SPE4A825P0050.pdf

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

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SPE4A8-25-P-0050

This acquisition is being conducted in accordance with FAR Subpart 13.5, Permanent Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items, and result in the award of a firm-fixed price contract for the following supplies and/or services.

Procurement of One (1) HAAS EC-1600ZT Horizontal Machining Center in accordance with Purchase Description VIBB 24-13-1305, Dated 04 February 2025. (All Items Shall Be In New Condition And Surplus Items Are Not Acceptable – Not A Prototype - None NSN Item(s).

***SOLE SOURCE IN ACCORDANCE WITH FAR 6.302-1 ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIER OR SERVICES WILL

STAISFY AGENCY REQUIREMENTS***

Reference: Solicitation SPE4A8-25-Q-0012/GSA eBuy RFQ ID: RFQ1743142

EQUIPMENT OFFERED: HAAS EC-16017

MODEL NUMBER: EC-1600-ZT

MANUFACTURED BY: HAAS Automation, Inc.

MANUFACTURING LOCATION: Oxnard, CA 93030

COUNTRY OF ORIGIN: USA

ARE YOU A DEALER OR MANUFACTURER: Dealer

ARE YOU A LARGE OR SMALL BUSINESS ENTITY Entity: Large

DELIVER ONE (1) EACH TO:

Naval Surface Warfare Center, Dahlgren Division Building 1460 18372 Frontage Road Suite 318 Dahlgren, VA 22448

DODAAC: N00178

MARK FOR:

POC: Tom Clift

PHONE: (540) 653-8023

EMAIL: Robert.t.clift.civ@us.navy.mil

FOB & INSPECTION/ACCEPTANCE:

FOB: Destination INSPECTION: Destination ACCEPTANCE: Destination

CLIN 0001 Milling Equipment (Horizontal Milling Machine): Inspection/Acceptance at Destination

CLIN 0002 IUID Tag: Inspection/Acceptance at Destination

CLIN 0003 Shipping: Inspection/Acceptance at Destination

The shipping/freight cost is a Not to Exceed amount. This is a firm-fixed price contract, and the funding cannot be adjusted upward after the award. Freight for this contract will be paid based on the actual cost only. All payment requests for freight shall be accompanied by actual invoices. Payment requests for freight without actual invoices will be denied.

Special Notes Continued:

1. The Performance Period/Completion Date for all items is 84 days after receipt of order. Refer to the completion date reference in Line-Item number one. If any line items do not contain a delivery/completion date the date in Line Item one shall apply.

2. There will be at least a minimum charge of $2,500.00 for each re-inspection that has to be performed by the government due to machine not ready for inspection.

3. All questions and issues shall be addressed to the Contract Administrator assigned to this contract. Per FAR clause 52.247-27, Solicitations Not Affected by Oral Agreement, no oral statement of any person shall modify or otherwise affect the terms, conditions or specifications stated in the solicitation or contract. All amendments to the solicitation or modifications to the contract must be made in writing by the Contracting Officer, who is the ONLY individual authorized to make changes on behalf of the Government.

4. Upon completion of all contractual requirements, the vendor must submit a Material Inspection and Receiving Report Form DD250 for signature by the Government representative. The signed DD250 must be submitted DLA Aviation-VICA via fax at 804-279-6022 or via email to avniperwebla.mil.

5. Packaging/Marking is to be in accordance with the latest revision of ASTM-D-3951-10.

6. The entire solicitation is hereby incorporated into the contract by reference (solicitation-only clauses are self-deleting).

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7. Quality Assurance Provision (QAP) Number 215a shall apply. Coordination with the Administrative Contracting Officer to schedule inspection at origin is critical. It is the vendor’s responsibility to make arrangements for the origin inspection a minimum of 15 days prior to expected shipment date.

