST NUMBER: N6809419RC30326

0001AG 4 Quarter

MODEL NO. 1133.22F5

S/N: 74

ECN 119831

PURCHASE REQUEST NUMBER: N6809419RC30326

0001AH 4 Quarter

MODEL NO. 1133.22F5

S/N: 73

ECN 119830

PURCHASE REQUEST NUMBER: N6809419RC30326

0002 1 Each

CORRECTIVE MAINTENANCE ALPHAMAXX TABLES

FFP

The contractor shall furnish all labor, tools, supervision, material, parts, equipment, inclusive of all personnel transportation and travel expenses necessary to complete on site corrective maintenance/repair for Alphamaxx 1133.22 F5 equipment. This will be a Not To Exceed (NTE) CLIN as actual labor/parts costs are unknown.

Travel costs will be reviewed and approved in accordance with and not to exceed the maximum thresholds of the Joint Federal Travel Regulations (JFTR) per FAR 31.205-46 (Travel Costs) and lodging receipts are subject to review and approval by the Government prior to invoice submission and approval. Travel cost will only be approved for actual cost incurred.

OPTION PREVENTATIVE MAINTENANCE

FFP

PREVENTATIVE MAINTENANCE

Preventative Maintenance on Govt-owned medical equipment to include all parts, labor, transportation, preventative maintenance and unlimited corrective maintenance calls for the Maquet Alphamaxx located at Naval Hospital Camp Pendleton Main Operating Room Department – Bldg H200, Camp Pendleton, CA for the period of 01Oct2019 through 30Sep2020 (IAW the Statement of Work)

1001AA 4 Quarter

OPTION ALPHAMAXX OPERATING TABLE

MODEL NO. 1133.22F5

1001AB 4 Quarter

MODEL NO. 1133.22F5

1001AC 4 Quarter

MODEL NO. 1133.22F5

S/N: 78

ECN 119835

FOB: Destination

1001AD 4 Quarter

MODEL NO. 1133.22F5

1001AE 4 Quarter

MATERIAL NO. 1133.22F5

S/N: 76

ECN 119833

FOB: Destination

1001AF 4 Quarter

MODEL NO. 1133.22F5

1001AG 4 Quarter

MODEL NO. 1133.22F5

1001AH 4 Quarter

MODEL NO. 1133.22F5

1002 1 Each

OPTION CORRECTIVE MAINTENANCE ALPHAMAXX TABLES

FFP

OPTION PREVENTATIVE MAINTENANCE

FFP

PREVENTATIVE MAINTENANCE

Preventative Maintenance contract on Govt-owned medical equipment to include all parts, labor, transportation, preventative maintenance and unlimited corrective maintenance calls for the Maquet Alphamaxx located at Naval Hospital Camp Pendleton Main Operating Room Department – Bldg H200, Camp Pendleton, CA for the period of 01Oct2020 through 30SEP2021 (IAW the Statement of Work)

2001AA 4 Quarter

MODEL NO. 1133.22F5

2001AB 4 Quarter

MODEL NO. 1133.22F5

2001AC 4 Quarter

MODEL NO. 1133.22F5

S/N: 78

ECN 119835

FOB: Destination

2001AD 4 Quarter

MODEL NO. 1133.22F5

2001AE 4 Quarter

MATERIAL NO. 1133.22F5

S/N: 76

ECN 119833

FOB: Destination

2001AF 4 Quarter

MODEL NO. 1133.22F5

2001AG 4 Quarter

MODEL NO. 1133.22F5

2001AH 4 Quarter

MODEL NO. 1133.22F5

2002 1 Each

OPTION CORRECTIVE MAINTENANCE ALPHAMAXX TABLES

FFP

OPTION PREVENTATIVE MAINTENANCE

FFP

PREVENTATIVE MAINTENANCE

3001AA 4 Quarter

MODEL NO. 1133.22F5

3001AB 4 Quarter

MODEL NO. 1133.22F5

3001AC 4 Quarter

MODEL NO. 1133.22F5

S/N: 78

ECN 119835

FOB: Destination

3001AD 4 Quarter

MODEL NO. 1133.22F5

3001AE 4 Quarter

MATERIAL NO. 1133.22F5

S/N: 76

ECN 119833

FOB: Destination

3001AF 4 Quarter

MODEL NO. 1133.22F5

3001AG 4 Quarter

MODEL NO. 1133.22F5

3001AH 4 Quarter

MODEL NO. 1133.22F5

3002 1 Each

OPTION CORRECTIVE MAINTENANCE ALPHAMAXX TABLES

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 0001AE Destination Government Destination Government 0001AF Destination Government Destination Government 0001AG Destination Government Destination Government 0001AH Destination Government Destination Government 0002 N/A N/A N/A Government 1001 N/A N/A N/A N/A 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 1001AC Destination Government Destination Government 1001AD Destination Government Destination Government 1001AE Destination Government Destination Government 1001AF Destination Government Destination Government 1001AG Destination Government Destination Government 1001AH Destination Government Destination Government 1002 N/A N/A N/A Government 2001 N/A N/A N/A N/A

2001AA Destination Government Destination Government 2001AB Destination Government Destination Government 2001AC Destination Government Destination Government 2001AD Destination Government Destination Government 2001AE Destination Government Destination Government 2001AF Destination Government Destination Government 2001AG Destination Government Destination Government 2001AH Destination Government Destination Government 2002 N/A N/A N/A Government 3001 N/A N/A N/A N/A 3001AA Destination Government Destination Government 3001AB Destination Government Destination Government 3001AC Destination Government Destination Government 3001AD Destination Government Destination Government 3001AE Destination Government Destination Government 3001AF Destination Government Destination Government 3001AG Destination Government Destination Government 3001AH Destination Government Destination Government 3002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0001AA POP 01-APR-2019 TO

30-SEP-2019

N/A NAVAL HOSPITAL CAMP PENDLETON

CORINA ESPINOMERCADO

MAIN OPERATING ROOM

BLDG. H-200

CAMP PENDLETON CA 92055

760-719-3916

N68094

0001AB POP 01-APR-2019 TO

30-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AD POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AE POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AF POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AG POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AH POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

0002 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 N/A N/A N/A N/A

1001AA POP 01-OCT-2019 TO

30-SEP-2020

N/A NAVAL HOSPITAL CAMP PENDLETON

CORINA ESPINOMERCADO

MAIN OPERATING ROOM

BLDG. H-200

CAMP PENDLETON CA 92055

760-719-3916

1001AB POP 01-OCT-2019 TO

30-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AD POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AE POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AF POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AG POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AH POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 N/A N/A N/A N/A

2001AA POP 01-OCT-2020 TO

30-SEP-2021

N/A NAVAL HOSPITAL CAMP PENDLETON

CORINA ESPINOMERCADO

MAIN OPERATING ROOM

BLDG. H-200

CAMP PENDLETON CA 92055

760-719-3916

2001AB POP 01-OCT-2020 TO

30-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AD POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AE POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AF POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AG POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AH POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 N/A N/A N/A N/A

3001AA POP 01-OCT-2021 TO

30-SEP-2022

N/A NAVAL HOSPITAL CAMP PENDLETON

CORINA ESPINOMERCADO

MAIN OPERATING ROOM

BLDG. H-200

CAMP PENDLETON CA 92055

760-719-3916

3001AB POP 01-OCT-2021 TO

30-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

3001AC POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AD POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AE POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AF POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AG POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AH POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-OCT-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-50 Combating Trafficking in Persons JAN 2019 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2019)

(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, 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 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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.

52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

IN PERFORMNG THIS CONTRACT FOR CLIN0002 ONLY THE CONTRACTOR SHALL

NOT MAKE EXPENDITURES OR INCUR OBLIGATIONS EXCEEDING $XXX WITHOUT

A FORMAL BILATERAL MODIFICATION SIGNED BY BOTH PARTIES.

52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option to extend services unilaterally by written notice to the Contractor within 30 calendar days from the expiration of the base or exercised option year or agreement by both parties by bi‐lateral modification within 30 calendar days after the expiration of the base or exercised option year (the effective date shall be the first day of the expiration of the base or last exercised option year).

52.217‐9: OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice/unilateral modification to the Contractor within 30 calendar days from the expiration of the base or exercised option year; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days from the expiration of the base or exercised option year. The preliminary notice does not commit the Government to an extension. The term of the contract may also be extended by agreement by both parties through bi‐lateral modification of the contract within 30 calendar days after the expiration of the base or exercised option year (the exercised option period of performance shall not be modified for the late exercise of the option and the effective date shall be the first day of the expiration of the base or last exercised option year).

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (4) YEARS .

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 811219- assigned to contract number N6809419P6xxx.

(Contractor to sign and date and insert authorized signer's name and title).

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011)

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

Driving—

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009.

(1) Adopt and enforce policies that ban text messaging while driving--

(i) Company-owned or -rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as--

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.

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