W911PT26RA002.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

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

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

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

SOLICITATION

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

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

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

OFFER (Must be fully completed by offeror)

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

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

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

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

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

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

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

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

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Section A - Solicitation/Contract Form

Spring, LeafInstrument Name:

NOTICE

THE GOVERNMENT INTENDS TO MAKE ONLY ONE AWARD FOR A TOTAL QUANTITY

OF 317 EACH OF DRAWING # 11583595, EITHER WITH THE FIRST ARTICLE

REQUIREMENT (CLIN 0001 and 0003) OR WITHOUT THE FIRST ARTICLE REQUIREMENT (CLIN 0002 or CLIN 0004). PLEASE PRICE ACCORDINGLY.

CLIN 0005 IS FOR AN OPTION OF UP TO 317 EACH. THE GOVERNMENT WILL HAVE

THE UNILATERAL RIGHT TO EXCERCISE THE OPTION QUANTITY. WE MAY EXERCISE

THE ENTIRE QUANTITY AT ONE TIME OR MULTIPLE QUANTITIES AT DIFFERENT TIMES

UP TO THE MAXIMUM QUANTITY OF 317 EACH (SEE CLAUSE 52.217-7), OPTION FOR

INCREASED QUANTITY FOR MORE INFORMATION.

LOCAL NARRATIVES - SECTION A

DISTRIBUTION AND DESTRUCTION OF EXPORT CONTROL TECHNICAL DATA PACKAGE

(a) This solicitation and resulting contract contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S. C., Sec 2751, et. seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(b) To be eligible to gain access to this export controlled TDP (via SAM.gov) an offeror must have a current DD 2345, "Militarily Critical Technical Data Agreement" certification on file with the Defense Logistics Information Service (DLIS). To obtain certification, go to http://www.dlis.

dla.mil/jcp/, click on documents, and follow instructions provided.

Processing time is estimated at six (6) to ten (10) weeks after receipt. SAM will allow access to export controlled TDPs once certification is confirmed. Upon receipt of certification, an offeror may request the TDP in accordance with the instructions stated in the solicitation's Section C.

W911PT26RA002

(c) Upon completion of the purposes for which Government Technical Data has been provided, the offeror, and all subcontractors, vendors, and sub-vendors of the offeror, are required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed.

(d) Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

Disclosure of Unit Price Information

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such release prior to submission of initial proposals.

*** END OF NARRATIVE 1 ***

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

LOCAL NARRATIVES - SECTION B

NOTICE OF WATERVLIET ARSENAL INFORMATION/REQUIREMENTS

(a) IMPORTANT DELIVERY/QUALITY REQUIREMENTS

(1) ALL OFFERORS MUST CAREFULLY REVIEW THE DELIVERY REQUIREMENT IN THE

REQUEST FOR QUOTE OR SOLICITATION. WHEN SUBMITTING AN OFFER/BID, PLEASE

ENSURE THAT YOU CAN MEET THE DELIVERY SCHEDULE.

(2) ON TIME DELIVERY IS VERY CRITICAL. THEREFORE, YOU MUST ADHERE TO THE

DELIVERY REQUIREMENTS INDICATED IN ANY RESULTANT AWARD. FAILURE TO

COMPLY

WITH THE CONTRACTUAL DELIVERY SCHEDULE, MAY RESULT IN TERMINATION OF

THE

ORDER OR REQUIRE CONSIDERATION IF THE GOVERNMENT ELECTS TO EXTEND

DELIVERY. (NOTE: Non-availability of raw materials, subcontractor issues, scheduling conflicts, should be considered at the time you are submitting your offer/bid. They are not acceptable excuses for failing to meet the delivery after award).

(3) PROVIDING QUALITY PRODUCTS THAT CONFORM TO THE CONTRACT ARE JUST AS

IMPORTANT AS MEETING THE REQUIRED DELIVERY. DELIVERY OF NON-CONFORMING

PRODUCTS RESULTS IN DELIVERY DELAYS AND INCREASED COSTS TO THE

ARSENAL.

(4) PAST PERFORMANCE FOR QUALITY AND DELIVERY MAY BE A MAJOR

CONSIDERATION IN MAKING DETERMINATIONS FOR FUTURE CONTRACT AWARDS.

NOTICE: Throughout this document we may use the terms "we" and "you", the term "we" means the government of the United States of America, and the term "you" means the contractor.

(b) WATERVLIET ARSENAL INFORMATION FOR CONTRACTORS:

"Watervliet Arsenal Information for Contractors" document is incorporated by reference in all solicitations and contracts. The full text version of the instructions is available at Internet address: http://www.

wva.army.mil

/Documents/Contracting/WAIC.pdf Upon request, the contracting officer will make its full text available."

POC - CONTRACT SPECIALIST/BUYER: Amanda Robinson

TELEPHONE NUMBER: 518-266-4931

E-MAIL ADDRESS: amanda.p.robinson2.civ@army.mil

CONTRACTOR DUNS NUMBER/CAGE CODE/FAX NUMBER:

Please provide the following information for your company.

VENDOR NAME: _________________________

VENDOR POC: __________________________

POC PHONE: ____________________________

E-MAIL ADDRESS (see note below): __________________________

UNIQUE ENTITY ID _______________________

CAGE CODE (if known) __________________

TAX ID NUMBER ________________________

VENDOR FAX NUMBER ________________

NOTE: Your e-mail address is required so that in the event you receive the resultant award, we can e-mail it to you. If we experience difficulties with e-mail, it will be faxed.

(c) AWCF BULK FUND ___ DOES X DOES NOT APPLY

(d) POSTERS:

(1) Contracts for Material, Supplies, Articles and Equipment Exceeding $15,000/Service Contract Labor Standards. Orders subject to these Acts require contractors to post WH Publication 1313, "Employee Rights on Government Contracts".

(2) Construction Orders. Orders for construction require contractors to post WH Publication 1321, "Employee Rights under the Davis Bacon" and the

Office of Federal Contract Compliance poster on "Equal Employment Opportunity is the Law."

(3) These posters can be accessed electronically at http://www.dol.gov .

(4) Hard copies of the posters will be made available upon request to the contracting officer.

(e) PAYMENTS:

Any vendor that receives an award (except those paid by credit card or accommodation check) can view invoice payments made by DFAS at https://wawf.eb.mil/ using the "my invoice" system. You will be required to register in order to view payments. Payment information is maintained for 120 days from invoice payment. Vendors can find out when invoices have been paid by Electronic Funds Transfer (EFT), etc. This website can save valuable time and frustration over billing questions, and it is a free service.

(f) RELEASE OF INFORMATION:

The contractor shall not release or authorize release of DoD specifications; acceptance test results; information involving critical military technology;

or any other information in which the DoD maintains proprietary rights or is otherwise confidential or classified. This restriction includes any endorsement by the Department of Army of a contractor. Release of information under the circumstances referenced above requires the prior written approval of the Contracting Officer responsible for this contract. It is the contractor's responsibility to be familiar with, and comply with

(e) PAYMENTS:

Any vendor that receives an award (except those paid by credit card or accommodation check) can view invoice payments made by DFAS at https://wawf.eb.mil/ using the "my invoice" system. You will be required to register in order to view payments.

Payment information is maintained for 120 days from invoice payment. Vendors can find out when invoices have been paid by Electronic Funds Transfer (EFT), etc. This website can save valuable time and frustration over billing questions and it is a free service.

(f) RELEASE OF INFORMATION:

The contractor shall not release or authorize release of DoD specifications; acceptance test results; information involving critical military technology; or any other information in which the DoD maintains proprietary rights, or is otherwise confidential or classified. This restriction includes any endorsement by the Department of Army of a contractor. Release of information under the circumstances referenced above requires the prior written approval of the Contracting Officer responsible for this contract. It is the contractor's responsibility to be familiar with, and comply with the requirements of Chapter 5, page 22, paragraph 5-48, of AR 360-1 may be found at http://www.usapa.army.mil/pdffiles/r360_1.pdf

*** END OF NARRATIVE 1 ***

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 FIRST ARTICLE APPROVAL

REQUIRED - Spring Pack, per Drawing # 11583595, Revision New, for 155MM M284 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A; along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH23UWV406EHM71

National Stock Number:

5360016996524 Manufacturer's Part Number: 11583595 Manufacturer's CAGE: 1NUW7 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

298 Each

0002 FIRST ARTICLE APPROVAL WAIVED

- Spring Pack, per Drawing # 11583595, Revision New, for 155MM M284 Cannon. To include contract data prepared and delivered in accordance

298 Each with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A; along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH23UWV406EHM71

National Stock Number:

5360016996524 Manufacturer's Part Number: 11583595 Manufacturer's CAGE: 1NUW7 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

0003 FIRST ARTICLE APPROVAL

REQUIRED - Spring Pack, per Drawing # 11583595, Revision New, for 155MM M284 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A; along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH23UWV406EHM71

National Stock Number:

5360016996524 Manufacturer's Part Number: 11583595 Manufacturer's CAGE: 1NUW7 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

19 Each

0004 FIRST ARTICLE APPROVAL WAIVED

- Spring Pack, per Drawing # 11583595, Revision New, for 155MM M284 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A; along with general data drawings attachment A. INSPECTION

REQUIRED MID:EH23UWV406EHM71

19 Each

National Stock Number:

5360016996524 Manufacturer's Part Number: 11583595 Manufacturer's CAGE: 1NUW7 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

Option Line Item

***OPTION IN ACCORDANCE WITH

FAR 52.217-7*** Spring Pack, per Drawing # 11583595, Revision New, for 155MM M284 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA

REQUIREMENTS LIST (DD FORM

1423) which is attached hereto as EXHIBIT A; along with general data drawings attachment A. NSPECTION

REQUIRED MID:EH25UWV302EHM71

Manufacturer's Part Number: 11583595 Manufacturer's CAGE: 1NUW7 National Stock Number:

5360016996524 Claimant Program Code: A5 Pricing Arrangement: Firm Fixed Price

317 Each

Section C - Description/Specifications/Statement of Work

LOCAL NARRATIVES - SECTION C

TECHNICAL DATA PACKAGE INFORMATION

The following "X"d item applies to this solicitation:

[ ] 1. There is no Technical Data Package (TDP) included with this solicitation.

[X] 2. The TDP for this solicitation resides within SAM (https://www.SAM.gov), associated with this solicitation number, and can be accessed via this URL: Attached in Sam

-1-

To access the data through SAM

a. Log on to the SAM web site.

b. Search for the solicitation number.

c. The solicitation and TDP documents will be attached in the "Attachments/Links" section of the posting. Access to documents in this section will be marked either "Public" or ""Controlled"

d. Public documents can be viewed right away. To access controlled documents, click on the document link and select

"Request Access." This will generate an email to the contracting specialist or contracting officer responsible for the solicitation to notify them a contractor is requesting access. Access will be granted to contractors with an active DD2345 on file. SAM will subsequently automatically generate an email stating when the requesting contractor has permission to view or download TDP items. Allow two (2) to three (3) working days to complete this TDP access/approval process through the SAM system.

f. If multiple individuals in the contractor's organization need access to the Technical Data Package (TDP) for a solicitation and an explicit access request is required, each individual MUST submit an explicit access request to be granted approval to view the TDP. Those same individuals MUST be registered in SAM. Any individuals no longer with the company should be deleted.

g. It is strongly suggested that contractors submit the explicit access request and provide the buyer with the completed "Use and Non-Disclosure Agreement" at the same time if the solicitation requires both to gain access to view the TDP.

ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

(a) The contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the

Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency

Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 "Personal Identity Verification of Contractor Personnel") as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition

(FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

(b) For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05, The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2)

Remote access, via logon, to a DoD network using DoD-approved remote access procedures;

or (3) Physical access to multiple

DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six

(6) months or more. At the discretion of the sponsoring activity, an initial CAC may be issued on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personal Management.

(c) For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards, and procedures using the National Crime

Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-

05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures elsewhere in Section C; Non-disclosure Statement; for OCONUS locations, refer to the Status of Forces Agreement and other theater regulations.

*** END OF NARRATIVE 1 ***

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F533000QL

Product Service Code : 5360 North American Industry Classification System (NAICS) : 332710 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F533000QL

Product Service Code : 5360 North American Industry Classification System (NAICS) : 332710 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F533000QK

Product Service Code : 5360 North American Industry Classification System (NAICS) : 332710 Bill to Party: W16H1F

CLIN only - Requisition Document Number (MILSTRIP, DLMS, FEDSTRIP) : W16H1F533000QK

Product Service Code : 5360 North American Industry Classification System (NAICS) : 332710 Bill to Party: W16H1F

Option Line Item 0005 Product Service Code : 5360

Section D - Packaging and Marking

Section E - Inspection and Acceptance

INSPECTION/ACCEPTANCE CRITERIA

PLACE OF INSPECTION AND ACCEPTANCE

Government inspection/acceptance will be made by the authorized Government Representative located at:

Inspection Acceptance

[ X] Watervliet Arsenal [ X] Watervliet Arsenal

[ ] Contractor's Plant [ ] Contractor's Plant

GENERAL REQUIREMENTS FOR QUALITY ASSURANCE (DEC 2001) (ACC-WRN

(WVA))

Contractor requirements and inspection provisions are required in accordance with QAP- APPENDIX-BL and item QAP(s), if applicable.

(END OF CLAUSE)

52.209-4 Alt I -- First Article Approval -- Government Testing (Sep 1989)

(a) The Contractor shall deliver Two LEAF SPRING PACK, 11583595, shall be furnished for 100% inspection of all requirements, to assure compliance with QAP(s), specification(s) and drawing(s).

If a first article requirement is specified on any QAP that is listed in PARTI, the first article for that component shall be preformed as specified on that QAP. __unit(s) of Lot/Item 0001 and within calendar days from the date of this contract to the Government at _0003 120

WATERVLIET ARSENAL

VENDOR QUALITY & GAGE CALIBRATION WORK GROUP

BLDG #35E, ATTN: TAWV-ODQ-M

WATERVLIET, NY 12189-4050

for first article tests. The shipping documentation shall contain this contract number and the Lot /Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(j) The Contractor shall produce both the first article and the production quantity at the same facility.