Effective April 22, 2022, The Offeror, By Submission of its Quotation, Represents It:

(1) Will not provide covered telecommunications equipment or services to the government in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation in accordance with FAR 52.204-24(d)(1);

(2) Does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services in accordance with FAR 52.204-24(d)(2); and

(3) Does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the government in the performance of any contract, subcontract, or other contractual instrument in accordance with DFARS 252.204-7016(c) (These representations replace the manual block checks in FAR 52.204-24(d)(1) ([] will not) and 52.204-24(d)(2) ([] does not) and DFARS 252.204-7016(c) ([] does not).

If the contractor determines that any of these representations are no longer accurate or is not accurate with respect to a particular task or delivery order, it shall immediately notify the contracting officer in writing.

The IPE Warranty Clause:

RQ008: Warranty of Industrial Plant Equipment (IPE) Federal Supply Group (FSG) 34

(1) The contractor warrants that for one year all supplies furnished under this contract will be free from defects in material and workmanship and will conform to all requirements of this contract. Warranty period begins from the date of acceptance.

(2) Any supplies or parts corrected or furnished in replacement by the contractor shall be subject to the conditions to the same extent as supplies initially delivered. This warranty shall be equal in duration to one year and shall run from the date of delivery of the corrected or replaced supplies.

(3) When the machine is inoperable because of a defect, deficiency and/or nonconformance subject to the contractor's warranty and after the contractor has received written notice of the defect, inoperable (i.e., length of time from when contractor receives notification until machine is operable.)

(4) The contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the contractor by action of the Government. If correction or replacement has been directed, the contractor shall promptly notify the contracting officer, in writing, of the non-availability.

(5) The contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(6) When supplies are returned to the contractor, the contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the free on-board point, or the point of acceptance) to the contractor's plant and return. When defective items are returned to the contractor from other than the place of delivery specified in the contract, or when the Government exercises alternate remedies, the contractor's liability for transportation charges incurred shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in the contract and the contractor's plant and subsequent return.

(7) The warranties expressed herein are in lieu of any implied warranties of merchantability and “fitness for a particular purpose”.

(8) Remedies available to the Government. 22 (a) In the event of a breach of the contractor's warranty, the Government may, at no increase in contract price:

(i) Require the contractor, at the place of delivery specified in the contract (irrespective of the F.O.B. point or point of acceptance), or at the contractor's plant, to repair or replace, at the contractor's election, defective or nonconforming supplies, or

(ii) Require the contractor to furnish at the contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(iii) Where it is impracticable for the Government to pursue remedies at (i) and (ii), the Government may arrange for the repair or replacement of defective or nonconforming supplies by the Government or by another source at the contractor's expense. Where the Government is to accomplish the repair, the contractor at the Government's option will furnish the material or parts and the instruction required to successfully accomplish the repair.

(9) If the contracting officer does not require correction or replacement of defective or nonconforming supplies or the contractor is not obligated to correct or replace them under paragraph (4) the Government shall be entitled to an equitable reduction in the contract price.

(10) The contracting officer shall notify the contractor in writing of any breach of the warranty in paragraph (b) of this clause within a reasonable period, but not later than 45 days after discovery of the defect. The contractor shall submit to the contracting officer a written recommendation within two working days as to the corrective action required to remedy the breach. After the notice of breach, but not later than five days after receipt of the contractor's recommendation for corrective action, the contracting officer may, in writing, direct correction or replacements in paragraph (8)(a) and the contractor shall comply with this direction within five days of receipt. If it is later determined that the contractor did not breach the warranty in paragraphs (1) and (b) the contract price will be equitably adjusted

(11) If supplies are corrected or replaced, the period for notification of a breach of the contractor’s warranty in paragraph 10 shall be 45 days from the discovery of the defect. (12) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract. (13) The contractor shall be liable for the reasonable costs of disassembly and/or reassembly of larger items when it is necessary to remove the supplies to be inspected and/or returned for correction or replacement.

