Solicitation - FA480021Q0003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 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 NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

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 Govt. 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: 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

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. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE 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)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA480021Q0003

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

INSPECTION & PREVENTIVE

MAINTENANCE MANUAL HOISTS

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

52 Each

Option Line Item

INSPECTION & PREVENTIVE

MAINTENANCE OVERHEAD CRANES

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

48 Each

REPAIR CRANES & HOISTS Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes /Hoists Inspection, Maintenance and Repair Services in accordance with the

PWS.

Product Service Code: J049 Firm Fixed Price

1 Lot

Option Line Item

Inspection & Preventive Maintenance Manual Hoist Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

52 Each

Option Line Item

INSPECTION & PREVENTIVE

MAINTENANCE OVERHEAD CRANES

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

48 Each

Option Line

INSPECTION & PREVENTIVE

MAINTENANCE OVERHEAD CRANES

Provide all supervision, personnel, equipment, transportation, material, and

Item other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

1 Lot

Option Line Item

INSPECTION & PREVENTIVE

MAINTENANCE MANUAL HOISTS

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

52 Each

Option Line Item

INSPECTION & PREVENTIVE

MAINTENANCE OVERHEAD CRANES

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

48 Each

Option Line Item

REPAIR CRANES & HOISTS Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes /Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

1 Lot

Option Line Item

INSPECTION & PREVENTIVE

MAINTENANCE MANUAL HOISTS

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

52 Each

Option Line Item

INSPECTION & PREVENTIVE

MAINTENANCE OVERHEAD CRANES

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

48 Each

Option Line Item

REPAIR CRANES & HOISTS Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes /Hoists Inspection, Maintenance and 1 Lot

3003 Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

Option Line Item

INSPECTION & PREVENTIVE

MAINTENANCE MANUAL HOISTS

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J069 Firm Fixed Price

52 Each

Option Line Item

INSPECTION & PREVENTIVE

MAINTENANCE OVERHEAD CRANES

Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes/Hoists Inspection, Maintenance and Repair Services at Fort Eustis in accordance with the PWS.

Product Service Code: J049 Firm Fixed Price

48 Each

Option Line Item

REPAIR CRANES & HOISTS Provide all supervision, personnel, equipment, transportation, material, and other items and services necessary to perform Cranes /Hoists Inspection, Maintenance and Repair Services in accordance with the

PWS.

Product Service Code: J049 Firm Fixed Price

1 Lot

Description/Specifications/Statement of Work

Requirements The contractor shall provide all management, tools, supplies, equipment, labor and other items necessary to perform inspections and load tests to ensure reliable and continuous safe operation of all cranes and hoists listed in Technical Exhibit A. The work shall be in accordance with manufacturers specifications and shall be intended to maintain the cranes and hoists equipment in safe and reliable operating condition. The contractor shall prepare and maintain a current preventive maintenance schedule that includes the annual inspection and load test, if required, for all cranes and hoists equipment in this Performance Work Statement.

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: janice.m.mcghee2.civ@mail.mil Telephone: 757-878-4134

Option Line Item 0002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: janice.m.mcghee2.civ@mail.mil Telephone: 757-878-4134

0003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: janice.m.mcghee2.civ@mail.mil Telephone: 757-878-4134

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: 757-878-4134 Telephone: 757-878-4134

Option Line Item 1002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: 757-878-4134 Telephone: 757-878-4134

Option Line Item 1003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: 757-878-4134 Telephone: 757-878-4134

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: janice.m.mcghee2.civ@mail.mil Telephone: 757-878-4134

Option Line Item 2002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: janice.m.mcghee2.civ@mail.mil Telephone: 757-878-4134

Option Line Item 2003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Email: janice.m.mcghee2.civ@mail.mil Telephone: 757-878-4134

Option Line Item 3001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Telephone: 757-878-4134 Email: janice.m.mcghee2.civ@mail.mil

Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Telephone: 757-878-4134 Email: janice.m.mcghee2.civ@mail.mil

Option Line Item 4002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Telephone: 757-878-4134 Email: janice.m.mcghee2.civ@mail.mil

Option Line Item 4003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2Q304 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

733 MSG CED CEO

AF BPN NO MILSBILLS

PROCESSES

1407 WASHINGTON BLVD RM 110

FORT EUSTIS, VA 23604 1283

UNITED STATES

OfficeCode:

Janice Mcghee Telephone: 757-878-4134 Email: janice.m.mcghee2.civ@mail.mil

Deliveries or Performance

Contractor Destination

Delivery Schedule

Period of Performance From

01 APR 2021

To

31 MAR 2022

Option Line Item 0002 Delivery Schedule

Period of Performance From

01 APR 2021

To

31 MAR 2022

Delivery Schedule

Period of Performance From

01 APR 2021

To

31 MAR 2022

Option Line Item 1001 Delivery Schedule

Period of Performance From

01 APR 2022

To

31 MAR 2023

Option Line Item 1002 Delivery Schedule

Period of Performance From

01 APR 2022

To

31 MAR 2023

Option Line Item 1003 Delivery Schedule

Period of Performance From

01 APR 2022

To

31 MAR 2023

Option Line Item 2001 Delivery Schedule

Period of Performance From

01 APR 2023

To

31 MAR 2024

Option Line Item 2002 Delivery Schedule

Period of Performance From

01 APR 2023

To

31 MAR 2024

Option Line Item 2003 Delivery Schedule

Period of Performance From

01 APR 2023

To

31 MAR 2024

Option Line Item 3001 Delivery Schedule

Period of Performance From

01 APR 2024

To

31 MAR 2025

Option Line Item 3002 Delivery Schedule

Period of Performance From

01 APR 2024

To

31 MAR 2025

Option Line Item 3003 Delivery Schedule

Period of Performance From

01 APR 2024

To

31 MAR 2025

Option Line Item 4001 Delivery Schedule

Period of Performance From

01 APR 2025

To

31 MAR 2026

Option Line Item 4002 Delivery Schedule

Period of Performance From

01 APR 2025

To

31 MAR 2026

Option Line Item 4003 Delivery Schedule

Period of Performance From

01 APR 2025

To

31 MAR 2026

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clauseâ?? 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 shallâ?? 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 Protocol. WAWF methods of document submission.

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

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.

N/A

(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.

Combo

(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 item financing, submit a commercial item financing request.

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

(f) [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 WAWF when Document routing.

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 F87700

Issue By DoDAAC FA4800

Admin DoDAAC FA4800

Inspect By DoDAAC F2Q304

Ship To Code F2Q304

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F2Q304

Service Acceptor (DoDAAC) F2Q304

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

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 activitys WAWF point of contact.

Contracting Specialist

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

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

(End of clause)

Special Contract Requirements

Contract Clauses

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

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

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

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

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

Covered telecommunications equipment or services means-

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

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

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

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

Critical technology means-

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

252.232-7007 Limitation of Government's Obligation.

As prescribed in 232.705-70 , use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) [Contracting Officer insert after negotiations] is fully funded for base year. For this /these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract.

The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item

(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract

(month) (day), (year)

252.237-7023 Continuation of Essential Contractor Services.

As prescribed in 237.7603(a), use the following clause:

CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. As used in this clause-

(1) "Essential contractor service" means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) "Mission-essential functions" means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. These services are listed in the Performance Work Statement paragraph 3.2. Mission-Essential Contractor Services, dated 30 July 2020.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer.

The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

(End of Clause)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (DEVIATION 2018-O0021)

In lieu of the clause at FAR 52.212-5, use the following clause in solicitations and contracts when utilizing FAR part 12 procedures for the acquisition of commercial items and the clause logic capability available in the Standard Procurement System.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS

(DEVIATION 2018-O0021) (SEP 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

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

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

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

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

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

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

(xiii)(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).

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

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

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

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

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

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

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

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

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

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

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

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

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

Alternate I (2018-O0021) (SEP 2018). As prescribed in 12.301(b) (4)(i), delete paragraph (a) from the basic clause, redesignate paragraph (b) (1) as paragraph (a), and redesignate paragraphs (b) (1) (i) through (b) (1) (xiv) as paragraphs (a) (1) through (a) (14) and redesignate paragraph (b)(2) as paragraph (b).

Alternate II (2018-O0021) (SEP 2018). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (a)

(1) and (b)(1) for paragraphs (a)(1) and (b)(1) of the basic clause as follows:

(a)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to--

(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than--

(i) Paragraph (a) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (a)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (b)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

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

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(C)Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)(Section 1634 or Pub. L. 115-91).

(D) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(E) 52.222-1, Prohibition on Segregated Facilities (Apr 2015)

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

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

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

(I) 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.

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

(K)__(1) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. Chapter 78 and E.O. 13627).

__(2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. Chapter 78 and E.O. 13627).

(L) 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).

(M) 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).

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

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

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

(Q)(1) 52.224-3, Privacy Training (Jan 2017)(5 U.S.C. 552a).

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

(R) 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).

(S) 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.

(T) 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.

FAR Clauses Incorporated by Reference

Number Title Effective Date

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

2020-06

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-6 Deviation 2020-O0008 Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008) 2020-03 52.232-17 Interest. 2014-05 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-

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

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(AUG 2020)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) 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)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities (Section 1634 of Pub. L. 115-91).(JUL 2018)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic…