19Q0097_Commercial_Solicitation.docx

N6893619Q0097

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name: Adam Moran Phone: (760) 939- 0472

DSN: 437- 0472

FAX: (760) 939- 8144

Email address: adam.j.moran@navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

Name: Agapito Santana Phone: (760) 939- 2866

DSN: 437- 2866

FAX: (760) 939- 8144

Email address: agapito.santana@navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

Section B - Supplies or Services and Prices

HPC Linux Cluster Computers

FFP

The contractor shall provide two High Performance Computing (HPC) Linux Based Cluster Computers in accordance with Section C, Statement of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300729395-0001

NET AMT

Training Contractor Facility

The contractor shall provide training at the Contractor Facility in accordance with Section C, Statement of Work.

NET AMT

On-Site Installation and Training

The contractor shall provide on site installation and training in accordance with Section C, Statement of Work.

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

High Performance Computing Cluster Upgrade 20 December 2018

1.0 BACKGROUND

The Naval Air Warfare Center Weapons Division (NAWCWD), China Lake requires the purchase of a Linux-based high performance computing (HPC) cluster computer to execute numerical analyses performed by multiple programs in the support of various US Navy and DoD weapons programs.

1.1 SCOPE OF WORK

Modeling and simulation and numerical analyses constitute a significant portion of weapon system research and development efforts. Completing these simulations requires significant computational resources such as large amounts of memory and fast processor speed. Parallelization (the use of multiple processor cores by one simulation) is typically used to make problems tractable and to greatly reduce the time required to obtain results.

The existing system is over ten years in age, nearing end of useful manufacturer support, and experiencing increased maintenance costs to replace failing components. In order to maintain and expand the capability currently at NAWCWD for performing these numerical simulations, an upgraded Linux-based high performance computing cluster is required. This new cluster will utilize National Information Assurance Partnership (NIAP) appliances to include the latest advances in processor speed, networking speed, memory, and processing core count.

2.0 APPLICABLE DOCUMENTS

2.1 CLINGER COHEN ACT

2.1.1 The Contractor shall conduct analysis of program/project needs, acquisition strategy and program artifacts to identify and capture specific factors required to satisfy the 11 elements of Clinger-Cohen Act (CCA) compliance listed in DODI 5000.02, Enclosure 1, Table 9. Using Microsoft Word, the Contractor shall prepare a CCA compliance matrix following the organization and appearance of Table 11 with additional separate columns for the display of artifact: titles, date(s) of approval, page number(s), and paragraph or section number(s). The right-hand column shall include an embedded object permitting the reader to open unclassified artifacts. The column shall identify classified artifacts and shall describe approved classified channels for access of classified artifacts.

2.1.2 Updating approved CCA compliance packages: For updates of approved CCA compliance packages, the Contractor shall conduct analysis of program/project needs, acquisition strategy and program artifacts to identify and to determine if each of the Eleven (11) elements of CCA has changed and if no change has occurred a notation stating “no change” shall be entered in the CCA compliance matrix. If changes have been found, the Contractor shall update the CCA compliance matrix to reflect the changes. The Contractor shall support the program manager during CCA compliance review and assist in responding to reviewer comments if and when additional supporting information or revisions are required.

2.2 CYBER SECURITY

2.2.1 The Contractor shall conduct investigation and analysis of acquisition program artifacts such as but not limited to Initial Capabilities Document (ICD), Capability Description Document (CDD), Capability Production Document (CPD), Navy urgent operational need (UON) and Marine Corps urgent universal need statement (UUNS), joint urgent operational needs (JUONs), threat assessments and acquisition strategies (AS). Knowledge gained from this analysis shall be used when developing the Cybersecurity Strategy (CS) needed to steer and inform the program’s development of a System Security Plan (SSP) in accordance with DoDI 8510.01, of 12 March 2014

2.2.2 At a minimum, hardware, firmware, software, documentation (data deliverables) and/or Information Technology (IT) services delivered by this contract shall be in compliance with the following References:

The Contractor shall conduct investigation and perform analysis including; criticality analysis, threat assessment and vulnerability assessments. All findings and recommendations shall be reported to the government in technical reviews and submitted as written reports or documents as listed in Contract Data Requirements Lists. (CDRL A001) The Contractor shall support government efforts needed for Information systems (IS) (enclaves or major applications), Platform Information Technology (PIT) or PIT systems to successfully categorize the system, achieve favorable assessment for selection, implementation and testing of security controls and authorization (approval to operate) before use or interconnection in an operating environment in accordance with references (a), (b) and (c). This includes IT that is standalone and IT that is connected to other systems, networks or enclaves. Information systems (IS) (enclaves or major applications), planning proposed or performed under this contract shall be in compliance with reference (b) Enclosure 8, Figure 2 and all hardware, firmware and software deliverables shall be capable of receiving Authorization to Operate in accordance with reference (b).

Information technology services shall only be performed by personnel who are qualified and certified in accordance with reference (d). Personnel proposed and/or used in the performance of this contract as certified personnel shall be limited to those whose specifically assigned duties and responsibilities require certification.

All IT procured on behalf of this contract shall meet all DoD/DON and Naval Air Systems Command (NAVAIR) cybersecurity polices. These cybersecurity policies are standard across the Department and ensure cybersecurity compatibility and interoperability.

Given the standalone nature of the cluster, Contractor-owned equipment will not be permitted connection to NAVAIR/DoD networks in order to carry out the performance of this contract. Contractor-owned and operated networks are prohibited on any NAVAIR facility or site in support of this contract. The Contractor may access non-government, external IP space via the NAVAIR-provided Virtual Private Network (VPN) Outreach service or NAVAIR CIO approved Internet Protocol (IP) service.

The Contractor shall support the program manager during CCA compliance review and assist in responding to reviewer comments if and when additional supporting information or revisions are required.

3.0 REQUIREMENT/SPECIFICATIONS

3.1 Requirements

3.1.1 Hardware Manufacturing

All hardware shall be manufactured at the contractor-owned facility using industry-proven best practice quality control and manufacturing processes. All manufacturing shall be completed in an ISO: 9001 2015 Certified, and ANSI/ESD 20.20 Electrostatic Discharge Certified manufacturing facility.

3.1.2 Support

The Contractor shall provide identical ongoing technical, hardware and software support for the system expansions as is provided for the existing system, which includes regular onsite system administration and system engineering support.

3.1.3 System Management

The Contractor shall implement the identical system management, software tools, and software build currently being used in this environment, in order to maintain a consistent, identical operating and system administration / system management environment with current compute resources.

3.1.3.1 The Contractor shall incorporate Fault and Power Management with the deployment of the required Uninterruptible Electrical Power Supply system.

3.1.3.2 Fault Management shall include the following attributes:

3.1.3.3 Power Management shall include the following attributes:

3.1.3.3.1 Environmental controls / probes shall be connected to the Ethernet; To shut down the operating systems of the connected servers automatically in a controlled manner.

3.1.3.3.2 It shall be manageable via SNMP or other management protocols which enables prompt reaction on any unwanted situation.

3.1.3.4 The Contractor shall provide Diskless Compute Node capability. This capability shall include diskless compute node deployment method and diskless cluster management that can turn any supported Linux distribution into a master image capable of being used in a diskless environment.

3.1.3.5 The Contractor shall configure the cluster with standalone Yellowdog Updater (YUM). This is a tool for getting, installing, deleting, querying, and managing Red Hat Enterprise Linux RPM software packages.

3.1.3.6 The Contractor shall provide Node Provisioning capability included in ACME network bootable Linux environment independent of the environment installed on a cluster node which is used for deploying images across HPC cluster, testing and pre-configuration of cluster nodes, and stress testing. Images are created using ‘aspencopy’ and deployed through ACME ‘aspenrestore’.

3.1.3.7 The Contractor shall provide command line and graphical user interface (GUI) Tools for imaging, remote power and sensor programs. It will be used to quickly check status on nodes, remotely power cluster nodes on or off, or to reimage large groups of nodes. The Contractor shall install and configure resource manager, job scheduler and Ganglia scalable distributed monitoring system for clusters and grids. The Contractor shall configure the clusters with monitoring tools including performance/utilization, network saturation, power consumption and temperature monitoring.

3.1.3.8 The Contractor shall provide Data at Rest (DAR) FIPS-140-2 compliant cluster. The cryptographic mechanisms shall be employed on all non-volatile digital media.

3.1.4 System Requirements

The system will be made available for onsite benchmarking, testing, evaluation, and acceptance at the contractor’s manufacturing facility, with an option for remote access to the system prior to the final delivery. The Contractor shall provide opportunities for Government personnel to visit the contractor facility and work side-by-side with contractor personnel to assist in developing/providing feedback to items listed under section 3.1.5.

3.1.5 Documentation

The Contractor shall provide three technical documents for the cluster:

3.1.5.1 A detailed document on the proper procedures to perform periods processing with the cluster equipment. Periods processing is defined as the ability to process data of two or more classifications on the same equipment, one classification at a time, at different periods of time. A proper procedure will ensure that no residual data can be carried over into another processing period. At a minimum, the document will include procedures on safely shutting down the cluster, ensuring proper sanitization of all equipment, repopulating the cluster with new media, and reconfiguring the cluster. The documented procedure must be supported by statements of volatility from each equipment manufacturer, including all switches, servers, and KVMs. (CDRL A002)

3.1.5.2 A detailed document on how to perform system recovery procedures to rebuild the entire cluster. The document will contain all steps necessary to recover the system from bare-bone hardware, including procedures for hardware configuration, software installation and configuration, and base operating system security configuration, to and operational cluster environment. In the event of total system failure or in the need to rebuild a new system with new hard drives, the document must be able to provide sufficient procedures to assist a journey-level system administrator with rebuilding the cluster to operating with a base operating system, install contractor-provided utilities, and securely configure it to meet DoD Cybersecurity requirements. (CDRL A002)

3.1.5.3 A detailed document on maintaining the clusters hardware and software, including intervals for periodic maintenance. Relying on years of experience supporting the current systems, and its technical experts, performing maintenance on the cluster and its components. (CDRL A002)

3.2 SPECIFICATIONS

The Contractor shall provide a plug-and-play Linux-based high performance computing cluster which meets the following specifications to include NIAP appliances:

3.2.1 Head Nodes:

Two (2) 2U Dual Socket Head Node (Supermicro SuperServer SYS-6029P-TR) shall be provided, with the following specifications:

3.2.1.1 Two (2) Intel® Xeon Gold 6132 (Skylake, 2.6GHz Fourteen-Core 10.4GT/s 19.25MB, Processor)

3.2.1.2 Twelve (12) sticks of 16 gigabytes (GB) (192 GB Total) DDR4 2666MHz ECC Registered Memory

3.2.1.3 Three (3) 960GB Intel S4500 Series 2.5" Solid State Hard drive (SSD) (SSDSC2KB960G701) (Configured as RAID5)

3.2.1.4 One (1) Intel X722 GbE (onboard)

3.2.1.5 One (1) Broadcom, P1100P, NX-E Single port 1/10/25/40/50/100 Gbps QSFP28 PCIe 3.0 x16 card

3.2.1.6 One (1) Broadcom 9361-8i 12Gb/s RAID Controller

3.2.1.7 One (1) Onboard Intel® X722 Dual Port Gigabit Ethernet

3.2.1.8 One (1) Intel X710-DA2 Dual Port 10Gigabit SFP+ Converged Network Adapter PCIE x8 Low-Profile

3.2.1.9 Power and Ethernet cables

3.2.1.10 Red Hat Enterprise operating system installation and configuration

3.2.1.11 Supermicro Update Manager license

3.2.1.12 5-Year Hardware Warranty Support with 8x5 Support, Expedited RMA Shipments

3.2.1.13 Lifetime Technical Support (Original Software Configuration, minor updates)

3.2.2 Compute Nodes:

Eight (8) 2U Twin/Twin Dual Socket Compute Servers(s) (Supermicro SuperServer SYS-6029TP-HTR, each server has four (4) independent nodes per chassis), each independent node with the following specifications:

3.2.2.1 Two (2) Intel® Xeon Gold 6142 (Skylake, 2.6GHz, Sixteen-Core, 10.40GT/s, 22MB, 150W TDP Processor)

3.2.2.2 Twelve (12) sticks of 16 GB (192 GB Total) DDR4 2666MHz ECC Registered Memory

3.2.2.3 One (1) Intel i350 GbE NIC

3.2.2.4 One (1) Broadcom, P1100P, NX-E Single port 1/10/25/40/50/100 Gbps QSFP28 PCIe 3.0 x16 card

3.2.2.5 One (1) SIOM Intel i350 dual port 1GbE, RJ45 adapter

3.2.2.6 Power and Ethernet cables

3.2.2.7 Supermicro Update Manager license

3.2.2.8 5-Year Hardware Warranty Support with 8x5 Support, Expedited RMA Shipments

3.2.2.9 Lifetime Technical Support (Original Software Configuration, minor updates)

3.2.3 Network Attached Server (NAS):

Two (2) 4U 36-bay Dual Socket Storage Server (Supermicro SuperServer SSG-6049P-E1CR36H) with the following specifications:

3.2.3.1 Two (2) Intel® Xeon Silver 4110 (Skylake, 2.1GHz, Eight-Core, 9.6GT/s, 11MB, 85W TDP Processor)

3.2.3.2 Twelve (12) sticks of 16 GB (192GB Total) DDR4 2666MHz ECC Registered Memory

3.2.3.3 Thirty-six (36) 6 Terabyte (TB) HGST Ultrastar (HUS726T6TAL5204), 256MB Cache SAS 12Gb/s Hard Drive (Configured as RAID6)

3.2.3.4 Two (2) Intel 960GB S4500 Series 2.5" SSD (SSDSC2KB960G701) (Configured as RAID1)

3.2.3.5 One (1) Intel X722 + X557 10GbE (onboard)

3.2.3.6 One (1) Intel X710-DA2 Dual Port 10Gigabit SFP+ Converged Network Adapter PCIE x8 Low-Profile

3.2.3.7 One (1) Broadcom, P1100P, NX-E Single port 1/10/25/40/50/100 Gbps QSFP28 PCIe 3.0 x16 card

3.2.3.8 One (1) Broadcom 3108 12Gb/s RAID Controller, with battery backup

3.2.3.9 One (1) Onboard Intel® X722 + X557 Dual Port 10Gigabit Ethernet

3.2.3.10 Power and Ethernet cables

3.2.3.11 Red Hat operating system installation and configuration

3.2.3.12 Supermicro Update Manager license

3.2.3.13 5-Year Hardware Warranty Support with 8x5 Support, Expedited RMA Shipments

3.2.3.14 Lifetime Technical Support (Original Software Configuration, minor updates)

3.2.4 10 GigE Network:

Networking appliance be NIAP validated.

3.2.4.1 Two (2) Brocade ICX-7450-48 switches (each with 48 ports)

3.2.4.2 Cabling as necessary to connect switches and cluster nodes

3.2.5 100 GigE Network:

A high-speed network connecting all cluster nodes shall be provided, with the following specifications and must be NIAP validated:

3.2.5.1 Two (2) Extreme Networks Summit x870-32c 32-port 100 GigE Network Switch

3.2.5.2 Two (2) Extreme Networks 770W AC Power Supplies, front to back airflow

3.2.5.3 Six (6) Extreme Networks, module fan, front to back airflow

3.2.5.4 5-Year Hardware Warranty Support with 8x5 Support, Expedited RMA Shipments

3.2.5.5 QSFP passive copper cabling as necessary to connect switches and cluster nodes

3.2.6 Power Distribution System:

A power distribution system shall be provided, with the following specifications:

3.2.6.1 Six (6) Eaton Metered Vertical Power Distribution Unit (PDU) 5.76kW (EMO107-10) with L6-30P connector

3.2.6.2 Four (4) Eaton 9PX11K 11 kVA 6U rackmount uninterruptible power supply (UPS) with L6-30R output

3.2.6.3 Two (2) Eaton environmental monitoring probe (EMP001) for measuring humidity and temperature

3.2.6.4 Power cables as necessary to connect all cluster components to power distribution unit

3.1.7 Keyboard, Video, Monitor

3.1.7.1Two (2) Aten, 17.3" LCD KVM Switch (CL6700MW) 1920x1080, supports external console with USB, DVI, VGA, and HDMI, includes 1x 6ft KVM cable (DVI-D, USB, Audio)

3.1.8 Spare Equipment

3.1.8.1 Twelve (12) Intel S4500 Series 2.5" 960GB SATA III SSD (SSDSC2KB960G701)

3.1.8.2 Ten (10) HGST, Ultrastar (HUS726T6TAL5204) 6TB Hard Drive, 7200 RPM, 256MB Cache, SAS 12Gb/s 3.5"

3.1.8.3 Spare drive 5-year RAID Storage Unit Warranty

3.1.9 Software

The Contractor shall provide, install, and configure a Linux operating system on all cluster nodes, in accordance with the following specifications:

3.1.9.1 Four (4) Red Hat Enterprise Linux Server Entry Level Licenses (RH00005F3), Self-support, 3 Year

3.1.9.2 Thirty-two (32) Red Hat Enterprise Linux Server Licenses for HPC Compute Node (RH0635043F3), Self-support (1-2 sockets) (Up to 1 guest), 3 Year

3.1.9.3 Contractor systems cluster software stack including Cluster Management Software Aspen Cluster Management Environment (ACME), hardware and software configuration, operating system, applications, schedules, monitoring tools, compilers, MPI, and additional software and/or scripts for cluster management and node provisioning.

3.1.10 Training and Installation Assistance

The Contractor shall assist in the installation and integration into the existing compute facility located at China Lake, CA. and perform testing and evaluation at its Contractor facility.

3.1.10.1 China Lake, CA - Minimum 3-day on site cluster installation, integration and training.

3.1.10.2 Contractor Facility - Minimum 3-day dedicated to engineering with the contractor at its facility for system testing, evaluation, benchmarking, and modifications with the government evaluation team. The government team will work in parallel with the contractor, as the contractor configures one cluster the government evaluation team will replicate the configuration on the second cluster.

3.1.11 Software Compatibility

Cluster shall have demonstrated compatibility (successful, multi-processor operation using the high speed network) with the following software packages:

Tiger VNC 1.3 Avago Mega RAID Storage Manager 17.05

McAfee Virus Scan Linux 6.1 RHEL v.7.X (The most current version of RHEL)

4.0 DELIVERY

4.1 Delivery

The high performance computing cluster shall be delivered within 3 months after date of award to:

Commander, NAWCWD Attn: Ceferino Aratea JR Building 01371 China Lake, CA 93555

5.0 MISCELLANEOUS

5.1 Warranty

The Contractor shall provide a standard, extended commercial warranty (5 year parts replacement warranty).

5.2 Component Release

Any failed parts, components, and/or equipment will not be returned to any vendor for replacement, as such all standard and extended commercial warranties will be fully honored.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

COMBO

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

Not Applicable

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

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

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

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

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

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

Routing Data Table*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

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

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

(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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

G-TXT-0001 PAYMENT INSTRUCTIONS (FEB 2018)

Note: Payment Clause 52.232-1 applies to this contract.

FOR GOVERNMENT USE ONLY

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

Section I - Contract Clauses

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2018)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

____ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

X (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

X (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 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).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(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.

____ (iii) Alternate II (Feb 2006) 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial 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 (Jul 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 (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 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 Labor Standards 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 Labor Standards 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) (E.O. 13658).

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

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

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