Redacted Contract Award W9113M20D0060_2020 September 30.pdf

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W9113M20D0060 value inclusive of the necessary management, facilities, labor, materials, subcontracts, ODC, and travel. As a condition for payment of the entire fixed fee, the contractor shall perform each task order effort within the task order estimated cost in accordance with the task order terms and conditions, the task order performance work statement (PWS), and associated task order CDRLs, DD form 1423, Exhibits, incorporated in Section J of each task order. In the event the work cannot be completed within the estimated task order cost, the Government may require more effort without increase in fee, provided the Government increases the estimated task order cost (reference FAR 16.306(d)(1)).

All task orders issued under the IDIQ contract are subject to the terms and conditions of the basic IDIQ contract. In the event of conflict between a task order and this contract, the contract shall control.

The period of performance for individual task orders shall be specified in each awarded task order. Task orders may include a task order option period for continued support (reference contract line item number (CLIN) 0003, Task Order Option Period, in Section B of the IDIQ contract). In no event shall any task order performance period extend 36 months beyond the last day of the end of the contract ordering period, which includes a six-month priced FAR 52.217-8 clause, Option to Extend Services (reference CLIN 0002 in Section B of the IDIQ contract).

Telecommuting shall be in accordance with FAR 7.108, Additional requirements for telecommuting. The Government does not prohibit the contractor from telecommuting unless the security requirements required by the task order effort cannot be met if telecommuting is permitted. If the Contracting Officer determines task order security requirements will be adversely impacted, telecommuting shall be prohibited.

REFERENCE: Section G, Payment Instructions-Other [DFARS/PGI 204.7108(d)(12)], for contracts with multiple funding types and multiple customers, spanning several years. Funding for the contract line item numbers (CLINs) contained in this contract are received from various funding sources and applied to specific tasks as defined in the funding modifications, which consist of multiple lines of accounting using sub line items (SLINs) and Accounting Classification Reference Numbers (ACRNs) as the indicator of the funding source. The SLINs may be associated with specific tasks as required by the Performance Work Statement (PWS) rather than the PWS as a whole, therefore using a proration or fiscal year method may result in payments being disbursed ahead of actual performance. The Section G, Payment Instructions-Other, contains special payment instructions which are applicable at the task order level.

MATERIALS

If materials are required during performance of individual task order efforts, the contractor shall propose the type of materials to be purchased and the estimated cost.

The materials shall be evaluated and negotiated prior to award of the task order. The Office of Naval Research (ONR) negotiated and approved a materials overhead rate that can be included in the contractor’s proposed materials. Materials are cost reimbursable only and a fee is not authorized. If the contractor does not propose the type of materials to be purchased and the estimated cost for evalution and negotiation of the task order, the materials purchase will need to be preapproved by the Contracting Officer’s Representative (COR) and funds obligated by the Contracting Officer prior to the contractor purchasing the materials. In order to track the material inventory and costs, the contractor shall provide the COR a completed spreadsheet (reference Attachment 5 incorporated in Section J) listing the material and its estimated cost. In addition, the contractor shall include, with its submission, the purpose and use of the materials to be purchased.

The contractor shall provide DoD Item Unique Identification (IUID) as required by DFARS 252.211-7003, Item Unique Identification (IUID) and Valuation. The requirements in DFARS 252.211-7003 are applicable to materials purchased under individual task orders, which is defined as contractor acquired property (CAP). Title, accountability, and stewardship of CAP will be transferred to the Government as Government Furnished Property (GFP) under CLIN 0008, Contractor Acquired Property,in Section B of the IDIQ contract. Any materials to be furnished under this contract shall be ordered by issuance of task orders and dispositioned as required under CDRL A011.

SUBCONTRACTS

If subcontracts are required during performance of individual task order efforts, the contractor shall propose the subcontractors and estimated costs in accordance with the terms and conditions of this contract for Contracting Officer approval. The Office of Naval Research (ONR) negotiated and approved a subcontract overhead rate that can be included in the contractor’s proposed subcontracts. Subcontracts are cost reimbursable only and a fee is not authorized. The contractor shall submit the subcontractor’s unredacted proposals and, if required in accordance with FAR 15.4, subcontractor’s certified cost and pricing data, and certificate of current cost or pricing data. The contractor shall flow down the contract W9113M20D0060 provisions and contract clauses to its subcontractors and affiliates. The subcontractor proposals shall be evaluated and negotiated prior to award of each task order. In addition, the contractor shall include, with its submission, the purpose of using subcontractors under each task order. If the contractor does not propose subcontractors and the estimated costs for evalution and negotiation prior to award of each task order, the subcontractors and estimated costs will need to be preapproved, evaluated, and negotiated by the Contracting Officer and funds obligated prior to the contractor issuing subcontracts.

TRAVEL

a. Temporary Duty (TDY)/non-local travel may be required in performance of individual task orders issued under this contract. Specific travel requirements will be identified and funded as such need arises. The contractor has no authority to incur travel costs without explicit written approval of the Contracting Officer’s Representative (COR) and under no circumstance shall incur travel costs in excess of the funded amount stated in the task order.

b. Reimbursement for direct travel, subsistence, lodging costs and applicable indirect rates shall be paid to the contractor to the extent that such costs are necessary and incurred in the performance of specific task orders awarded under this contract. Direct travel costs shall be limited to the maximum rates set forth in the following regulations (See FAR 31.205-46 for additional information regarding travel costs):

1. Federal Travel Regulations (in effect at the time of travel) prescribed by the General Services Administration (GSA) for travel in the contiguous 48 United States;

2. Joint Travel Regulations (JTR) Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense (DoD) for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and the territories and possessions of the United States;

3. Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowances in Foreign Areas” prescribed by the Department of State, for travel in areas not covered in (a) and (b) above.

c. The Government will reimburse the contractor for actual transportation fare, limited to "coach" rates unless prior written approval of the Contracting Officer is provided. Per diem will be paid at JTR rates. To the extent available, suitable Government quarters, messing, and surface transportation facilities may be used.

d. When travel is required, the following requirements shall be followed:

1. Contractors will schedule flights and pay for them at least 14 days in advance for known meetings in order to reduce airfare costs. "Emergency" meeting fares will be approved by the COR prior to departure.

2. Contractors will not send more than 2 employees or subcontractors to any meeting, unless advance written approval is obtained from the COR.

3. All overseas travel will be booked and paid for 30 days in advance, and will be approved by the COR prior to the booking.

4. All car rentals will be economy cars. The Contracting Officer may authorize larger vehicles upon receipt of a justified request (based upon the number of travelers and equipment being carried).

5. Air fare will not be authorized for trips less than 200 miles from a home station.

6. Contractors are encouraged to negotiate "preferred traveler" arrangements with US flag carriers.

7. Contractors traveling into Theatres of Operation must travel by mil-air unless otherwise authorized by the KO.

8. Contractors are encouraged to take advantage of any discounts (e.g. AAA, Government Rates when available, Corporate Rates) when permitted.

9. Video teleconferences, virtual remote environment, or teleconferences shall be used to the greatest extent possible.

10. Requests for travel on other than “coach” rates shall be submitted to the COR and approved by the Contracting Officer prior to execution of such travel.

e. The Government will not reimburse the contractor for commercial transportation, lodging, meals, or incidental expenses associated with local travel. Local travel is defined as travel within the area of a 50 mile radius of the primary place of performance.

However, subject to the approval of the Contracting Officer on a case-by-case basis, contractor personnel may be authorized reimbursement for the use of privately-owned vehicles (POV) in the direct performance of task order requirements. Such reimbursement, if authorized, shall be limited to the current government POV mileage rate. In no event shall POV reimbursement be claimed or paid for contractor travel to and from the employee’s duty location/principle place of performance.

f. Invitational Travel Orders will NOT be issued by the Government for contractor travel.

g. If task orders require the temporary deployment of contractor personnel to “Outside the Continental United States” (OCONUS) locations, it is the contractor’s full responsibility to obtain all passports, visas, or other documentation necessary to enter and/or exit any area; to verify and comply with all Status of Forces Agreement (SOFA) or Technical Expert Status Accreditation (TESA) requirements; to register all personnel with the appropriate U.S. Embassy or Consulate; and to comply with all other mandated requirements.

NOTE: The COR is appointed to this contract by the Contracting Officer in accordance with DFARS 252.201-7000. The COR is responsible for oversight and surveillance of the contractor and its work performed under this contract and the work performed under individual task orders issued under this contract. The COR has no authority to make any commitments or changes affecting price, quality, quantity, delivery, performance, or other terms and conditions of the contract and individual task orders nor in any way direct the contractor to operate in conflict with the contract and task order terms and conditions.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Job UNDEFINED $0.00 EST Task Order Option Period

CPFF

CLIN 0003, Task Order Option Period, is established in the IDIQ contract Section B to be used as a CLIN for task orders only. If it is determined a task order requires an option effort, this CLIN will be incorporated in the task order requirements packagage (TORP) and the contractor will price the CLIN when it submits the task order proposal to the Government for evaluation and negotiation purposes. The contractor shall perform this CPFF completion type effort inclusive of the necessary management, facilities, labor, materials, subcontracts, ODC, and travel in accordance with the contract terms and conditions in conjunction with the statement of work titled, “Sensor Systems Research, Development, and Engineering Support (SSRDES)”, and the associated CDRLs DD Form 1423, Exhibits A001 through A040, incorporated in Section J of this contract. Fee will be calculated on Labor only inclusive of the labor performed in the Engineering Software Center and the IT Network Services. Otherwise, materials, subcontracts, travel, and ODC will be cost reimbursable only. The period of performance for individual task orders shall be specified in each awarded task order. Task orders may include a task order option period for continued support (reference CLIN 0003, Task Order Option Period). In no event shall any task order performance period extend 36 months beyond the last day of the end of the contract ordering period.

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

PSC CD: AC23

MAX COST UNDEFINED

FIXED FEE UNDEFINED

TOTAL MAX COST + FEE

$0.00 (EST.)

UNIT UNIT PRICE MAX AMOUNT

0004 1 Each NSP Contract Data Requirements List (CDRL)

FFP

The contractor shall perform this effort within the basic contract period of performance to include all option periods in accordance with the contract and individual task order terms and conditions and complete the deliverables as required by the CDRLs DD Form 1423, Exhibits A, incorporated in Section J.

Unless otherwise specified on a task order CDRL, the deliverable as required by each task order CDRL will be due on the 25th of each month.

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0005 1 Each NSP Contractor Manpower Reporting

FFP

The contractor shall perform this effort within the basic contract period of performance to include all option periods in accordance with the Contractor Manpower Reporting as required by FAR 52.204-15, Service Contract Reporting Requirements for Indefinite Delivery Contracts; and, CDRL A003, Funds and Man-hour Expenditure Report (FMER), incorporated in Section J. The FMER shall include a break-out of each contract line item number (CLIN), each subcontract line item number (SLIN), and the Accounting Classification Reference Number (ACRN), which is assigned to the line of accounting citation on each CLIN/SLIN in Section B and Section G of this contract.

UNIT UNIT PRICE MAX AMOUNT

0006 1 Each NSP Anti-Terrorism (AT)/OPSEC Requirements

FFP

The contractor shall perform this effort within the basic contract period of performance to include all option periods in accordance with the Anti-Terrorism (AT) Operations Security (OPSEC) contract terms and conditions and as required by CDRL A006, Operations Security (OPSEC) Plan, and Attachment 6, AT- OPSEC requirements, incorporated in Section J.

UNIT UNIT PRICE MAX AMOUNT

0007 1 Each NSP Earned Value Management System (EVMS)

FFP

The contractor has a (EIA-748) compliant EVMS. As a result, the contractor is responsible for performing this effort in accordance with the contract terms and conditions (reference DFARS 252.234-7002(d) and Deviation (DEV) 2015-

O0017 SEP 2015).

UNIT UNIT PRICE MAX AMOUNT

0008 1 Each NSP Contractor Acquired Property (CAP)

FFP

The contractor is responsible for executing all CAP requirements in accordance with the contract terms and conditions; fulfilling all CAP regulations and policies to include transferring CAP title, accountability, and stewardship to the Government as GFP; completing an inventory list (see Attachment 5 incorporated in Section J of the contract), tagging, labeling, marking, barcoding, packaging, crating, shipping, and disposition of property as required by DFARS 252.211- 7003, Item Unique Identification (IUID) and Valuation, and other property databases; and, reporting any loss of GFP in accordance with DFARS 252.245- 7002 (DEV), Reporting Loss of Government Property. The Contract Data Requirements List (CDRL), DD Form 1423, Exhibit A011, Government Property Inventory Report, is incorporated in Section J of this contract.

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.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $10,000.00 100.00 $71,276,362.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1.00 $1,000.00 100.00 $71,276,362.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00 $10,000.00 100.00 $64,907,822.00 0002 0.00 $0.00 100.00 $6,368,540.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

0001 1.00

$1,000.00

100.00

$64,907,822.00

100.00

$6,368,540.00

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government

Section G - Contract Administration Data

PAYMENT INSTRUCTIONS - OTHER

Proposed Payment Instructions – Multiple Customer Funds

SECTION G-PAYMENT INSTRUCTIONS – OTHER [PGI 204.7108(d)(12)]

This contract is a cost-type contract funded by multiple funding types and multiple customers, spanning several years. Funding for the contract line item numbers (CLINs) contained in this contract are received from various funding sources and applied to specific tasks as defined in the funding modifications.

