Solicitation - FA805123R0005.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Created On: 18 Aug 2023, 02:44 PM Central Standard Time

Section A - Solicitation/Contract Form

RADAS Software Sustainment

Proposal Identifier: FA805123R0005 Date: 18 Aug 2023

FA805123R0005

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Labor

0001AA

Funding Only for Labor

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

12 Months

Travel

0002AA

Funding Only for Travel $2500/NTE Cost Constraint

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item 0003 Labor - Option Year 1

Option Line Item

0003AA

Funding Only for Labor - Option Year 1

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item 0004 Travel - Option Year 1

Option Line Item

0004AA

Funding Only for Travel - Option Year 1 $2500/NTE Cost Constraint

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item 0005 Labor - Option Year 2

Option Line Item

0005AA

Funding Only for Labor - Option Year 2

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item 0006 Travel - Option Year 2

Option Line Item

0006AA

Funding Only for Travel - Option Year 2 $2500/NTE Cost Constraint

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item 0007 Labor - Option Year 3

Option Line Item

0007AA

Funding Only for Labor - Option Year 3

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item 0008 Travel - Option Year 3

Option Line Item

0008AA

Funding Only for Travel - Option Year 3 $2500/NTE Cost Constraint

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item 0009 Labor - Option Year 4

Option Line Item

0009AA

Funding Only for Labor - Option Year 4

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

12 Months

0010 Travel - Option Year 4

Option Line Item

0010AA

Funding Only for Travel - Option Year 4 $2500/NTE Cost Constraint

Product Service Code: DA01 Weapon System Code: 000 Pricing Arrangement: Firm Fixed Price

1 Lot

Section C - Description/Specifications/Statement of Work

See Attachment 1 - Performance Work Statement (PWS), dated 14 August 2023

Requirements RADAS Software Sustainment

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. Aug 1996

Overall Contract Inspection/Acceptance Locations

0001AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

0002AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

Option Line Item

0003AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

Option Line Item

0004AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

0005AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

Option Line Item

0006AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

Option Line Item

0007AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

Option Line Item

0008AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

Option Line Item

0009AA

Inspection and Acceptance Location

Both Destination

Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

Option Line Item

0010AA

Inspection and Acceptance Location

Both Destination Instructions: There are no special instructions at this time.

DoDAAC: F4ATA7 CountryCode: USA

F4ATA7 AFCEC READINESS

AF NO MILSBILLS PROC CP, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5325

UNITED STATES

Section F - Deliveries or Performance

Line Item Delivery Schedule Quantity Address and POC

0001AA

Delivery Schedule 12 Months As Required 12 Month

12 Months Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

0002AA

Delivery Schedule 1 Lot As Required 365 Calendar Days

1 Lot Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

Option Line Item

0003AA

Delivery Schedule 12 Months As Required 12 Month

12 Months Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

Option Line Item

0004AA

Delivery Schedule 1 Lot As Required 365 Calendar Days

1 Lot Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

Option Line Item

0005AA

Delivery Schedule 12 Months As Required 12 Month

12 Months Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

Option Line Item

0006AA

Delivery Schedule 1 Lot As Required 365 Calendar Days

1 Lot Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

0007AA

Delivery Schedule 12 Months As Required 12 Month

12 Months Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

Option Line Item

0008AA

Delivery Schedule 1 Lot As Required 365 Calendar Days

1 Lot Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

Option Line Item

0009AA

Delivery Schedule 12 Months As Required 12 Month

12 Months Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

Option Line Item

0010AA

Delivery Schedule 1 Lot As Required 365 Calendar Days

1 Lot Ship To DoDAAC: FA8051 CountryCode: USA

FA8051 772 ESS PKD

CP 850 283 6419, 139 BARNES DR STE 1

TYNDALL AFB, FL 32403-5322

UNITED STATES

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. Aug 1989

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. Jan 2023

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

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

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Protocol.

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

in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

(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.

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

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

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

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

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

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

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

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

(g) WAWF point of contact.

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

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

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

(End of clause)

252.232-7007 Limitation of Government's Obligation. Apr 2014

As prescribed in 232.706-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. 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 [Contracting Officer insert after negotiations] 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) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

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

Nov 2021

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

Nov 2021

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

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

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-14 Integrity of Unit Prices. Nov 2021 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Oct 2022 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.223-6 Drug-Free Workplace. May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.242-13 Bankruptcy. Jul 1995 52.243-1 Alternate I Changes-Fixed-Price. (Alternate I) Apr 1984 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jun 2023 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984 52.249-8 Default (Fixed-Price Supply and Service). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

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

Jan 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7000 Disclosure of Information. Oct 2016

252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

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

Jan 2023

252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.239-7010 Cloud Computing Services. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023

FAR Clauses Incorporated by Full Text

52.217-8 Option to Extend Services. Nov 1999

As prescribed in , insert a clause substantially the same as the following:17.208(f)

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option].60 days

(End of clause)

52.217-9 Option to Extend the Term of the Contract. Mar 2000

As prescribed in , insert a clause substantially the same as the following:17.208(g)

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which (a) 60 days the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not commit 60 days 60days unless a different number of days is inserted the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)

The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) (years).(c) 66 months

(End of clause)

52.219-14 Limitations on Subcontracting. Oct 2022

As prescribed in , insert the following clause:19.507(e)

LIMITATIONS ON SUBCONTRACTING (OCT 2022)

This clause does not apply to the unrestricted portion of a partial set-aside.(a)

, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-(b) Definition. Similarly situated entity

Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside (1) e.g.

contract, any small business concern, without regard to its socioeconomic status); and

Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned (2) to the subcontract.

This clause applies only to-(c) Applicability.

Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);(1)

Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);(2)

Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;(3)

Orders expected to exceed the simplified acquisition threshold and that are-(4)

Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or(i)

Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);(ii)

Orders, regardless of dollar value, that are-(5)

Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(i) (F); or

Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as (ii) described in 19.504(c)(1)(ii); and

Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the (6) evaluation preference.

An independent contractor shall be considered a subcontractor.(d) Independent contractors.

By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract (e) Limitations on subcontracting.

assigned a North American Industry Classification System (NAICS) code for-

Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to (1) subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the (2) Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost (3) of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, (4) excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

The Contractor shall comply with the limitations on subcontracting as follows:(f)

For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-(1)

[ ] Contracting Officer check as appropriate.

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.(2)

A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be (g) performed by the aggregate of the joint venture participants.

In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business (1) protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by (2) the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. Mar 2023

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

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)

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

-Small business concern

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

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

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

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

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

(3) For long-term contracts-

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

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

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

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

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

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

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

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

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

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

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

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

(2) [ .] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002

(3) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

that it is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity ____ identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: __ .]

(6) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

that it is, is not a veteran-owned small business concern.

(7) [ ] The Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.

Contractor represents that it is, is not a service-disabled veteran-owned small business concern.

(8) [ ] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.

that-

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)

(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter ____ the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ Contractor to sign and date and insert authorized signer's name and title.] ____

(End of clause)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. Dec 2010

As prescribed in , insert the following clause:22.1605

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as (a) prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is (1) prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by (2) displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

This required employee notice, printed by the Department of Labor, may be-(b)

Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 (1) Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

Provided by the Federal contracting agency if requested;(2)

Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or(3)

Reproduced and used as exact duplicate copies of the Department of Labor's official poster.(4)

The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, .(c) 29 CFR Part 471

The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.(d)

In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may (e) be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with and subpart 9.4. 29 CFR 471.14 Such other sanctions or remedies may be imposed as are provided by , which implements Executive Order 13496 or as otherwise 29 CFR part 471 provided by law.

Subcontracts. (f) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 (1) and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.(2)

The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of (3) enforcing such provisions, including the imposition of sanctions for noncompliance.

However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such (4) direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.232-1 Payments. Apr 1984

As prescribed in , insert the following clause, appropriately modified with respect to payment due date in accordance with agency 32.111(a)(1) regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

PAYMENTS (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

The amount due on the deliveries warrants it; or(a)

The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.(b)

(End of clause)

52.232-8 Discounts for Prompt Payment. Feb 2002

As prescribed in , insert the following clause:32.111(b)(1)

DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, (a) and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not (b) placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.232-11 Extras. Apr 1984

As prescribed in , insert the following clause, appropriately modified with respect to payment due dates in accordance with agency 32.111(c)(2) regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:

EXTRAS (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of clause)

52.232-25 Prompt Payment. Jan 2017

As prescribed in , insert the following clause:32.908(c)

PROMPT PAYMENT (JAN 2017)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT).

Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.