W909MY-22-R-0009_KO SIGNED 10JUN2022.pdf

SOLICITATION, OFFER AND AWARD 1. This Contract Is A Rated Order Under

DPAS (15 CFR 700)

Rating Page of Pages

2. Contract Number 3. Solicitation Number 4. Type of Solicitation 5. Date Issued 6. Requisition/Purchase Number Sealed Bid (IFB) Negotiated (RFP)

7. Issued By Code 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 furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in until (hour) local time (Date).

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 A. Name B. Telephone (No Collect Calls) C. E-mail Address

Call: Area Code Number Ext.

11. Table Of Contents

(X) Sec. Description Page(s) (X) Sec. Description Page(s)

Part I - The Schedule Part II - Contract Clauses A Solicitation/Contract Form I Contract Clauses B Supplies or Services and Prices/Costs Part III - List Of Documents, Exhibits, And Other Attach.

C Description/Specs./Work Statement J List of Attachments D Packaging and Marking Part IV - Representations And Instructions E Inspection and Acceptance K Representations, Certifications, and F Deliveries or Performance Other Statements of Offerors G Contract Administration Data L Instrs., Conds., and Notices to Offerors H Special Contract Requirements M Evaluation Factors for Award

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

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 price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount For Prompt Payment 10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) Calendar Days (%) (See Section I, Clause No. 52.232-8)

14. Acknowledgment of Amendments (The offeror acknowledges Amendment No. Date Amendment No. Date receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. Name and Code Facility 16. Name and Title of Person Authorized to Sign Offer Address of (Type or Print) Offeror

15B. Telephone Number 15C. Check if Remittance Address is 17. Signature 18. Offer Date Area Code Number Ext. Different From Above – Enter such

Address In Schedule

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 And Open Competition: 23. Submit Invoices To Address Shown In Item 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code 25. Payment Will Be Made By Code

26. Name of Contracting Officer (Type or Print) 27. United States Of America 28. Award Date

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 33 (Rev. 9-97) Previous edition is unusable Prescribed By GSA-FAR (48 CFR) 53.214(c)

W909MY-22-R-0009

X

2022JUL2502:00pm

DOA7

SEE SCHEDULE

W909MY

ARMY CONTRACTING CMD-APG

10205 BURBECK RD

FORT BELVOIR, VA 22060-5811

JESSICA L. HAWKINS

(703)704-0829

CCAP-CCV

JESSICA.L.HAWKINS27.CIV@ARMY.MIL

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X 1

X 3 X 12

X 13 X 14 X 15

X 16

X 18

X 28

X 29

X 41

X 51

10JUN2022

DARBYE T. RIVERA N/A

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: JESSICA L. HAWKINS

Buyer Office Symbol/Telephone Number: CCAP-CCV/(703)704-0829

Type of Contract 1: Firm Fixed Price

Kind of Contract: Research and Development Contracts

*** End of Narrative A0000 ***

Introduction

This Solicitation is for the award of up to three (3) Engineering and Manufacturing Development (EMD) contracts for a new/improved Small

Tactical Electric Power (STEP) 3 kilowatt (kW) generator. The Army requiring activity for this solicitation is Product Manager, Mobile

Electric Power Systems (PdM MEPS). The contemplated system would be rated no less than 3kW, operating on JP-8 fuel, and weighing less than 308 pounds. This STEP 3kW EMD solicitation will result in up to three (3) stand-alone Firm Fixed Price (FFP) contracts, each having the following (4) four phases: Phase 1: Preliminary Design Review (PDR); Phase 2: Critical Design Review (CDR); Phase 3: Prototype

Build and Delivery; and Phase 4: Test Support.

Affordability

The Governments affordability goal for this EMD effort is $22,500,000. As such, each individual contract is anticipated to have a maximum price of no more than $7.5M. This $7.5M fixed-price affordability goal for each contract is intended to fund contractor development of the system, support for all four phases, and to delivery all required hardware deliverables (30 generator sets and associated equipment, as further explained in the SOW).

Offeror Size Status

This solicitation is a partial small business set-aside. Two (2) of the three (3) potential contact awards will be initially set-aside for small business. Large businesses are able and invited to compete for any award(s) not set aside for small businesses. See Section M for additional details.

Notice Regarding Follow-On Production Contract

This development contact has the potential for a substantial, multi-year follow-on production contract. Given that the design and test activities of the STEP 3kW EMD phase will take approximately 33 months to complete and will cost the Government $24M or more, the

Government does not anticipate conducting another full-and-open competition for the follow-on LRIP/Production IDIQ contract. Rather, the follow-on production contract for ordering STEP 3kW production systems will - to maximum extent possible - use Other than Full and Open

Competition. Should only one (1) of the three (3) EMD contractors from this solicitation complete EMD phase with a system that meets, or substantially meets, Purchase Description (PD) requirements, the Government will utilize an exception to competition, likely FAR

6.302-1, to non-competitively negotiate and award a production contract to that firm on a sole-source basis. Should more than one EMD contractor complete EMD with successful designs, the Government may then either: (1) utilize an exception to competition to request and then tradeoff production proposals from only the successful EMD contractors, or (2) conduct a full-and-open competition follow-on, but with a proposal screening/gate criteria whereby an Offeror must provide a working production representative bid-sample to be considered for the production award. In sum, this solicitation is likely the only opportunity that an interested entity will have to compete for the opportunity to be the long-term manufacturer of the new STEP 3kW system for the Army and DOD.

*** END OF NARRATIVE A0001 ***

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W909MY-22-R-0009

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0001 PHASE 1: PRELIMINARY DESIGN REVIEW 1 EA $ $ __________________________________ ______________ __________________

SERVICE REQUESTED: PHASE 1

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 3

DEL REL CD QUANTITY DEL DATE __________ ______________ ___________

001 1 AS REQUIRED

FOB POINT: Destination

SHIP TO:

(W81YWL) XR W6DW PEO CS&CSS FT BELVOIR

5850 DELAFIELD ROAD

BLDG 324

FORT BELVOIR,VA,22060-5863

2001 PHASE 2: CRITICAL DESIGN REVIEW (OPTION) 1 EA $ $ ________________________________________ ______________ __________________

SERVICE REQUESTED: PHASE 2

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 3

DEL REL CD QUANTITY DEL DATE __________ ______________ ___________

001 1 AS REQUIRED

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

FOB POINT: Destination

SHIP TO:

(W81YWL) XR W6DW PEO CS&CSS FT BELVOIR

5850 DELAFIELD ROAD

BLDG 324

FORT BELVOIR,VA,22060-5863

3001 PHASE 3: PROTOTYPE BUILD AND DELIVERY (OPTION) 1 EA $ $ ______________________________________________ ______________ __________________

SERVICE REQUESTED: PHASE 3

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 3

DEL REL CD QUANTITY DEL DATE __________ ______________ ___________

001 1 AS REQUIRED

FOB POINT: Destination

SHIP TO:

(W81C5M) XR W4QU USA ABERDEEN TEST CENTER

BLDG 358

6850 LANYARD RD

ABERDEEN PROVING GROUND,MD,21005-50

4001 PHASE 4:TEST SUPPORT (OPTION) 1 EA $ $ _____________________________ ______________ __________________

SERVICE REQUESTED: PHASE 4

CLIN CONTRACT TYPE:

Firm Fixed Price

Packaging and Marking _____________________

Inspection and Acceptance _________________________

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

INSPECTION: Destination ACCEPTANCE: Destination

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 3

DEL REL CD QUANTITY DEL DATE __________ ______________ ___________

001 1 AS REQUIRED

FOB POINT: Destination

SHIP TO:

(W81C5M) XR W4QU USA ABERDEEN TEST CENTER

BLDG 358

6850 LANYARD RD

ABERDEEN PROVING GROUND,MD,21005-50

9999 CDRLS _____

C001 PDR CDR TRR PRESENTATION MATERIAL 1 LO $ ** NSP ** _________________________________ __________________

SERVICE REQUESTED: PDR CDR TRR MATERIAL

CLIN CONTRACT TYPE:

Firm Fixed Price

Preliminary Design Review (PDR)/ Critical Design

Review (CDR)/ Test Readiness Review (TRR)

Presentation Materials Items shall be IAW Exhibit A, DD Form 1423, Data Item Number C001.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C002 PRODUCT DRAWINGS AND ASSOCIATED LIST 1 LO $ ** NSP ** ____________________________________ __________________

SERVICE REQUESTED: PRODUCT DRAWINGS AND LISTS

CLIN CONTRACT TYPE:

Firm Fixed Price

Product Drawings and Associated Lists Items shall be

IAW Exhibit A, 5 55

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

DD Form 1423, Data Item Number C002.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C003 QUALITY CONTROL PLAN 1 LO $ ** NSP ** ____________________ __________________

SERVICE REQUESTED: QUALITY CONTROL PLAN

CLIN CONTRACT TYPE:

Firm Fixed Price

Quality Control plan Item shall be IAW Exhibit A, DD

Form 1423, Data Item Number C003.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C004 ELECTRONIC TECH MANUAL 1 LO $ ** NSP ** ______________________ __________________

SERVICE REQUESTED: ELECTRONIC TECH MANUAL

CLIN CONTRACT TYPE:

Firm Fixed Price

Electronic Technical Manual (ETM) Item shall be IAW

Exhibit A, DD Form 1423, Data Item Number C004.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

C005 FMECA REPORT 1 LO $ ** NSP ** ____________ __________________

SERVICE REQUESTED: FMECA REPORT

CLIN CONTRACT TYPE:

Firm Fixed Price

Failure Modes, Effects, and Criticality Analsis

(FMECA) Report Item shall be IAW Exhibit A, DD Form

1423, Data Item Number C005.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C006 MAINTENANCE ANALYSIS REPORT 1 LO $ ** NSP ** ___________________________ __________________

SERVICE REQUESTED: MAINTENANCE ANAYLSIS REPORT

CLIN CONTRACT TYPE:

Firm Fixed Price

Maintenance Analysis Report Item shall be IAW Exhibit

A, DD Form 1423, Data Item Number C006.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C007 EDFP 1 LO $ ** NSP ** ____ __________________

SERVICE REQUESTED: EDFP

CLIN CONTRACT TYPE:

Firm Fixed Price

Engineering Data and Provisioning (EDFP)Item shall be

IAW Exhibit A, DD Form 1423, Data Item Number C007.

(End of narrative B001)

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C008 BAR CODE IDENTIFICATION REPORT 1 LO $ ** NSP ** ______________________________ __________________

SERVICE REQUESTED: BAR CODE IDENTIFICATION REPOR

CLIN CONTRACT TYPE:

Firm Fixed Price

Bar Code Identification Report Item shall be IAW

Exhibit A, DD Form 1423, Data Item Number C008.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C009 POST-AWARD ORIENTATION MEETING PRESENTATION ___________________________________________

MATERIALS 1 LO $ ** NSP ** _________ __________________

SERVICE REQUESTED: POST-AWARD ORIENTATION MEET

CLIN CONTRACT TYPE:

Firm Fixed Price

Post-Award Orientation Meeting Presentation Materials

Items shall be IAW Exhibit A, DD Form 1423, Data Item

Number C009.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C010 BI-MONTHLY PROGRESS REPORT 1 LO $ ** NSP ** __________________________ __________________

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Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SERVICE REQUESTED: BI-MONTHLY PROGRESS REPORT

CLIN CONTRACT TYPE:

Firm Fixed Price

Bi-Monthly Progress Report Items shall be IAW Exhibit

A, DD Form 1423, Data Item Number C010.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C011 SAR 1 LO $ ** NSP ** ___ __________________

SERVICE REQUESTED: SAR

CLIN CONTRACT TYPE:

Firm Fixed Price

Safety Assessment Report (SAR)Items shall be IAW

Exhibit A, DD Form 1423, Data Item Number C011.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C012 SOFTWARE REQUIREMENT SPECIFICATION 1 LO $ ** NSP ** __________________________________ __________________

SERVICE REQUESTED: SOFTWARE REQUIREMENT SPECIFIC

CLIN CONTRACT TYPE:

Firm Fixed Price

Software Requirement Specification Items shall be IAW

Exhibit A, DD Form 1423, Data Item Number C012.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

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Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C013 COMPUTER SOFTWARE PRODUCT 1 LO $ ** NSP ** _________________________ __________________

SERVICE REQUESTED: COMPUTER SOFTWARE PRODUCT

CLIN CONTRACT TYPE:

Firm Fixed Price

Computer Software Product Items shall be IAW Exhibit

A, DD Form 1423, Data Item Number C013.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C014 END OF PHASE REPORT 1 LO $ ** NSP ** ___________________ __________________

SERVICE REQUESTED: END OF PHASE REPORT

CLIN CONTRACT TYPE:

Firm Fixed Price

End of Report Items shall be IAW Exhibit A, DD Form

1423, Data Item Number C014.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

C015 IUID MARKING PLAN 1 LO $ ** NSP ** _________________ __________________

SERVICE REQUESTED: IUID MARKING PLAN

CLIN CONTRACT TYPE:

Firm Fixed Price

Item Unique Identfication (IUID) Marking Plan shall

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Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

be IAW

Exhibit A, DD Form 1423, Data Item Number C015.

(End of narrative B001)

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 SEE DD FORM 1423

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PIIN/SIIN MOD/AMD

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The contractor shall perform in accordance with (IAW) the Statement of Work (SOW), the Purchase Description (PD), and all the referenced

Attachments in those documents and those attachments located at Section J of this solicitation.

*** END OF NARRATIVE C0001 ***

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PIIN/SIIN MOD/AMD

SECTION D - PACKAGING AND MARKING

Packaging shall be IAW the Statement of Work (SOW). See Section J attachments.

*** END OF NARRATIVE D0001 ***

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SECTION E - INSPECTION AND ACCEPTANCE

This document 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 these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

E-1 52.246-7 INSPECTION OF RESEARCH AND DEVELOPMENT--FIXED PRICE AUG/1996

E-2 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984

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SECTION F - DELIVERIES OR PERFORMANCE

This document 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 these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

F-1 52.242-15 STOP-WORK ORDER AUG/1989

F-2 52.242-17 GOVERNMENT DELAY OF WORK APR/1984

F-3 52.247-35 F.O.B. DESTINATION, WITHIN CONSIGNEES' PREMISES APR/1984

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SECTION G - CONTRACT ADMINISTRATION DATA

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

G-1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018

(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 Supplement (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.

-1-

(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.

-2-

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

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

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

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

[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

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PIIN/SIIN MOD/AMD

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 -3-

Issue By DoDAAC -4-

Admin DoDAAC -5-

Inspect By DoDAAC -6-

Ship To Code -7-

Ship From Code -8-

Mark For Code -9-

Service Approver (DoDAAC) -10-

Service Acceptor (DoDAAC) -11-

Accept at Other DoDAAC -12-

LPO DoDAAC -13-

DCAA Auditor DoDAAC -14-

Other DoDAAC(s) -15-

(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.

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

(End of clause)

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PIIN/SIIN MOD/AMD

SECTION I - CONTRACT CLAUSES

This document 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 these addresses:

For FAR clauses: https://www.acquisition.gov/

For DFARS clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

If the clause requires additional or unique information, then that information is provided immediately after the clause title.

Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

I-1 52.202-1 DEFINITIONS JUN/2020

I-2 52.203-3 GRATUITIES APR/1984

I-3 52.203-5 COVENANT AGAINST CONTINGENT FEES MAY/2014

I-4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUN/2020

I-5 52.203-7 ANTI-KICKBACK PROCEDURES JUN/2020

I-6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR MAY/2014

IMPROPER ACTIVITY

I-7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY/2014

I-8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS JUN/2020

I-9 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017

OR STATEMENTS

I-10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011

I-11 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS JUN/2020

I-12 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

I-13 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG/2020

I-14 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES NOV/2021

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

I-15 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH NOV/2021

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

I-16 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY OCT/2018

MATTERS

I-17 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008

I-18 52.215-14 INTEGRITY OF UNIT PRICES NOV/2021

I-19 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS OCT/2010

I-20 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) JUL/2005

OTHER THAN PENSIONS

I-21 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT/2018

I-22 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR/2015

I-23 52.222-26 EQUAL OPPORTUNITY SEP/2016

I-24 52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN/2020

I-25 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS DEC/2010

ACT

I-26 52.222-50 COMBATING TRAFFICKING IN PERSONS NOV/2021

I-27 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION MAY/2022

I-28 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING JUN/2020

I-29 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB/2021

I-30 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) -- ALTERNATE I (APR 1984) APR/1984

I-31 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT JUN/2020

I-32 52.227-3 PATENT INDEMNITY APR/1984

I-33 52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB/2013

I-34 52.232-2 PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS APR/1984

I-35 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) -- ALTERNATE I (APR 1984) APR/1984

I-36 52.232-25 PROMPT PAYMENT JAN/2017

I-37 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013

I-38 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS NOV/2021

I-39 52.233-1 DISPUTES MAY/2014

I-40 52.233-3 PROTEST AFTER AWARD AUG/1996

I-41 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004

I-42 52.242-13 BANKRUPTCY JUL/1995

I-43 52.243-1 CHANGES--FIXED PRICE AUG/1987

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Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

I-44 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES JAN/2022

I-45 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS JUN/2003

I-46 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) APR/2012

I-47 52.249-9 DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT) APR/1984

I-48 52.253-1 COMPUTER GENERATED FORMS JAN/1991

I-49 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

I-50 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT- DEC/2008

RELATED FELONIES

I-51 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013

I-52 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016

I-53 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

I-54 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019

I-55 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

I-56 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS JAN/2021

EQUIPMENT OR SERVICES

I-57 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS MAR/2022

I-58 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991

I-59 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE MAY/2019

GOVERNMENT OF A TERRORIST COUNTRY

I-60 252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS DEC/2010

I-61 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC MAR/2022

I-62 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013

I-63 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS FEB/2014

I-64 252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER FEB/2014

SOFTWARE DOCUMENTATION

I-65 252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS FEB/2014

I-66 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION JAN/2011

I-67 252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE SEP/2016

I-68 252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED MAY/2013

INFORMATION MARKED WITH RESTRICTIVE LEGENDS

I-69 252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE APR/1988

I-70 252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT MAR/2000

I-71 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA APR/2022

I-72 252.231-7000 SUPPLEMENTAL COST PRINCIPLES DEC/1991

I-73 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018

I-74 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

I-75 252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS--PROHIBITION APR/2020

ON FEES AND CONSIDERATION

I-76 252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT DEC/2019

I-77 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

I-78 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012

I-79 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JAN/2021

I-80 252.246-7001 WARRANTY OF DATA--BASIC MAR/2014

I-81 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC FEB/2019

I-82 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM MAR/1989

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

Note: The Government may require the performance of the separately-numbered separately-priced line items, identified in the Schedule as an options (i.e. Phase 1: Preliminary Design Review (PDR); Phase 2: Critical Design Review (CDR); Phase 3: Prototype Build and Delivery;

and Phase 4: Test Support). The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of the end of the prior phase.

I-83 52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE NOV/2020

(a) Definition. Small business concern, as used in this clause

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(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, 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) Applicability. This clause applies only to contracts that have been partially set aside for small business concerns.

(c) General.

(1) A portion of this requirement, identified elsewhere in this solicitation, has been set aside for award to one or more small business concerns identified in 19.000(a)(3). Offers received from concerns that do not qualify as small business concerns shall be considered nonresponsive and shall be rejected on the set-aside portion of the requirement.

(2) Small business concerns may submit offers and compete for the non-set-aside portion and the set-aside portion.

(d) The Offeror shall--

[ ] Submit a separate offer for each portion of the solicitation for which it wants to compete (i.e. set-aside portion, non-set-aside portion, or both); or

[ X ] Submit one offer to include all portions for which it wants to compete.

(e) Partial set-asides of multiple-award contracts.

(1) Small business concerns will not compete against other than small business concerns for any order issued under the part or parts of the multiple-award contract that are set aside.

(2) Small business concerns may compete for orders issued under the part or parts of the multiple-award contract that are not set aside, if the small business concern received a contract award for the non-set-aside portion.

(End of clause)

I-84 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) SEP/2021

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

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

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

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

(c) Applicability. This clause applies only to--

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

(2) 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);

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

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

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

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

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

(i) 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)(F); or

(ii) 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 described in 19.504(c)(1)(ii); and

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

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

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractors 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. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the 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 contractors 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;

(3) General construction, it will not pay more than 85 percent of the amount paid by the 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 contractors 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the 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 contractors 75 percent subcontract amount that cannot be exceeded.

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

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

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

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

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

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

(End of clause)

I-85 252.235-7010 ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER MAY/1995

(a) The Contractor shall include an acknowledgment of the Government's support in the publication of any material based on or developed under this contract, stated in the following terms: This material is based upon work supported by the U.S. Army under Contract No.

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[TBD].

(b) All material, except scientific articles or papers published in scientific journals, must, in addition to any notices or disclaimers by the Contractor, also contain the following disclaimer: Any opinions, findings and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Army.

(End of clause)

I-86 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC/2014

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

I-87 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO NOV/2021

SURVEILLANCE SERVICES OR EQUIPMENT

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

"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network

(e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

"Covered foreign country" means The Peoples Republic of China.

"Covered telecommunications equipment or services" means--

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

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

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

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

"Critical technology" means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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

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

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

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

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

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

73 of title 42 of such Code; or

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

4817).

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

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

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

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the

Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil . For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the

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