SF 1449 - N0017324Q5248.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Section A - Solicitation/Contract Form

FT-IR HYPERION MICROSCOPE PKG

Proposal Identifier: N0017324Q5248 Date: 12 Jun 2024

N0017324Q5248

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

External Measurement Channels

A670_HYPII/A-R

External transfer optics and mechanics for the adaptation of HYPERION II to the right side of the spectrometer including the electronic adaptation E550/A Required: A171/x-R right side beam exit MFR: Bruker Scientific

Manufacturer's Part Number: A670_HYPII/A-R Product Service Code: 6640 Signal Code: A Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

1 Each

Air Flow Meter S316/V Air flow meter with control valve for purge.

Requires supply of dry air or nitrogen MFR: Bruker Scientific

Manufacturer's Part Number: S316/V Product Service Code: 6640 Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

1 Each

Hyperion Microscope

HYP_II

The HYPERION II is a high-end research FT-IR microscope that can be equipped with Focal plane array Imaging detectors as well as the latest Quantum Cascade Laser (QCL)-based Imaging technology The IR-Laser Imaging Module (ILIM) enables a completely new approach for designing highly efficient MIR micro-spectroscopic experiments and opens the path to never seen before applications at unprecedented IR imaging speeds. HYPERION II merges the power of QCL Imaging and FT-IR's uncompromised access to full spectral sample information within one microscope.

With optical pathways optimized for maximum efficiency, and fastest data evaluation, based on a 64-Bit system with in-memory processing, the HYPERION II Imaging microscopes deliver state-of-the-art performance. A wide range of detector and objective options opens unlimited possibilities for any IR microscopic application.

With the available broad range of optical components, such as beam splitters, detectors and light-sources it is possible to extend the spectral range far beyond MIR into FIR and NIR/Vis.

The innovative 3.5x IR lens objective is the perfect fit for the investigation of large samples such as particles on a filter or biological tissue sections.

The included LN-MCT provides highest sensitivity for single-point measurements and IR mapping.

Optionally, a thermoelectrically cooled MCT allows measurements without the need for liquid nitrogen (LN) with far superior sensitivity compared to room temperature detectors.

Our intuitive OPUS software guides the operator step by step through the microscopic analysis and provides a comprehensive set of modern algorithms for effective data evaluation, visualization, and reporting.

Package consisting of:

- HYPERION II, FT-IR Microscope

- 15x Cassegrain objective for visual and infrared spectroscopic sample analysis

- 4x glass-objective for visible sample inspection

- IR and visible illumination optics for reflection observation and measurement

- Simultaneous IR measurement and visible observation in reflection mode

- LED illumination for reflection (low power consumption and low thermal load)

- Mid-band MCT detector (10,000-600cm-1), liquid-N2-cooled, with Preamplifier

- Transparent knife edge aperture to define the spatial resolution of the MCT detector

- Video camera port with digital high-resolution camera (Fast CMOS camera; 2592 x 1944; 5 MP; 1/2.5" camera size)

- Motorized xy sampling stage for fully automated mapping and imaging measurements in all measurement modes; adjustment range: 75mm x 50mm; adjustment accuracy (=smallest step size): 0.1m; repeatability:

<1m.

- Joystick for xyz-control - Permanent monitoring of all essential spectrometer components, system performance and humidity - Internal validation unit for automated instrument qualification tests with reference standards - OPUS/Video software with a special GUI guiding the operator through the sample inspection and data acquisition procedure

- OPUS/3D for data processing, evaluation and visualization

- OPUS/MAP software for control of the motorized xyz-stage

Included accessories:

- Objective micrometer - Insertion plate for motorized stage to perform automated background measurements in transmission (transmission channel A632/HYPII+ required), reflection and ATR (ATR objective (A677-x10) required) and to perform automated OQ/PQ tests

Required:

- Specific adaption of the base instrument, adapter A670/x (may require A171/x)

- S316/x Purge-flow controller for dry air purge of the spectrometer and microscope

- Data system with MS Windows 10, OPUS 8.7 or better, recommended CS81/29x (operation via integrated touch panel not supported). Please refer to current PC-requirements document.

- The data system requires one full-sized PCI slot for insertion of the stage control board and an USB 3.0 port for the video camera

Options:

- A632/HYPII+ IR and visible transmission optics, including 15x Cassegrain condenser and condenser mount, simultaneous IR/VIS measurement /observation

- A671 Binoculars with adjustable eyepiece for visual inspection to the front of the microscope (only with order of new instrument)

- A677-x10 dedicated 20x ATR objective

- A673-FA Automatic focus assembly

- A677-MAX ATR Sphere for sticky and brittle samples (A597-20 required)

- A694 sample stage enclosure to create stable environmental conditions

- Second detector position (A605 and A616 or A616-1)

- D314/HYPII Mid-band TE-MCT (6,000-670cm-1), thermoelectrically cooled with preamplifier

- A686 Aluminum mirrors for FT-IR measurements in the NIR/VIS region (only

1 Each available with the order of new instrument) Upgrade to FPA or IR Laser-Imaging (QCL) feasible

MFR: Bruker Scientific

Manufacturer's Part Number: HYP_II Product Service Code: 6640 Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

Microscope

A632/HYPII+

Transmission channel for HYPERION II Addition of visible and IR transmission optics for new systems.

Allows visual sample inspection and IR measurements in transmission mode.

Includes 15x condenser and adjustable mount, adjustment aperture and visible LED illumination.

Only available with order of instrument

OPUS Spectroscopy Software

5 O/MAP+

OPUS/MAP, software package for control of x-y sample stages

O/VID+

OPUS/VIDEO, Software package for video-interactive measurements:

- control for data acquisition of IR/Raman spectra and visible/video images

- control of IR/Raman microscope functionality

- automated mapping of irregular, line and rectangular grids

- live view of spectra before measurement

- acquisition and assembling of overview images

- data storage of spectra, IR/Raman images, visible images and annotations within one file MFR: Bruker Scientific

Manufacturer's Part Number: A632/HYPII+ Product Service Code: 6640 Signal Code: A Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

1 Each

Software Upgrade

O/MAJ_UP

Upgrade of OPUS licenses which are one major version number below the latest OPUS version released for this spectrometer configuration.

Includes all OPUS software packages and Bruker spectral libraries that are registered in the original license.

Excludes spectral libraries that are dongle-protected (from vendors other than Bruker) Example: if the latest released OPUS version is X.9, all OPUS licenses with major version number (X-1) are qualified for this upgrade and will be upgraded to version X.9.

Note: software upgrades require compatible versions of operating system and firmware, as well as compatible hardware. Bruker assumes no liability for such compatibility, except if it is approved by Bruker service in advance. For upgrade of validated spectrometers, additional certified service and a corresponding validation manual S010/xxx are mandatory. In general it is highly recommended that software upgrades are carried out by Bruker certified service technicians.

Note: 32 Bit Microsoft Office versions are not compatible with OPUS and must not be installed on the same computer. Bruker does therefore take no liability for this unsupported software

1 Each combination.

Required: OPUS license one major version below latest released version for this spectrometer configuration MFR: Bruker Scientific

Manufacturer's Part Number: O/MAJ_UP Product Service Code: 7B22 Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

Data System

CS81/29

Data System, High-Performance Specifications:

- Intel i7 processor, 8 x 3.0 GHz (or better)

- 64GB RAM

- 256GB SSD or better

- 1TB Hard Drive or better

- CD/DVD writer

- 23.8" min. TFT display

- 2 or more USB 3.0, 4 or more USB 2.0 (or better); 2x RJ-45 Network; 2 DisplayPort; Line-in (stereo/microphone), Line-out (headphone/speaker) - 1x PCIe 16x

- 1x PCIe 4x

- 1x PCIe 1x

- Operating System: Windows 10 Enterprise Required: Opus 7.8 or higher MFR: Bruker Scientific

Manufacturer's Part Number: CS81/29 Product Service Code: 6640 Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

1 Each

Service and Support S941-U1 On-site Professional Service (Daily Rate) (Does not include parts and travel charges MFR: Bruker Scientific

Manufacturer's Part Number: S941-U1 Product Service Code: DA01 Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

1 Job

Travel Charge S962 MFR: Bruker Scientific

Manufacturer's Part Number: S962 Product Service Code: 6640 Signal Code: A Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

1 Job

Freight

Internal Number: FREIGHT Product Service Code: 6640 Signal Code: A Requesting Organization: B.SIMPKINS Pricing Arrangement: Firm Fixed Price

1 Each

Section C - Description/Specifications/Statement of Work

Requirements FT-IR Microscope Pkg with Installation and Training

Section D - Packaging and Marking

Section E - Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Inspection and Acceptance Location

Both Destination Instructions: POC: Blake Simpkins

DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Section F - Deliveries or Performance

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule QTY Address and POC Special Handling/Notes

Delivery Requested By Delivery Date 28 Jun 2024

1 Each Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

FoB Details Contractor Destination

Delivery Requested By Delivery Date 28 Jun 2024

1 Each Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

FoB Details Contractor Destination

Delivery Requested By Delivery Date 28 Jun 2024

1 Each Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

FoB Details Contractor Destination

Delivery Requested By Delivery Date 28 Jun 2024

1 Each Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

FoB Details Contractor Destination

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Delivery Requested By Delivery Date 28 Jun 2024

1 Each Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

FoB Details Contractor Destination

Delivery Requested By Delivery Date 28 Jun 2024

1 Each Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

FoB Details Contractor Destination

Delivery Requested By Delivery Date 28 Jun 2024

Period of Performance From 14 Jun 2024 To 13 Jun 2025

1 Job Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

Delivery Requested By Delivery Date 28 Jun 2024

Period of Performance From 14 Jun 2024

1 Job Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

To 13 Jun 2025

Delivery Requested By Delivery Date 28 Jun 2024

1 Each Ship To DoDAAC: N00173 CountryCode: USA

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON DC 20375-5328

WASHINGTON, DC 20375-5328

UNITED STATES

Receiving Officer, Bldg 49 Receiving Telephone: 202-767-3601

FoB Details Contractor Destination

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

INVOICE

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

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

INVOICE

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

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

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732

Issue By DoDAAC N00173

Admin DoDAAC N00173

Inspect By DoDAAC N/A

Ship To Code N00173

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N00173

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

JOANNE CHARTERS JOANNE.CHARTERS.CIV@US.NAVY.MIL

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-17 Contractor Employee Whistleblower Rights. Nov 2023 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.222-3 Convict Labor. Jun 2003 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.244-7001 Alternate I Contractor Purchasing System Administration. (Alternate I) May 2014 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System. Jan 2023 252.246-7008 Sources of Electronic Parts. Jan 2023

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Feb 2024

As prescribed in , insert the following clause:12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024)

(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 (section 743 of Division E, Title VII, (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(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:

[ .]Contracting Officer check as appropriate

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

52.203-13(2) , Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(Nov 2021)

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

(4) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10(5) , Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(Jun 2020)

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

(9) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(ii) Alternate I of 52.204-30.(Dec 2023)

52.209-6(12) , Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov (31 U.S.C. 6101 note).2021)

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(Oct 2018)

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).Oct 2022

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference, Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

(ii) Alternate I of 52.219-6.(Mar 2020)

(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

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

(20) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).Feb 2024

(21)

(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023

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

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

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

(v) Alternate IV ( ) of 52.219-9.Sep 2023

(22)

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

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

(23) 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).Oct 2022

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(Sep 2021)

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Feb 2024

(ii) Alternate I of 52.219-28.(Mar 2020)

(27) 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)).

(28) 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 ( ) (15 U.S.C. 637(m)).Oct 2022

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(Mar 2020)

(30) 52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(Sep 2021)

52.222-3(31) , Convict Labor (E.O.11755).(Jun 2003)

52.222-19(32) , Child Labor-Cooperation with Authorities and Remedies .(Feb 2024)

52.222-21(33) , Prohibition of Segregated Facilities .(Apr 2015)

(34)

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

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

(35)

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

(ii) Alternate I of 52.222-35.(Jul 2014)

(36)

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

(ii) Alternate I of 52.222-36.(Jul 2014)

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

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(Dec 2010)

(39)

(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)

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

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

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

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(Jun 2016)

(44)

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

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

(45)

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

(ii) Alternate I (Jun2014) of 52.223-14.

(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(May 2020)

(47)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(Oct 2015)

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

(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(Jun 2020)

(49) 52.223-20, Aerosols (E.O. 13693).(Jun 2016)

(50) 52.223-21, Foams (Jun2016) (E.O. 13693).

(51)

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

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

(52)

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

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

(53)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 of 52.225-3.( 2022)Dec

(iv) Alternate III of 52.225-3.(Feb 2024)

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

(54) 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(NOV 2023) et seq

(55) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (Feb 2021) Assets Control of the Department of the Treasury).

(56) 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).

(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

(59) 52.229-12, Tax on Certain Foreign Procurements .(Feb 2021)

(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

52.232-33(62) , Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(Oct2018)

(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(64) 52.232-36, Payment by Third Party (31 U.S.C. 3332).(May 2014)

(65) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(Aug 1996)

(66) 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(Jan 2017)

(67)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)

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

(iii) Alternate II of 52.247-64.(Nov 2021)

(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 (41 U.S.C. chapter67).(Aug 2018)

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(May 2014)

(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) ( 29U.S.C.206 and 41 U.S.

C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record 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 or commercial services. 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 (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(B) Alternate I of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting Feb 2024 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.

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

(x) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2015)

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

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

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(May 2022)

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

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(xxii)

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. Feb 2024

As prescribed in , insert the following clause:19.309(c)(1)

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

(a) . As used in this clause-Definitions

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

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, Affiliates or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

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

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

(3) For long-term contracts-

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

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

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

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

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

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

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

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

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

(2) [ .] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause that it is, is not, a small…