(End of TQ Requirement)

“If there are attachments to your award or modification document, you will find a section titled Attachments with a

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subsection titled “List of Attachments” on the last page. The following are the steps you will need to follow to access those attachments if you are using Adobe Acrobat Reader X (10.1.3). The steps for older versions of Adobe Acrobat Reader may vary. The latest Adobe Acrobat Reader can be downloaded at http://get.adobe.com/reader/ (Note: this is a third-party software. For support, please contact Adobe directly.).

1. Open the PDF document either from the link in the email notification or by searching for the award on DLA Internet Bid Board System (DIBBS).

2. Position the cursor over the center of the award document.

3. A floating tool bar appears, click the Adobe Acrobat Reader logo at the right end of the tool bar.

4. This opens another tool bar on the left and side of the award document.

5. On this tool bar, click the paper clip icon.

6. This will open a list of attachments on the left-hand side of the award document.

7. Click each attachment in the list to view them.”

Technical Clauses Standard Text Object (STO):

RP001 DLA Packaging Requirements for Procurement RQ011 Removal of Government Identification from Non-Accepted Supplies (November 2011)

DLA Directive (DLAD) Procurement Notes Guide: The following DLAD Procurements Notes are hereby incorporated by reference. The full-text of each note can be found at: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources and Obsolete Material or Components (December 2016) C05 Changes to Key Personnel (October 2016) C13 Economic Price Adjustment – Standard Supplies (August 2017) C14 Correction of Nonconforming Packaging or Marking (May 2020) C18 Shipping Instructions for Export and U.S. Territories (August 2017) C20 Vendor Shipment Module (VSM) (September 2021) C21 Shipping Instruction Request (SIR) (June 2020) G01 Additional Wide Area Workflow (WAWF) Information (August 2017) H14 Contractor Personnel Security Requirements (January 2021)

DLA Aviation Acquisition Notices (DAANs):

The following DLA Aviation Acquisition Notices (DAANs) are incorporated by reference. The full-text of the notices can be found at: http://www.dla.mil/Aviation/Business/IndustryResources/DLAResourcesforSuppliers/DAANs.aspx DAAN-11-01 Notification of Rejection of Award with Technical Data (September 2016) DAAN-22-01 Waiver of Certain Clause Requirements in Contracts for Hurricane Relief Efforts (September 2017)

•NOTE: THE FOLLOWING CLAUSES DO NOT APPLY TO THIS PURCHASE ORDER:

List of Attachments:

Purchase Description VIBB 24-13-1305 (Pages 1-5) QAP 215a (Page 6) Payment Instructions: (Page 7) Material Inspection and Receiving Report (DD250): (Pages 8-9)

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SUPPLIES/SERVICES: 3408-N00001784

ITEM DESCRIPTION:

In accordance with Purchase Description VIBB 24-13-1305 dated 04 February 2025 for HAAS EC-1600ZT Horizontal Machining Center.

DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 3408-N00001784 IPE 1.000 EA $ 413,119.41 $ 413,119.41

- Milling Equipment

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2025 JUN 06

FOB PAYMENT METHOD: CONTRACTOR

PREP FOR DELIVERY:

WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.

DELIVER ONE (1) EACH TO:

NAVAL SURFACE WARFARE CENTER, DAHLGREN DIVISION

BUILDING 1460

18372 FRONTAGE ROAD SUITE 318

DAHLGREN, VA 22448

DODAAC: N00178

MARK FOR:

POC: TOM CLIFT

PHONE: (540) 653-8023

EMAIL: ROBERT.T.CLIFT.CIV@US.NAVY.MIL

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 7008374382 0001 N/A N/A N/A N/A

SUPPLIES/SERVICES: 3460-N00004587

In accordance with Purchase Description VIBB 24-13-1305 dated 04 February 2025 for IUID Tags.

DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS%

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SUPPLY/SERVICE: 3460-N00004587 CONT'D

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0002 3460-N00004587 IPE 1.000 EA $ 460.00 $ 460.00

- IUID Tag

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2025 JUN 06

FOB PAYMENT METHOD: CONTRACTOR

BUILDING 1460

18372 FRONTAGE ROAD SUITE 318

DAHLGREN, VA 22448

DODAAC: N00178

MARK FOR:

POC: TOM CLIFT

ITEM PR PRLI PR PRLI Material Need Ship Date .

0002 7008374382 0003 N/A N/A N/A N/A

SUPPLIES/SERVICES: 3460-N00004591

In accordance with Purchase Description VIBB 24-13-1305 dated 04 February 2025 for Shipping.

DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS%

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0003 3460-N00004591 IPE 1.000 EA $ 22,858.00 $ 22,858.00

- Shipping

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2025 JUN 06

PAGE 8 OF 14 PAGES

SUPPLY/SERVICE: 3460-N00004591 CONT'D

FOB PAYMENT METHOD: CONTRACTOR

BUILDING 1460

18372 FRONTAGE ROAD SUITE 318

DAHLGREN, VA 22448

DODAAC: N00178

MARK FOR:

POC: TOM CLIFT

ITEM PR PRLI PR PRLI Material Need Ship Date .

0003 7008374382 0004 N/A N/A N/A N/A

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 14 PAGES

Part 12 Clauses

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (JAN 2023) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2024-O0013)

(MAY 2024) DFARS

(a) Definitions. As used in this clause

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI)

Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is --

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

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Part 12 Clauses (CONTINUED)

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data --Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract.

Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”, Revision 2 (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171).

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall --

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 14 PAGES

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/ proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD --

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph

(i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall --

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to --

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 14 PAGES

SPE4A8-25-P-0050

when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

(End of clause)

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN

2023) DFARS

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR

252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT

OFFSETS (DEC 2022) DFARS

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) FAR

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) FAR

252.223-7009 PROHIBITION OF PROCUMENT OF FLOURINATED AQUEOUS FILM-FORMING FOAM FIRE-FIGHTING AGENT FOR

USE ON MILITARY INSTALLATIONS (OCT 2023) FAR

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013) DFARS

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024) FAR

52.232-25 PROMPT PAYMENT (JAN 2017) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) DFARS

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

(a) Definitions. As used in this clause - 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) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation System (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice 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) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

(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) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table *

Field Name in WAWF Data to be entered in WAWF Guidance

Pay Official DoDAAC (If blank, see resulting award)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 14 PAGES

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Part 12 Clauses (CONTINUED)

Field Name in WAWF Data to be entered in WAWF Guidance

Issue By DoDAAC (If blank, see resulting award)

Admin DoDAAC (If blank, see resulting award)

Inspect By DoDAAC (If blank, see resulting award)

Ship To Code (If blank, see resulting award)

Ship From Code (If blank, see resulting award)

Mark For Code (If blank, see resulting award)

Service Approver (DoDAAC)

(If blank, see resulting award)

Service Acceptor (DoDAAC)

(If blank, see resulting award)

Accept at Other DoDAAC (If blank, see resulting award)

LPO DoDAAC (If blank, see resulting award)

DCAA Auditor DoDAAC (If blank, see resulting award)

Other DoDAAC(s) (If blank, see resulting award)

(* 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) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) FAR 252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023) DFARS 252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (JAN 2023) DFARS

252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023) DFARS

52.247-34 F.O.B. DESTINATION (JAN 1991) FAR

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

As prescribed in 52.107(b), insert the following clause:

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

FAR: https://www.acquisition.gov/?q=browsefar DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of clause)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 14 PAGES

Part 12 Clauses (CONTINUED)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(JAN 2023) DFARS

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB COVERED ENTITIES (DEC 2023) FAR

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021) FAR

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) FAR

52.204-28 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS -- FEDERAL SUPPLY SCHEDULES, GOVERNMENTWIDE ACQUISITION CONTRACTS, AND MULTI--AGENCY CONTRACTS (DEC 2023) FAR

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS -- PROHIBITION (DEC 2023) FAR

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR