SGE50017R0050.pdf

Request for Proposal

Develop, provide, install, train and maintain a software application database for the National Center for Border Management of the Republic of Kosovo.

RFP No. SGE50017R0050

American Consulate General Regional Procurement Support Office (RPSO) Giessener Strasse 30 D-60435 Frankfurt am Main, Germany

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SGE50017R0050

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/12/2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Wilhelm Fleming

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL flemingwm@state.gov

8. OFFER DUE DATE / LOCAL

TIME

06/12/2017 14:00:00

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 236210

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

PRISTCODE15. DELIVER TO

AMERICAN EMBASSY PRISTINA

NAZIM HIKMET #30

ATTN: GSO

PRISTINA, 38000

KOSOVO

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR PRISTCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY PRISTINA

STR. NAZIM HIKMET, NO 30

ATTN: FINANCIAL MANAGEMENT OFFICE

PRISTINA, 10000

KOSOVO

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Damian Richard 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SGE50017R0050

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form

1.1 SCOPE OF SERVICES

1.2 PERFORMANCE WORK STATEMENT

1.3 MINIMUM TECHICAL SPECIFICATIONS FOR THE HARDWARE

1.4 TAX EXEMPTION

1.5 DEFENSE BASE ACT (DBA) INSURANCE

1.6 CONTRACTOR IDENTIFICATION

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

1.7 AUTHORITY OF CONTRACTING OFFICER

1.5 LIST OF ATTACHMENTS

2 Contract Clauses 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2017) 52.227-17 Rights in Data - Special Works (Dec 2007) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

2.1 ADDENDUM to DOSAR 652.242-73

3 Solicitation Provisions 52.204-6 Unique Entity Identifier (Oct 2016) 52.204-7 System for Award Management (Oct 2016) 52.212-1 Instructions to Offerors--Commercial Items (Jan 2017) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

3.1 ADDENDUM TO FAR 52.212-1 INSTRUCIONS TO OFERORS -- COMMERCIAL ITEMS (Oct 2016)

3.2 PROPOSAL DUE DATE

3.3 SUBMITTAL OF ELECTRONIC PROPOSALS

4 Evaluation Factors 52.212-2 Evaluation - Commercial Items (Oct 2014) 52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

4.1 EVALUATION FACTORS

5 Representations and Certifications 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 52.212-3 Offeror Representations and Certifications--Commercial Items (Jan 2017)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

5.1 Defense Base Act - Covered Contractor Employees under the Defense Base Act

Please note that this page (completed by the offeror) will be duplicated with a computer generated page showing both the amounts of the original proposal and fiscal data.

001 The development of Case - Request Management System for the National Center for Border Management (NCBM) of the Republic of Kosovo in accordance with the Statement of Work (SoW).

1.00 JB

To include software support with all necessary updates and upgrades for the first year after implementation of the software.

Doc Ref No:

Delivery Date FOB:

See Schedule

002 The development of Business Intelligence, Analysis and Visualization System for the National Center for Border Management (NCBM) of the Republic of Kosovo in accordance with the Statement of Work (SoW).

1.00 LS

To include software support with all necessary updates and upgrades for the first year after implementation of the software.

Doc Ref No:

Delivery Date FOB:

See Schedule

003 Purchase install and maintain the Hardware referenced in

1.3 of the contract for the first year after acceptance and implementation of the software.

1.00 JB

Doc Ref No:

Delivery Date FOB:

See Schedule

004 Training of the trainers and operators in accordance with the scope of work.

1.00 JB

Doc Ref No:

Delivery Date FOB:

See Schedule

005 OPTIONAL LINE ITEM: 1.00 JB

Extended maintenance to include updates and upgrades of the Software support for the second year as well as the hardware support of the equipment purchased under this contract for the same period.

Doc Ref No:

Delivery Date FOB:

See Schedule

006 OPTIONAL LINE ITEM:

Extended maintenance to include updates and upgrades of the Software support for the third year as well as the hardware support of the equipment purchased under this contract for the same period.

1.00 JB

Doc Ref No:

Delivery Date FOB:

See Schedule

007 Defense Base Act Insurance (DBA) for US Citizens or residences, or individuals hired in the US regardless of Citizenship (if Applicable)

1.00 LS

Doc Ref No:

Delivery Date FOB:

SGE50017R0050

Line Item Summary

Solicitation Number:

SGE50017R0050

Contract Number: Title: Pristina, Kosovo EXBS Software package

Date of Solicitation:

05/15/2017

Line Item No. Description Quantity Unit Unit Price Total Cost

See Schedule

008 Defense Base Act Insurance (DBA) for Local Nationals of third country Nationals (if Applicable)

1.00 LS

Doc Ref No:

Delivery Date FOB:

See Schedule

009 VALUE ADDED TAX 1.00 LS

Doc Ref No:

Delivery Date FOB:

See Schedule

Total Firm Fixed Price:______________________ (contract line items 001-009)

Currency of proposal:______________________

Summary Info Continuation Page

SGE50017R0050

Line Item Summary

Solicitation Number:

SGE50017R0050

Contract Number: Title: Pristina, Kosovo EXBS Software package

Date of Solicitation:

05/15/2017

Line Item No. Description Quantity Unit Unit Price Total Cost

Section 1- Solicitation/Contract Form

1.1 SCOPE OF SERVICES

A. The contractor shall develop, provide, install, train and maintain a software application database to be used by the National Center for Border Management (NCBM) of the Republic of Kosovo, in accordance with the Scope of Work attached hereto and made a part hereof.

B. The performance period for the software development, training of the staff, installation of hardware and acceptance of the system shall not exceed 6 months. Upon acceptance of the system the initial one year maintenance shall continue.

C. The contract resulting from this solicitation will be a firm-fixed-price contract.

D. The contract line item price(s) shall include all labor, materials, overhead, profit, subcontracting costs and transportation necessary to develope, provide, install and maintain the software application.

E. All prices shall be stated either in local currency, EURO or US Dollars. Final payment will be provided upon successful completion of the project.

1.2 PERFORMANCE WORK STATEMENT

Introduction

The National Center for Border Management (NCBM) is part of the Ministry of Internal Affairs (MIA) which is responsible for the Integrated Border Management (IBM) and the coordination of all the authorities operating in the Borders of the Republic of Kosovo.

The following are the authorities operating in the NCBM:

- Kosovo Police,

- Food and Veterinary Agency, and

- Kosovo Customs

The other law enforcement authorities are also part of the NCBM and together with the relevant units of the In-telligence and Risk Analysis, they create and interact in combating negative occurrences.

The NCBM request deals with the establishment of a case – request management system which, when received as information, should be sent to the relevant units for further action, and the grouping of all relevant analytical information from all the authorities, where some of the information should be exchanged in real time and they will assist in fighting crime and in coordinating actions.

The project in itself contains the development of:

- Case – Request Management System, and

- Business Intelligence, Analysis and Visualization System The NCBM is interested, in particular, in the system development expertise that contains Dashboards, Visualiz-ation of data and which are ranked as a leader in the Gartner Magic Quadrant.

Purpose The main purpose of the project is the interconnection of existing systems of all the IBM authorities in order to create analyses which would help fight negative occurrences, the creation of common risk profiles, as well as in the further advancement of the exchange of information.

Current situation The NCBM is the main coordination, communication, support and information center for all the border authorit-ies of Kosovo.

The NCBM does not possess its own system which manages numerous requests, but systems of IBM authorities are installed into a special computer, which, as such, work independently and do not enable the immediate inter-action for coordination and action needs, and as such, they make the proper functioning of this center im-possible.

CASE – REQUEST MANAGEMENT SYSTEM

The Case – Request Management System should have the possibility of initiating cases – requests for:

- Information which are received from citizens,

- Information or requests which are received for verification from the officials,

- Placement of information 5x5x5, and

- Placement of announcements.

Information which are received from citizens Cases that should be created after the receipt of the information from citizens, which can be received through:

- Portal – Webpage

- Confidential lines (land line)

- E-mail

- SMS

- Social networks

- Other methods or systems They should contain at least:

- The number of the case (it shall be determined in accordance with the authorities)

- The data of the official who has opened the case

- The data of the person who has presented the information (anonymous phone calls are also accepted)

• First and Last Name

• Personal number

• Phone number

- Description of the case

• Scope

• Location of the case

• Manner of travelFile Attachment (all formats)

• Type of vehicle (Bus, Truck, Van)

• License plates (web service)

• Color

• Type /model

• Local / Foreign

• Airplane

• Flight (description of the flight, such as Turkish, Pegasus, Germany, and so forth)

• Entrance / Exit

• Cargo

• Train

• (manual) Line

• On foot

• Other (with other possibilities of addition)

• Remarks

- Categorization of the case (for the agency)

• Responsible authorities of the case

• KP

• Commanding Center

• Regional Border Directorate

• Border Crossing Point

• Green Line

• FVA

• Regional Offices

• Border Offices

• Center

• KC

• Regional Directorates

• Regional Anti-Smuggling

• Internal Customs Offices

• Border Crossing Points

• Central Anti-Smuggling

• AKI

• FIU

• ALL (with the possibility of addition)

- Time

• Time of the receipt of the call / information

• Time of the opening of the case (from the system)

- Status of the case (Active / Passive)

- Report on the case (it should have metadata)

• The data of the official dealing with the case

• First and Last Name

• ID Card (of the agency)

- Time of the receipt of the information from the Authorities The information that is received by the operator of the center should be forwarded to the relevant authorities de-pending on the information received through the methods:

- Integrated portal

- Land line and mobile phones

- E-mail

- SMS

- Web service

Fields appearing upon the creation of the case should have the possibility of undergoing changes depending on the needs with the basic knowledge of the system.

The level of information security should have at least the following levels:

- The first level or the local level

- The second level or the regional level

- The third level or the central level The local level has the possibility of inserting information, announcements or reports in relation to the case and, as such, it is checked by the second level which should then approve the document in question In addition to checking and approving reports and information, the regional level has the possibility to see all the reports that have taken place in their region of responsibility.

The central level can proceed and analyze all the information from all the regions.

Information or requests which are received for verification from the officials The minimal information that the NCBM operator should request from the officials are:

- First and Last Name

- Phone number

- ID Card

- Authority

- Description of the request The system of presenting cases – requests should be built upon a platform that shall contain in itself the source code and that shall be based on one of the following technologies: .NET, ASP.NET, MS SQL, which shall, in the end, be handed over to the contracting authority, and all the other applications that are needed to change, supplement or advance the case management system should be foreseen and calculated in the offer.

The system in question should be easy to manage, easy to change, and it should have the possibility of creating security at different levels, including security levels within certain fields.

The approach to this system should have the possibility of interconnection with the Active Directory, E-mail, SMS Alert, and so forth.

The system should be established in three languages: Albanian, Serbian and English, including the manuals and technical documentation for the use of the system.

The training of officials for the management and administration of the system, inside or outside of Kosovo, in-cluding all the expenses and training, accommodation and travel costs, should be included in the offer price.

The support period should be 3 years and it should be calculated in the total price.

BUSINESS INTELLIGENCE, ANALYSIS and VISUALIZATION SYSTEM

The National Center for Border Management – NCBM – needs to interconnect among themselves the existing systems of the Ministry of Internal Affairs, Kosovo Police, Kosovo Customs, and the Food and Veterinary Agency.

The main purpose is the exchange of relevant information in real time and the interaction in common analyses, including the management of joint capacities of risk profiles.

The NCBM is, at the same time, the point of contact for all the authorities and other institutions inside and out-side the country, and it is going to be advanced even further with the new system.

The existing systems that are being used by the relevant institutions are developed systems and they operate in different platforms, such as: SO Windows, Oracle Linux, Java, .NET, C#, ASP.net, Microsoft SQL, Oracle DB, and so forth, and those institutions are:

- Ministry of Internal Affairs

• Civil status system - CS

• ID cards system - ID

• Passport system

• Driver’s license system - DL

• Vehicle registration system –

• Citizenship, Asylum and Migration System – DCAM

• Visa system - KVIS

• Arms system – SAKONS

- Kosovo Police - KP

• Border Management System – BMS

• Kosovo Police Information System – KPIS

• I2 Base System

- Food and Veterinary Agency - FVA

• Animal identification and registration system - Intertrace

• Application for internal and border inspections.

- Kosovo Customs - KC

• Customs procedure system – ASYCUDA

• Information exchange system with neighboring countries – SEED

• Law implementation system – LEIT

• Criminal register data

• Information on confiscations

• Data on anti-smuggling road stops

• Document management system – NUXEO

• Customs offences

All the above-mentioned systems should be interconnected in order to create Dashboards, reports, bases for ana-lyses and all of these should be presented visually.

The company that implements the BI system should, in cooperation with the NCBM officials, create at least 100 different reports which would be automatically supplemented with notes.

The Business Intelligence (BI) should be a contemporary (next-generation) solution, which shall contain at least:

- The platform should be based on IN-MEMORY.

- Smart visualization with the innovative technique to understand the data.

- Smart search, the use of key words in all the data.

- Strong capability for data integration, enabling the joining and transformation of numerous sources of data with no need for external applications or data warehouse.

- Virtual connection and integration of every source of notes, including the bases of notes (MS SQL, Or-acle), operating systems and internet sources.

- A centralized model, flexibility based on security rules that offers adjustment and powerful protection for all the fields of the BI system.

- System administrators should be enabled to determine security rules for actions according to the user, en-vironment and sources in all the fields of the BI system.

- The accuracy and consistency of the data for analysis.

- The level of access to information in lines and columns, split into small and dynamic parts.

- It should possess a console for the development and management in order to change and advance the per-formance.

- It permits a larger number of concurrent users in numerous sources of notes, high speed and dynamics in the calculation of the performance.

- The BI platform should have access to the web, as well as possibilities to be used in the mobile equip-ment.

- It should fully adjust to the unique needs of our authorities.

- The use of the standard technology for development, such as: HTML5, JavaScript and .NET.

- The export of data in PDF, Excel, and so forth.

- The exchange of reports with colleagues and groups.

- The report creation and analyses.

- Users should be managed locally or with the Active Directory.

- The web client part of the solution should be designed in "Mobile First" design paradigm so that an inter-face is web responsive and best adjust to different device screen factors (tablet, phone). In addition it should work well on touch devices in particular it should enable not only analysis consumption but also authoring on mobile devices.

- All that should be possible directly in web browser without necessity to install native mobile client.

- Charts and other visual analysis components should be interactive (eg. possibility of lasso selection) without any additional browsers plugins. They should be realized in standard HTML5 (eg. HTML5 canvas).

- Solution should have in-built capabilities for measuring usage and performance of applications.

- Communication between web browser and web server should utilize edge modern full-duplex communic-ation channels (such as WebSocket protocol).

- User should be able to see selected data and also data relations to not selected data and easily switch view on data between those selections and data sets.

- Solution should provide an comprehensive javascript API on order to easily extend the product (create new visualizations eg. withD3.js library). It should also provide javascript API to easily embed analytical con-tent in third party applications (eg. web portal) without use if <iframe> html tag.

- Smart search should be capable for searching through whole data set in application including field names and content of each field.

The BI platform shall be used by:

- 8 operators – report developers, and

- 50 operators – monitors, readers of analyses and reports The professional training (train the trainer) of at least 8 officials in the report creation and system management, and the travel and accommodation expenses should be included in the total price.

The second level training should be held in Kosovo, where at least 50 officials would be trained.

The system should be established in three languages: Albanian, Serbian and English, including the manuals and technical documentation for the use of the system.

The support period should be 3 years including updates, upgrades and it should be calculated in the total price.

1.3 MINIMUM TECHICAL SPECIFICATIONS FOR THE HARDWARE

The following are the minimum techincal specifications required for the hardware that is to be provided and in-stalled under this contract, a detailed specification sheet is to be submitted together with the solicitation pack-age.

TECHNICAL SPECIFICATIONS FOR THE HARDWARE

2 each, RACK MOUNTED SERVERS:

Processors: Minimum 2 (Two) Intel® Xeon® E5-2660 v3 (2.6GHz/10 core, 25MB, 105W) Memory: 128 GB Single Rank x4 DDR4-2133 HDD: 2x300GB 12G SAS 15K 2.5in HDD and 6x600GB 12G SAS 15K 2,5in HDD Storage Controller: Internal SAS Controller with 2GB FBWC 12Gb 2-ports Network Controller: Integrated 1Gb Ethernet controller with 4-ports Operating Systems and Virtualization Software Support:

• Microsoft Windows Server

• Canonical Ubuntu

• Red Hat Enterprise Linux (RHEL)

• SUSE Linux Enterprise Server (SLES)

• Oracle Solaris

• VMware

• Citrix XenServer

Power Supply: 2 (Two) Redundant Hot Plug Power Supply Form Factor: Rack (2U) with Install Rail Kit included Warranty: 3 Year 24x7 hardware and software support

SPARE PARTS RELATED TO SERVER

Spare Parts:

• 2 x Hot Plug Power Supply

• 4 x 600GB 12G SAS 15K 2.5in HDD

• 2 x 32GB Single Rank x4 DDR4-2133

1.4 TAX EXEMPTION

The offeror/bidder is to include the Value Added Tax (VAT) in the appropriate line item, unless he can provide RPSO a copy of the official VAT exemption document together with the solicitation from the host country.

Without a Value Added Tax (VAT) exemption, the contractor shall be responsible for paying to the appropriate authority, the applicable rate of Value Added Tax. Offerors shall identify Value Added Tax (VAT) as a separ-ate line item in pricing Section. The VAT shall also be reflected as a separate cost item on all invoices submit-ted un- der the resulting contract. The Contractor will be reimbursed for VAT only to the extent contractor provides documentary proof that VAT has been paid to the host government. Any refund of VAT to the con-tractor shall be paid over to the Government to the extent the Government reimbursed the contractor for the VAT payment.

1.5 DEFENSE BASE ACT (DBA) INSURANCE

1.3.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$3,500.00. Only the countries listed currently on the Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas. (See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative work-er’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

1.3.2 The DBA insurance may be obtained from any authorized DBA insurance broker, see Section 2 FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984). New DBA in-surances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm

1.3.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the contract line items.

1.6 CONTRACTOR IDENTIFICATION

Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.

Contractor personnel must take the following actions to identify themselves as non-federal employees when us-ing the US Government Email system:

1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.“John Smith, Office of Human Resources, ACME Corporation Support Contractor”);

2) Clearly identify themselves and their contractor affiliation in meetings;

3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and

4) Contractor personnel may not utilize Department of State logos or indicia on business cards.

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR is the EXBS Adviser .

(End of clause)

1.7 AUTHORITY OF CONTRACTING OFFICER

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate au- Thorized representatives to act for the Contracting Officer, as specifically provided in the designation of that in-dividual.

CONTRACT ADMINISTRATION DATA (07/01)

Contracting Officer: Fabiola A. Bellevue Contract Administrator: Wilhelm M. Fleming Telephone Number: +49-69-7535-3338 Email: FlemingWM@State.gov US First Class Mailing: U.S. Department of State

Regional Procurement Support Office - Frankfurt Unit 7900, Box 6000

DPO AE 09213

International/European mail or Courier or Hand Delivery:

U.S. Department of State American Consulate General Frankfuret Regional Procurement Support Office Frankfurt (RPSOFR) Giessenerstrasse 30 D-60435 Frankfurt am Main, Germany

Contracting Officer's Represantive (COR): To Be Specified at Contract Award

Identifier Title Date Number of Pages

1.5 LIST OF ATTACHMENTS

NONE

Section 2- Contract Clauses

Clause Title

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2017)

(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 ac-quisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 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 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

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

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

[ X ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

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

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

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

[ X ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved].

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

(ii) Alternate I (Nov 2011) of 52.219-3.

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

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

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

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

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

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

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

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

(v) Alternate IV (Nov 2016) of 52.219-9.

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

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

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

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

657 f).

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

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

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

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

[ X ] (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

[ X ] (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

[ X ] (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

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

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

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

13496).

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

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

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as pre-scribed in 22.1803.)

(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

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

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of com-mercially 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 Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

[ X ] (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.

[ X ] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

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

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

[ X ] (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes ad-ministered 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. 2302 Note).

[ X ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

5150).

(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) (31 U.S.C.

3332).

(58) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

(62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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

(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 pro-visions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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

chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transac-tions 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 dis-putes 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 Con-tractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcon-tracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in ac-cordance with paragraph (l) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

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

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefin-itely as of the date of the order. The enjoined paragraph will become effective immediately if the court termin-ates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register ad-vising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

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

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.227-17 Rights in Data - Special Works (Dec 2007)

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

"Data" means recorded information, regardless of form or the media on which it may be recorded. The term in-cludes technical data and computer software. The term does not include information incidental to contract ad-ministration, such as financial, administrative, cost or pricing, or management information.

"Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of Rights.

(1) The Government shall have--

(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause.

(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to ob-tain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause.

(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.

(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.

(c) Copyright--

(1) Data first produced in the performance of this contract.

(i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and ac-knowledgment of Government sponsorship (including contract number) to the data when delivered to the Gov-ernment, as well as when the data are published or deposited for registration as a published work in the U.S.

Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonex-clusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.

(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first pro-duced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.

(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this con-tract, nor authorize others to do so, without written permission of the Contracting Officer.

(e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regula-tions to participate in the defense of the claim or suit, and obtains the Contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and…