Based on the type of work contracted for and on behalf of the Department of Defense (DOD) customers, payment by CLIN, subcontract line item number (SLIN), and accounting classification reference number (ACRN) is significantly important and using any of the payment methods specified in the table identified in PGI 204.7108(b)(2) would result in the funding resources of one customer being paid for work received by another customer. The contractor completes the effort in a fluid environment; therefore, in order to accurately track and account for funding expenditures in accordance with the specific tasks associated with each funding line, payment instruction at PGI 204.7108(d)(12) "Other" applies as expenditures must reflect the actual work performed, in alignment with the type of funding to avoid violations to the Anti-Deficiency Act.

Payment shall be made in accordance with the Contracting Officer/DCAA approved billing whereby the contractor shall include identification of the CLIN, SLIN, and ACRN on each invoice. This will allow for appropriate contractor invoicing based on the unique customer requirement funding and Contracting Officer’s instructions. This approach also allows for proper matching of the charge to the activity that have received the service/product with the application of the payment to the corresponding entity.

(End of Clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Alt I Security Requirements (Aug 1996) - Alternate I APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.208-8 Required Sources for Helium and Helium Usage Data AUG 2018 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.

JUN 2018

52.210-1 Market Research APR 2011

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)

APR 2014

52.215-2 Alt II Audit and Records--Negotiation (Oct 2010) - Alternate II AUG 2016 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-12 (Dev) Subcontractor Certified Cost or Pricing Data (Deviation 2018- O0015)

JUL 2018

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2018-O0015)

JUL 2018

52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-8 Fixed Fee JUN 2011 52.216-15 Predetermined Indirect Cost Rates APR 1998 52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt II Small Business Subcontracting Plan (JUN 2020) Alternate II NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-38 Compliance With Veterans' Employment Reporting

Requirements

FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

JUN 2016

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Alt I Privacy Training (JAN 2017) -Alternate I JAN 2017 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Alt I Authorization And Consent (Dec 2007) - Alternate I APR 1984 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-10 Filing Of Patent Applications--Classified Subject Matter DEC 2007 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.230-2 (Dev) Cost Accounting Standards (DEVIATION 2018-O0015) JUL 2018 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 52.232-3 Payments under Personal Services Contracts APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.237-10 Identification of Uncompensated Overtime MAR 2015 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.243-2 Alt V Changes--Cost-Reimbursement (Aug 1987) - Alternate V APR 1984 52.243-6 Change Order Accounting APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items AUG 2019 52.245-1 Alt II Government Property (JAN 2017) Alternate II APR 2012 52.245-9 Use And Charges APR 2012 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

52.246-8 Inspection Of Research And Development Cost Reimbursement

MAY 2001

52.246-9 Inspection Of Research And Development (Short Form) APR 1984 52.246-15 Certificate of Conformance APR 1984 52.246-23 Limitation Of Liability FEB 1997 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-29 F.O.B. Origin FEB 2006 52.247-34 F.O.B. Destination NOV 1991 52.249-5 Termination For Convenience Of The Government

(Educational And Other Nonprofit Institutions)

AUG 2016

52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-12 Termination (Personal Services) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.206-7000 Domestic Source Restriction DEC 1991 252.208-7000 Intent To Furnish Precious Metals As Government--Furnished

Material

DEC 1991

252.209-7003 Reserve Officer Training Corps and Military Recruiting on Campus-Representation

MAR 2012

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.209-7005 Reserve Officer Training Corps and Military Recruiting on Campus

MAR 2012

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7002 Cost Estimating System Requirements DEC 2012 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JUL 2019

252.215-7011 Requirements for Submission of Proposals to the Administrative Contracting Officer and Contract Auditor.

JAN 2018

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.217-7027 Contract Definitization DEC 2012 252.219-7000 Advancing Small Business Growth SEP 2016 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services.

DEC 2018

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7020 Rights In Special Works JUN 1995 252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

MAY 2013

252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

252.235-7003 Frequency Authorization MAR 2014 252.235-7011 Final Scientific or Technical Report DEC 2019 252.242-7006 Accounting System Administration FEB 2012 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020- O0004)

FEB 2020

252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7001 Warranty Of Data MAR 2014 252.246-7005 Notice of Warranty Tracking of Serialized Items MAR 2016 252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or…