RFP - 15F06723R0000199 - Rifle Red Dot Sights and Mounts.pdf

DEPARTMENT OF JUSTICE

FEDERAL BUREAU OF INVESTIGATION

REQUEST FOR PROPOSAL

RFP 15F06723R0000199

RIFLE RED DOT SIGHTS AND MOUNTS

Standard Objective Lens

Large Objective Lens

14 June 2023

TABLE OF CONTENTS

PART I - THE SCHEDULE

SECTION A - BLANK

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 - DESCRIPTION OF SUPPLIES

B.2 - TYPE OF CONTRACT

B.3 - CONTRACT AND ORDER LIMITATIONS

B.4 - PRICING / FIVE (5) YEAR ESTIMATED CONTRACT TOTAL

SECTION C - STATEMENT OF WORK

C.1 - GENERAL DESCRIPTION

C.2 - SCOPE

C.3 - GENERAL REQUIREMENTS

C.4 - SIGHT

C.5 - AIMING POINT / RETICLE

C.6 - MOUNT

C.7 - BATTERY

C.8 - QUALITY CONTROL PLAN

C.9 - AUTHORIZED BUYERS

C.10 - REPORTS

C.11 - SECURITY AND ACCESS CONTROL

C.12 - MEDIA STATEMENTS

SECTION D - PACKAGING AND MARKING

D.1 - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 - QUALITY ASSURANCE

E.2 - WARRANTIES

SECTION F - DELIVERIES AND PERFORMANCE

F.1 - PERIOD OF PERFORMANCE

F.2 - DELIVERY SCHEDULE

F.3 - NOTICE TO THE GOVERNMNENT OF DELAYS

F.4 - PLACE OF DELIVERY

F.5 - F.O.B. DESTINATION

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 - CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G.2 - ORDERING

G.3 - INVOICE REQUIREMENTS

G.4 - SMALL BUSINESS ACCELERATED PAYMENT

G.5 - PAYMENT

G.6 - WITHHOLDING OF CONTRACT PAYMENTS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 - DISCLOSURE OF DATA UNDER FOIA

H.2 - GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

H.3 - ACCESS TO FEDERAL BUREAU OF INVESTIGATION LOCATIONS

H.4 - CONTRACTOR SUITABILITY REQUIREMENT

H.5 - DISRUPTION TO THE SCHEDULE

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 - CLAUSES INCORPORATED BY REFERENCE

I.2 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

I.3 - BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS

I.4 - ORDERING

I.5 - ORDER LIMITATIONS

I.6 - INDEFINITE QUANTITY

I.7 - OPTION TO EXTEND THE TERM OF THE CONTRACT

I.8 - CONTINUING CONTRACT PERFORMANCE DURINGA PANDEMIC

INFLUENZA OR OTHER NATIONAL EMERGENCY

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATTACHMENT #1 - PRICING MATRIX

ATTACHMENT #2 - PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT #3 - MANUFACTURER CHECKLIST

ATTACHMENT #4 - MANUFACTURER TEST DATA SHEETS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 - INFORMATION REGARDING RESPONSIBILITY MATTERS

K.2 - CERTIFICATION REGARDING TAX MATTERS

K.3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS

K.4 - PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND

REDUCTION GOALS - REPRESENTATION

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 - TYPE OF CONTRACT

L.3 - SERVICE OF PROTEST

L.4 - PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF

JUSTICE

L.5 - GENERAL INSTRUCTIONS FOR PREPARING PROPOSALS

L.6 - PROPOSAL PREPARATION INSTRUCTIONS: TECHNICAL PROPOSAL

L.7 - PROPOSAL PREPARATION INSTRUCTIONS: PRICE PROPOSAL

L.8 - PROPOSAL PREPARATION INSTRUCTIONS: PAST PERFORMANCE

L.9 - PROPOSAL PREPARATION INSTRUCTIONS: RIFLE RED DOT SIGHT SAMPLES

L.10 - INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 - EVALUATION - COMMERCIAL ITEMS

M.2 - EVALUATION OF OPTIONS

M.3 - EVALUATION CRITERIA

PART I – THE SCHEDULE

SECTION A – BLANK

Section A was intentionally left blank.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1 DESCRIPTION OF SUPPLIES

Under the policies and procedures prescribed in Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with Part 15, Contracting by Negotiations, the Contractor(s) shall provide Rifle Red Dot Sights and Mounts.

The FBI is seeking two (2) separate types of Rifle Red Dot Sights; (1) a Rifle Red Dot Sight with a standard-sized objective lens (“Standard Objective Lens”) and (2) a Rifle Red Dot Sight with an oversized objective lens (“Large Objective Lens”). The FBI is seeking multiple contract awardees.

The Contractor(s) shall provide a Rifle Red Dot Sights and mounts. The mount may be integral to the Rifle Red Dot Sight, or it may be a separate item.

B.2 TYPE OF CONTRACT

The contracts will be structured as Firm Fixed Price, Indefinite-Delivery Indefinite-Quantity (IDIQ), type contract for one (1) base year and four (4) possible one-year option periods.

The FBI anticipates making four (4) IDIQ contract awards. The FBI anticipates two (2) IDIQ contracts for each of the two (2) separate categories (Standard Objective Lens and Large Objective Lens) awarded to the two (2) highest technically rated Offerors with fair and reasonable pricing, in accordance with the evaluation procedures outlined in this solicitation.

While the FBI is seeking two (2) contracts in each category, the FBI does not intend to make both awards to Offorers providing the same make/model Rifle Red Dot Sight. In the event that the same make/model were to score 1st and 2nd place overall in the Technical Evaluation, award would be made to the Offeror with the best value.

If vendor is not the OEM of the product, vendor must provide documentation that they are authorized resellers of the requested products (i.e., certificate, authorization letter).

B.3 CONTRACT AND ORDER LIMITATIONS

Delivery shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantities designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated as the “minimum,” hereby established as $1,000.00 over the life of each contract established.

The Government shall not be required to purchase from the Contractor any additional quantities after the initial guaranteed minimum. The obligation of funds and specific quantities will be ordered through individual delivery orders or the Government Purchase Card Program.

The Government’s intent is to establish four (4) single award IDIQs under this solicitation.

Maximum threshold for each established IDIQ shall be as follows:

Red Dot Sights Maximum Threshold Standard Objective Lens - Primary $ 7,000,000

Standard Objective Lens - Secondary $ 4,000,000

Large Objective Lens - Primary $ 7,000,000

Large Objective Lens - Secondary $ 4,000,000

The Government reserves the right to increase the value of this contract by 25% of the accepted awarded value with in-scope modifications.

B.4 PRICING/FIVE (5) YEAR ESTIMATED CONTRACT COST

Price proposals shall be submitted using the Pricing Matrix provided in this solicitation, refer to Section J, Attachment 1 of the solicitation package.

[End of Section]

SECTION C - STATEMENT OF WORK

C.1 GENERAL DESCRIPTION

As a law enforcement organization, the FBI is the Federal Government’s principal agency responsible for investigating violations of more than 260 Federal statutes. In pursuit of their duties, FBI personnel may be involved in high threat assignments where they face violent confrontations which may necessitate the use of deadly force. In the event of a deadly force confrontation, an FBI carbine with a functionally reliable and accurate Rifle Red Dot Sight will increase the probability that FBI personnel will have a successful outcome to the situation.

The FBI is seeking two (2) separate styles of Rifle Red Dot Sights for use on Colt pattern carbines. One (1) style of Rifle Red Dot Sight that the FBI is seeking shall have a standard-sized objective lens (objective surface area less than or equal to 450 mm2), referred to as a “Standard Objective Lens.” The other style of Rifle Red Dot Optic that the FBI is seeking shall have an oversized objective lens (objective surface area greater than 450 mm2), referred to as a “Large Objective Lens.”

The FBI is not specifying the type of red dot sight (e.g., reflex or holographic); rather, the FBI is setting performance requirements. Similarly, the FBI is not dictating the shape of the objective lens. The lens may be a traditional circle, rectangle, rounded rectangle, or another design altogether. However, the optic shall be non-magnifying and have little-to-no parallax when viewing targets at distances at or less than 50 meters. Potential Offerors shall meet all the requirements outlined in the Statement of Work (Section C) and meet all of the testing requirements outlined in Section M.

The Rifle Red Dot Sights shall come with a (or have an integrated) mount capable of securing the sight to a standard MIL-STD-1913 (Picatinny) rail. The Rifle Red Dot Sights and mount, when used with the FBI’s back up iron sights (BUIS), shall provide the user with a “lower 1/3” co-witness.

The Large Objective Lens Rifle Red Dot Sights shall have Night Vision (NV) compatible settings and multiple daylight settings for varying light intensity. Auto adjusting brightness is acceptable but not required.

The Standard Objective Lens Rifle Red Dot Sights may have Night Vision (NV) compatible settings, but they are not required. It shall have multiple daylight settings for varying light intensity. Auto adjusting brightness is acceptable but not required.

All Rifle Red Dot Sights sold under these contracts shall contain a User Manual and sight adjustment tool, if necessary.

As each Rifle Red Dot Sight will be in use on weapons that may be needed in the defense of life, it is imperative that the Contractor maintain a high level of quality control for any sight delivered under these contracts. The FBI would like to highlight to Offerors the importance of durability and quality control. Law enforcement carbines have the propensity to receive extensive use. As such, it is imperative that the Rifle Red Dot Sights be durable. The FBI expects, and tests for, the ability of the Rifle Red Dot Sight to maintain zero, with minimal shift, following repeated drops and from the recoil impulse over high round counts.

Furthermore, the FBI requires minimal thermal drift resulting from operating the weapon system at temperature extremes. Finally, the FBI will highlight the need for the Contractor(s) to maintain strict quality control throughout the life of these contracts.

C.2 SCOPE

C.2.1 For both the Standard Objective Lens and Large Objective Lens options, the Contractor(s) shall provide Rifle Red Dot Sights (with initial battery required for operation) and mounts that meet the requirements outlined in the Statement of Work.

C.2.2 Contractor shall deliver Rifle Red Dot Sights and mounts within 90 days after receipt of order. Deliveries shall be shipped FOB Destination to all FBI (and other approved Federal government) locations within the continental United States (CONUS), as well as Hawaii, Alaska, Puerto Rico, and the U.S. Virgin Islands.

C.2.3 The duration of the contract is specified in Section B.2. Contracts entered into as a result from this solicitation will be Fixed Price, IDIQ for one (1) base year and four (4) possible one-year option periods.

C.3 GENERAL REQUIREMENTS

C.3.1 All Rifle Red Dot Sights sold under this contract shall have an illuminated aiming point.

C.3.2 The Rifle Red Dot Sights shall have multiple aiming point illumination intensity settings for use in variable light situations. This includes but is not limited to low-light conditions and conditions of intense light.

C.3.3 Large Objective Lens Rifle Red Dot Sights shall be available with an illumination setting or settings only visible when using night vision (NV) devices. Standard Objective Lens Rifle Red Dot Sights may have NV settings, but they are not required.

C.3.4 The controls for the illumination intensity settings, NV settings, and on/off settings should be easy to manipulate. Users wearing gloves shall be able to adjust the settings.

C.3.5 The Rifle Red Dot Sights shall affix securely to a standard MIL-STD-1913 (Picatinny) rail. The Rifle Red Dot Sights may connect directly to the rail or be affixed via a mount.

Regardless of the method used to affix the Rifle Red Dot Sights, the sight shall remain tightly in place throughout operational use and drops.

C.3.6 The Rifle Red Dot Sights shall be no greater than 5.0" in length.

C.3.7 The Rifle Red Dot Sights shall be available in black. It is preferred that the Rifle Red Dot Sights come with a matte finish. While not required, it is preferred that the Rifle Red Dot Sights also be available in Flat Dark Earth (or similar).

C.3.8 Standard Objective Lens Rifle Red Dot Sights shall have an objective lens surface area less than or equal to 450 mm2. Large Objective Lens Rifle Red Dot Sights shall have an objective lens surface area greater than 450 mm2.

C.3.9 Rifle Red Dot Sights shall include a User Manual.

C.3.10 Rifle Red Dot Sights shall include a sight adjustment tool, if necessary.

C.4 SIGHT

C.4.1 The Rifle Red Dot Sights shall have no magnification (1X magnification).

C.4.2 The Rifle Red Dot Sights shall exhibit minimal parallax out to 50 meters.

C.4.3 The Rifle Red Dot Sights shall operate at temperature ranges, at a minimum, from negative (-) 40o F up to +140o F.

C.4.4 Thermal shift from any change in temperature shall be less than 7 minutes of angle (M.O.A.). When the Rifle Red Dot Sight is exposed to temperature changes within the operational temperature range noted in C.4.3. (-40 o F through +140 o F), the point of impact shall not shift more than four (4) inches at fifty (50) meters (approximately 6.98 MOA).

C.4.5 Any Rifle Red Dot Sights with Night Vision (NV) setting shall be rated at or above IPX8 and be waterproof to 25 feet for one (1) hour. Rifle Red Dot Sights without NV settings shall be rated at or above IPX7.

C.5 AIMING POINT / RETICLE

C.5.1 Rifle Red Dot Sights shall have an illuminated red dot as the primary point of aim. A circle or partial circle surrounding the red dot meets this requirement and is acceptable but not required. Available alternate reticles and colors are acceptable (e.g., multiple dots, chevron, triangle, red dot enclosed by a circle, green reticle, etc.) so long as an option is available with a red dot as the primary aiming point.

C.5.2 The red dot serving as the primary point of aim shall be two (2) minutes of angle (MOA) or less.

C.5.3 The Rifle Red Dot Sights shall be adjustable for windage and elevation. Adjustments shall not exceed one (1) MOA per click (0.5 MOA and 0.33 MOA per click are acceptable).

C.5.4 Lenses shall be abrasion resistant.

C.5.5 When subjected to firing and/or drop impacts, the Rifle Red Dot Sight point of impact shift shall not exceed six (6) inches at 50 meters.

C.5.6 When subjected to temperature variation, the Rifle Red Dot Sight point of impact shift shall not exceed four (4) inches at 50 meters.

C.5.7 Lens protectors for the Rifle Red Dot Sights are permitted but not required. If a “pop-up” lens cover is used, it is preferred that the cover be clear/transparent such that the user may see the reticle if left in the closed position.

C.6 MOUNT

C.6.1 The mount shall be compatible with a MIL-STD-1913 (Picatinny) rail.

C.6.2 When mounted on a MIL-STD-1913 rail, the user shall be able to see the backup iron sights through the lower 1/3rd viewing area of the objective (lower 1/3 co-witness). The backup iron sights currently in use by the FBI include: (1) the MagPul Pro LR rear folding sight (model #MAG527) and MagPul Pro front folding sight (model # MAG275) and (2) the Troy rear folding sight (model # SSIG-FBS-R0BT-00) and Troy front folding sight (model #

SSIG-FBS-FMBT-00).

C.6.3 The mount attachment point(s) shall securely hold the optic to the MIL-STD-1913 rail sufficiently to not shift upon firing, drop impact, and temperature variation. While not required, ¼” cross bolt(s) with ½” Hex head(s) is/are preferred.

C.7 BATTERY

C.7.1 The Rifle Red Dot Sights shall utilize a commonly available battery or batteries (e.g., AA, AAA, CR2032, CR123, etc.).

C.5.2 Solar panels are not permitted.

C.5.3 Battery life shall be, at a minimum, 250 hours at a medium reticle intensity setting.

C.8 QUALITY CONTROL PLAN

C.8.1 Contractor shall provide information on Quality Control measures applied to Rifle Red Dot Sights sold under contract. Any revisions to the Quality Control Plan shall be forwarded to the COR within five (5) calendar days of the effective date.

C.8.2 Rifle Red Dot Sights which fail any portion of Contractor’s Quality Control testing shall be rejected and not shipped.

C.9 AUTHORIZED BUYERS

C.9.1 Authorized Buyers include Department of Justice agency components. Other agencies may seek permission to utilize the contract on a case-by-case basis. Interested parties shall contact the Contracting Officer (CO) for authorization. If approved by the CO, an authorization number will be utilized for record keeping purposes.

C.9.2 All orders shall be prioritized in the order they are received. Emergency orders placed by the FBI, as identified by CO or COR, shall receive priority over all other orders.

C.10 REPORTS

C.10.1 Contractor shall provide quarterly reports to the Contracting Officer within ten (10) calendar days of the end of the quarter [Jan-Mar/Apr-Jun/Jul-Sep/Oct-Dec] during which supplies were ordered. The report shall include:

a) Contract Number

b) Period of Performance (ex: Base Year/Qtr. 1)

c) List of orders “ACCEPTED” during quarter for each authorized buyer (include delivery order number & dollar value of order).

NOTE: “ACCEPTED” refers to an order that has been received during the quarter, regardless of if the order shipped. When an order has been received/accepted by the Contractor, the maximum, not to exceed, contract value is impacted.

d) Total dollar value of all accepted orders during the quarter (combined quarterly figure).

e) Total dollar value of usage to date (current quarterly figure combined with previous quarters) under the contract.

C.10.2 It is preferred that this information be provided using Microsoft Excel.

C.10.3 If the quarterly report is not provided within ten (10) calendar days of the end of quarter as required, a written explanation as to why the report is tardy shall be provided with the quarterly report.

C.11 SECURITY AND ACCESS CONTROL

On-site visits require a minimum of 48 hours advance notice, unless an exigent circumstance exists which will require prior CO or COR approval.

C.12 MEDIA STATEMENTS

All press statements and releases related to the contract(s) shall receive advance written approval by the Contracting Officer.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

Packaging and packing for all items delivered under this contract shall be in accordance with commercial practice and adequate to ensure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract and delivery order number on or adjacent to the exterior shipping label.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 QUALITY ASSURANCE

E.1.1 As Rifle Red Dot Sights may be used in the defense of life; the Government expects the Contractor to maintain the quality of the product throughout the life of the contract. Quality of the product delivered will be monitored by the COR or Technical Point of Contact (TPOC).

In addition to physical inspection of the product, the COR/TPOC will monitor timely delivery and accuracy of order.

E.1.2 The Government may also conduct random Quality Assurance (QA) testing of product to ensure that the Rifle Red Dot Sights meet performance requirements.

E.1.3 Any Rifle Red Dot Sight that fails the FBI’s random QA testing will be returned to the Contractor, at no cost to the Government, and replaced with an equal amount of supplies.

The Contractor will be notified by the CO or the COR, in writing, of the nature of the failure, defect, or deficiency.

E.1.4 Contractor shall provide a primary point of contact and an alternate point of contact for any matters pertaining to sights supplied under the contract(s).

E.1.5 Contractor shall take corrective action within ten (10) business days of written notification of a contract non-conformance. Action shall include replacement of all defective, deficient, or suspect sights; and provide the CO and/or COR with written results of failure analysis and preventative measures to avoid repetitive non-conformances. Any issues pertaining to defective or deficient sights shall be resolved to the satisfaction of the FBI.

E.1.6 Failure to maintain the standards established at the time of award is detrimental to the Government. Should a continuing pattern of failure emerge, this may constitute grounds for the initiation of contract termination proceedings.

E.2 WARRANTIES

E.2.1 Rifle Red Dot Sights sold under these contracts shall be warrantied for a period no less than five (5) years from receipt by the Government.

E.2.2 Contractor shall specify all that is covered during the warranty period.

E.2.3 Warranty claims shall be remedied at no expense to the government except for shipping item to the Contractor. Contractor will be responsible for return shipping costs.

SECTION F – DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The anticipated period of performance shall be a twelve (12) month base period, to begin on the date of award, with four (4) possible one-year option periods.

F.2 DELIVERY SCHEDULE

F.2.1 Contractor shall deliver Rifle Red Dot Sights within 90 days after receipt of order. In the event of a delay, see F.3.

F.2.2 Contractor is to deliver the entire quantity of ordered Rifle Red Dot Sights; however, partial shipments may be accepted with prior approval from the CO or COR.

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting delivery schedules or completion dates, or if the Contractor has knowledge of a situation that may delay the timely performance of this contract, the Contractor shall notify the CO and COR in writing within five (5) business days. Contractor shall provide the COR with (1) a detailed justification for the delay and (2) a realistic time for delivery.

F.4 PLACE OF DELIVERY

F.4.1 Delivery of Rifle Red Dot Sights shall be “FOB Destination.”

F.4.2 Rifle Red Dot Sights shall be shipped to all FBI (and other approved Federal government purchasers) locations within CONUS, as well as Hawaii, Alaska, Puerto Rico, and U.S. Virgin Islands. Shipping address will be noted at the time of order.

F.5 F.O.B. DESTINATION (52.247-34) (NOV 1991)

(a) The term "F.O.B. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall;

(1) Pack and mark the shipment to comply with contract specifications;

or in the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of Clause)

SECTION G – CONTRACT ADMINISTRATION

G.1 JAR 2852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE

(COR) (NOV 2020)

A. Mr./Ms. (Name) of (Organization), (Address), (Area Code & Telephone No.,), is hereby designated to act as Contracting Officer’s Representative (COR) under (contract #), for the period of (specify the performance period of the contract that the designation covers).

B. The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided in accordance with the terms and conditions of this contract; Clarifying, directing, or redirecting the contract effort, including shifting work between work areas and locations, filling in details, or otherwise serving to accomplish the contractual statement of work to ensure the work is accomplished satisfactorily; evaluating performance of the contractor;

and, certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

C. The COR does not have the authority to issue direction that: constitutes a change of assignment or work outside the contract specification/work statement/scope of work. Constitutes a change as defined in the clause entitled “Changes” or other similar contract term. (iii) Causes, in any manner, an increase or decrease in the contract price or the time required for contract performance; Causes, in any manner, any change in a term, condition, or specification or the work statement/scope of work of the contract; Causes, in any manner, any change or commitment that affects price, quality, quantity, delivery, or other term or condition of the contract or that, in any way, directs the contractor or its subcontractors to operate in conflict with the contract terms and conditions;

Interferes with the contractor's right to perform under the terms and conditions of the contract; Directs, supervises, or otherwise controls the actions of the Contractor's employees or a Subcontractor's employees.

(End of clause)

G.2 ORDERING

In accordance with Federal Acquisition Regulation (FAR) 16.506(a), Ordering, and the clause at 52.216-18, Ordering, any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

G.3 INVOICING REQUIREMENTS

Invoices shall be submitted electronically to Invoice Processing Platform (IPP.gov).

All invoices are required to have a unique identifying, non-duplicable number, and reflect the contract number, delivery order number, list of supplies, delivery date and Contractor point of contact information (name, email address, phone number).

It shall be the Contractor’s responsibility to include the information required by this contract on each invoice. If an invoice does not contain the above information, the Government reserves the right to reject the invoice as IMPROPER and notify the vendor within seven (7) days after receipt of the invoice at the designated billing office. Resubmission of a PROPER invoice will be required.

Any requirement for resubmission for payment or Contractor questions regarding payment should be directed to the COR or Agency Point of Contact under the contract. All follow-up invoices (i.e., revised, resubmitted) shall be marked "REVISED".

G.4 SMALL BUSINESS ACCELERATED PAYMENT

Contractor must indicate its business size on each invoice to assist payment office in determining eligibility for accelerated payment in accordance with OMB Memo M-11-32, ‘ACCELERATING PAYMENTS TO SMALL BUSINESSES FOR GOODS AND SERVICES’, dated 09/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days.

G.5 PAYMENT

Payment will be made by the FBI’s Commercial Payments Unit (CPU) in accordance with the Prompt Payment Act upon COR certification of receipt of supplies.

G.6 WITHHOLDING OF CONTRACT PAYMENTS

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the terms and conditions of the contract. The Government shall promptly notify the contractor of its intention to withhold payment of any invoice or voucher submitted.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a proposal that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with other contract provisions. The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a proposal an opportunity to object to disclosure.

H.2 GOVERNMENT RIGHTS IN DATA AND COPYRIGHTS

The Government shall have unlimited rights, as delineated in the FAR clause Rights in data-special works (52.227-17) which is included in SECTION I by reference, to all documentation and other data developed by the Contractor under this contract.

The Contractor shall not duplicate or disclose in any manner, for any purpose whatsoever, or have or permit others to do so, any documentation or other data developed and/or obtained by the Contractor under this contract. Any publications, presentations and other release of information regarding this contract must be pre-approved by the Contracting Officer.

H.3 ACCESS TO FEDERAL BUREAU OF INVESTIGATION (FBI) LOCATIONS

Performance under this contract may require access to FBI locations to provide some service, product, or perform some other official function of interest to the FBI. Requirements, as identified below, including approval by the FBI's Security Division, must be satisfied prior to access. Contractors who will require escorted access, including short-term, intermittent, or infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, Background Data Information Form," (FD-816), a "Privacy Act of 1974 Acknowledgment Form" (FD-484) and two Fingerprint Cards (FD-258). Completed forms should be provided to the assigned Contracting Officer's Representative (COR) at least 10 days prior to required access.

H.4 CONTRACTOR SUITABILITY REQUIREMENT

Access to FBI facilities and information is subject to specific security and suitability requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and information access of any contractor employee determined by the FBI, at any time during performance, to be unsuitable for access and/or present a risk of compromising sensitive government information to which he or she would have access to under this contract.

Contractors will be allotted a reasonable amount of time, determined by the government, to replace the employee found not suitable for continued contract performance. Failure to replace the employee may result in a no cost termination for cause by the government.

H.5 DISRUPTION TO THE SCHEDULE

The Contractor shall notify the COR at any time when there is or may be a disruption of any type which would delay any deliveries under the schedule. Such notification shall be provided to the COR by telephone, as soon as the situation is known to the Contractor and shall be followed up in writing to both the COR and Contracting Officer within five (5) days.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/

A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS JUN 2020

AND REQUIREMENT TO INFORM EMPLOYEES

OF WHISTLEBLOWER RIGHTS

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL JAN 2017

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.212-4 CONTRACT TERMS & CONDITIONS – DEC 2022

COMMERCIAL PRODUCTS and COMMERICAL SERVICES

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL MAR 2023

BUSINESS SUBCONTRACTORS

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS and

COMMERICAL SERVICES (JUN 2023)

(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 products and commercial services:

(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 https://www.acquisition.gov/far/ 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(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 (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108- 78 (19 U.S.C. 3805 note)).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) 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 products and commercial services:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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).

___ (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).

https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (31 U.S.C.

6101 note).

XX (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 (Oct 2022) (15 U.S.C. 657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

___ (13) [Reserved]

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

644).

___ (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).

___ (ii) Alternate I (Mar 2020) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2020) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2020) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Jun 2020) of 52.219-9.

___ (v) Alternate IV (Sep 2021) of 52.219-9.

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

___ (ii) Alternate I (Mar 2020) of 52.219-13.

https://www.acquisition.gov/far/part-52#FAR_52_219_4

___ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Oct 2022) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Oct 2022) (15 U.S.C. 632(a)(2)).

___ (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 Concerns (Oct 2022) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

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

XX (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

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

XX (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

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

XX (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (ii) Alternate 1 (Feb 1999) of 52.222-26

XX (31) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate 1 (Jul 2014) of 52.222-35

XX (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate 1 (Feb 1999) of 52.222-26 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

___ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (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 (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.

___ (37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 US.C. 6962©(3)(A)(ii). Not applicable to the acquisition of commercially available off-the-shelf items.

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

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

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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).

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

https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9

XX (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).

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

___ (ii) Alternate I (Jan 2017) of 52.224-3.

XX (48) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

___ (ii) Alternate I (Oct 2022) of 52.225-1.

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43).

___ (ii) Alternate I [Reserved].

___ (iii) Alternate II (Dec 2022) of 52.225-3.

___ (iv) Alternate III (Jan 2021) of 52.225-3.

___ (v) Alternate IV (Oct 2022) of 52.225-3.

XX (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the 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. Subtitle A, Part V, Subpart G 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).

___ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021)(41 U.S.C 4505 10 U.S.C 3805)

XX (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C 4505 10 U.S.C 3805)

___ (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).

___ (62) 52.242-5, Payments 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 (Nov 2021) (46 U.S.C. 55305) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate I (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (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).

___ (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).

https://www.acquisition.gov/far/part-52#FAR_52_232_36

___ (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).

___ (7) 52.222-55, Minimum Wages for Contractor Under Executive Order 14026 (Jan 2022).

___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 this paragraph (e)(1) in a subcontract for commercial products and commercial services.

https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-52#FAR_52_215_2 https://www.acquisition.gov/far/part-4#FAR_Subpart_4_7

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 (Nov 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) 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,…