NavDB Solicitation FA850421R0022.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J

1. REQUISITION NUMBER

F3QCCC1145A101

5. SOLICITATION NUMBER

FA8504-21-R-0022

6. SOLICITATION ISSUE DATE

b. TELEPHONE NUMBER (No collect calls)

(478 ) 926 -7296 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

a. NAME

Michelle N. Batts, Capt, USAF

8. OFFER DUE DATE/LOCAL

TIME

31AUG2021 2:00PM

12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM

NAICS CODE:

SERVICE-DISABLED EDWOSB 541330

VETERAN-OWNED SIZE STANDARD

SMALL BUSINESS 8 (A) $16.50 :

13a. THIS CONTRACT IS A

RATED ORDER

UNDER DPAS

(15 CFR 700)

13b. RATING

DO: A1 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

C-130 HERCULES DIVISION, AFLCMC/WLNKA

235 BYRON ST STE 19A

BLDG 300 CML PHN 478 926 6684

ROBINS AFB GA 31098-1670

BUYER: Michelle N. Batts, Capt, USAF/WLNKA michelle.batts@us.af.mil Phone: (478) 926- 7296

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED.

FA8504

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROUTINE

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for days.

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t use only)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO ISSUING

OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED - - . YOUR OFFER ON

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

X

X X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:B

Total

STANDARD FORM 1449 (REV. 2/2012) BACK

COMPUTER GENERATED 8/5/2021, 10:19 AM

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

FA8504-21-R-0022

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

R425 USAF C-130J NavDB Subscription USAF C-130J NavDB Subscription

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

The Navigation Database Subscriptions will be delivered and billed at ELIN level in accordance with “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” Payment will be received upon DD250 of each ELIN line item which will be at the unit price listed in Section J, “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” The unit of measure listed below shall be used for billing purposes associated with this effort. SOW Reference:

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

1 LO *12 Months

Proposed Period of Performance

1 LO

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Navigational Database Explorer and Export Tool

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.2 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Chute Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.3 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Magnetic Variation (MagVar) Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.4 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

R425 USAF C-130J NavDB Subscription USAF C-130J NavDB Subscription

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

The Navigation Database Subscriptions will be delivered and billed at ELIN level in accordance with “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” Payment will be received upon DD250 of each ELIN line item which will be at the unit price listed in Section J, “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” The unit of measure listed below shall be used for billing purposes associated with this effort. SOW Reference:

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

1 LO *12 Months

Proposed Period of Performance

1 LO

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Navigational Database Explorer and Export Tool

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.2 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Chute Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.3

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Magnetic Variation (MagVar) Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.4 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

R425 USAF C-130J NavDB Subscription USAF C-130J NavDB Subscription

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

The Navigation Database Subscriptions will be delivered and billed at ELIN level in accordance with “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” Payment will be received upon DD250 of each ELIN line item which will be at the unit price listed in Section J, “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” The unit of measure listed below shall be used for billing purposes associated with this effort. SOW Reference:

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

1 LO *12 Months

Proposed Period of Performance

1 LO

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Navigational Database Explorer and Export Tool

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.2 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Chute Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.3 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Magnetic Variation (MagVar) Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.4 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

R425 USAF C-130J NavDB Subscription USAF C-130J NavDB Subscription

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

The Navigation Database Subscriptions will be delivered and billed at ELIN level in accordance with “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” Payment will be received upon DD250 of each ELIN line item which will be at the unit price listed in Section J, “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” The unit of measure listed below shall be used for billing purposes associated with this effort. SOW Reference:

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

1 LO *12 Months

Proposed

1 LO

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Navigational Database Explorer and Export Tool

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.2 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Chute Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.3

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Magnetic Variation (MagVar) Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.4 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

R425 USAF C-130J NavDB Subscription USAF C-130J NavDB Subscription

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

The Navigation Database Subscriptions will be delivered and billed at ELIN level in accordance with “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” Payment will be received upon DD250 of each ELIN line item which will be at the unit price listed in Section J, “EXHIBIT A, C-130J USAF NAV DATABASE SUBSCRIPTIONS.” The unit of measure listed below shall be used for billing purposes associated with this effort. SOW Reference:

Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

1 LO *12 Months

Proposed Period of Performance

1 LO

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Navigational Database Explorer and Export Tool

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.2 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Chute Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.3 Priority: R ROUTINE

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of Performance

14 EA

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

14 EA

R425 USAF C-130J NavDB Subscription USAF C-130J Magnetic Variation (MagVar) Database

1. Contractor shall provide all supplies in accordance with (IAW) the Statement of Work (SOW) included in Section J, Attachment 1 and the GE Aviation quote dated 05 May 2021 included in Section J, Attachment 2.

SOW Reference: 2.4

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Invoice Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) *ARO Contract _ Req No / Pri

Required Period of Performance

14 EA *12 Months

Proposed Period of

14 EA

CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)

(IAW DFARS 204.2105(c))

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

(IAW DFARS 205.470, DFARS 212.301(f)(x))

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

(IAW FAR 12.301(b)(4))

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 (JUN 2020), 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 (JUN 2020) (41

U.S.C. 3509).

__ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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 (JUN 2020) (31 U.S.C. 6101 note).

__X __ (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 (MAR

2020)(15 U.S.C. 657a).

__ __ (11) (ii) Alternate I (MAR 2020) of 52.219-3.

__ __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

__ _ (12) (ii) Alternate I (MAR 2020) of 52.219-4.

(13) [Reserved]

__ __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)(15 U.S.C.

644).

__ __ (14) (ii) Alternate I (MAR 2020) OF 52.219-6.

__ __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)(15 U.S.C.

644).

__ __ (15) (ii) Alternate I (MAR 2020) 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 (JUN 2020) (15 U.S.C.

637(d)(4)).

__ __ (17) (ii) Alternate I (Nov 2016) of 52.219-9.

__ __ (17) (iii) Alternate II (Nov 2016) of 52.219-9.

__ __ (17) (iv) Alternate III (JUN 2020) of 52.219-9.

(17) (v) Alternate IV (JUN 2020) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (18) (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020)(15 U.S.C. 637(a)(14)).

__X __ (20) 52.219-16, Liquidated Damages—Subcontracting 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 (MAR 2020) (15 U.S.C. 657f).

__X __ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV

2020) (15 U.S.C. 632(a)(2)).

(22) (ii) Alternate I (MAR 2020) of 52.219-28.

__ __ (23) 52.219-29, Notice of Set-Aside for, or Sole source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (1 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 (MAR 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

__X __ (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__ __ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020)

(E.O. 13126).

__X __ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X __ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246

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

__X __ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C.

4212).

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

__X __ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

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

__X __ (33) 52.222-37, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212).

__X __ (34) 52.222-40, Notification of Employee Rights Under the National Labor relations

Act (Dec 2010) E.O. 13496).

__X __ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter

78 and E.O. 13627).

__ __ (35) (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (36) 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.)

__ __ (37) (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.)

__ _ (37) (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.)

__ __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) (E.O. 13693).

__ __ (39) 52.223-12, Maintenance, Service, repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O.13693).

__ _ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ _ (40) (ii) Alternate I (Oct 2015) of 52.223-13.

__ _ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ _ (41) (ii) Alternate I (Jun 2014) of 52.223-14.

__ __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020)

(42.U.S.C. 8259b).

__ __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

__ _ (43) (ii) Alternate I (Oct 2015) of 52.223-16.

__X __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O.13513).

__ __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) __ __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__X __ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (47) (ii) Alternate I, (Jan 2017) of 52.244-3.

__ __ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

__ __ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN

2021) (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).

__ _ (49) (ii) Alternate I (JAN 2021) of 52.225-3.

__ _ (49) (iii) Alternate II (JAN 2021) of 52.225-3.

__ _ (49) (iv) Alternate III (JAN 2021) of 52.225-3.

__ __ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__X __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

__ __ (52) 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).

__ __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.

5150).

__ __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__X __ (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).

__ __ (56) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ __ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__X __ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management (Oct 2018) (31.U.S.C. 3332).

__ __ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for

Award Management (Jul 2013)(31.U.S.C. 3332).

__ __ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__X __ (62) 52.242-5, Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ __ (63) (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).

__ _ (63) (ii) Alternate I (Apr 2003) of 52.247-64.

(63) (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.] __X __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__X __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

__ X __ (3) 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).

__ __ (4) 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).

__ __ (5) 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).

__ __ (6) 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).

__X __ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__X __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706. (Jan 2017) (E.O.

13706).

__ __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN

2020) (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, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

(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 paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L.

115-232).

(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (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) X (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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 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 (NOV 2020).

(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. (JUN 2020) (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.

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (MAY 2019)

(IAW DFARS 219.708(b)(1)(B))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

(IAW DFARS 225.7002-3(a))

252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT

SYSTEMS (DEVIATION 2020-O0015) (MAY 2020)

(IAW Deviation 2020-O0015)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(APR 2019)

(IAW DFARS 226.104)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018)

(IAW DFARS 232.7004(a))

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or

(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS -

PROHIBITION ON FEES AND CONSIDERATION (APR 2020)

(IAW DFARS 232.009-2)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013)

(IAW DFARS 237.173-5)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(IAW DFARS 243.205-71)

ADDENDUM TO CLAUSE 52.212-4

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(IAW DFARS 201.602-70)

5352.201-9101 OMBUDSMAN (OCT 2019)

(IAW AFFARS 5301.9103)

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Thomas (Tom) Eller, D.B.A. at 478 222 -1088 , FAX 000 000 -0000 , email thomas.eller.1@us.af.mil . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

(IAW DFARS 203.970)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(IAW FAR 4.1804(c), FAR 12.301(d))

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

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

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (JUL 2018)

(IAW FAR 4.2004)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(IAW 4.2105(b))

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)

(IAW DFARS 204.804-70)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2))

DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE

ITEM.

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

(IAW FAR 12.301(b)(3))

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount prompt for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items Accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT Clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, Liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this…