(End of clause)

*** END OF NARRATIVE 1 ***

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-2 Inspection of Supplies- Fixed-Price.

1996-08

52.246-16 Responsibility for Supplies. 1984-04

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: INSPECT/ACCEPT

DoDAAC: W911PT CountryCode: USA

W6QK ACC WVA

ACC WATERVLIET ARSENAL, 1 BUFFINGTON ST

WATERVLIET, NY 12189-4050

UNITED STATES

Section F - Deliveries or Performance

LOCAL NARRATIVES - SECTION F

DELIVERY INFORMATION

Effective March 1, 2020, all commercial carriers must request an appointment for delivery to Watervliet Arsenal through the Carrier Appointment

System (CAS). Carriers can register for CAS at https://eta.sddc.army.mil/. In the event that a carrier is either unable to register for CAS, or if CAS is down, carries must call the transportation desk at 518-266-5858 to schedule an appointment.

Note(s):

Late/early arrivals may be rescheduled to the next available appointment date.

This will not apply to small package carriers such as FEDEX, UPS, or DHL.

(b) Notice: Normal delivery hours for receipt of supplies at Watervliet Arsenal are as follows:

Monday through Thursday Business Hours: 6:30 A.M. EST to 3:30 P.M. EST

Friday Business Hours: Every other Friday from 6:30 A.M. EST to 2:00 P.M. EST

Fridays will be staggered with every other Friday being a closed business day. The first Friday of 2026 to be closed is January 9, 2026.

BASED ON THE ABOVE, CONTRACTORS SHOULD CALL THE CONTRACT/PURCHASE

ORDER ADMINISTRATOR IN ADVANCE IF

DELIVERY IS SCHEDULED FOR A FRIDAY TO FIND OUT IF THE ARSENAL WILL BE OPEN

FOR BUSINESS.

Also, when a federal holiday is normally observed on a Friday, the Arsenal may be closed on the preceding Thursday. In these instances, please contact the contract/purchase order administrator in advance of delivery if Thursday delivery is anticipated to determine if the arsenal will be open for business.

THE ABOVE INFORMATION SHOULD BE NOTED WHEN SCHEDULING DELIVERIES AS

WATERVLIET ARSENAL WILL NOT BE

LIABLE FOR ANY STORAGE, DEMURRAGE OR SHIPPER LABOR COSTS INCURRED AS A

RESULT OF CONTRACTOR ATTEMPTED

DELIVERIES ARRIVING DURING NONBUSINESS HOURS.

ITEM DESCRIPTION:

The material delivered hereon must be tagged or otherwise identified by placing the purchase order/contract number on the packing slip or it will be returned at the contractor's expense. If more than one item is involved, material must be segregated by item and must be tagged or otherwise identified by item number. National stock number, when applicable, must be shown on all vendor's documents, such as Bill of Landing, Notice of Shipment, delivery or packing slip, etc.

*** END OF NARRATIVE 1 ***

0001 Delivery Schedule From date of lead time event to delivery 120 Calendar Days

Date of Award 2 Each Delivery Schedule From date of lead time event to delivery 60 Calendar Days

Date of First Article Test Approval 296 Each

298 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0002 Delivery Schedule From date of lead time event to delivery 150 Calendar Days

Date of Award 298 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0003 Delivery Schedule From date of lead time event to delivery 120 Calendar Days

Date of Award 2 Each Delivery Schedule From date of lead time event to delivery 60 Calendar Days

Date of First Article Test Approval 17 Each

19 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0004 Delivery Schedule From date of lead time event to delivery 150 Calendar Days

Date of Award

19 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Delivery Schedule From date of lead time event to delivery 150 Calendar Days

CLIN Only - Date of Option Exercised 317 EachQuantity

Address and POC Ship To DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050 WATERVLIET, NY

12189-4050 UNITED STATES

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.242-15 Stop-Work Order. 1989-08

52.242-17 Government Delay of Work.

1984-04

52.247-34 F.o.b. Destination. 1991-01

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

(b) The WAWF system provides the method to electronically Electronic invoicing.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF WAWF training.

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) Document submissions may be via web WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information WAWF payment instructions.

when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the Document type.

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.

Invoice and Receiving Report (Combo)

(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.

N/A

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

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

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

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

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

(3) The Contractor shall use the information in the Routing Data Document routing.

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

Pay Official DoDAAC

HQ0303

Issue By DoDAAC

W911PT

Admin DoDAAC

W911PT

Inspect By DoDAAC W16H1F

Ship To Code W16H1F

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes Payment request.

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) The Contractor shall ensure a receiving report meets the Receiving report.

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.

Amanda Robinson, 518-728-9327, amanda.p.robinson2.civ@army.mil

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

(End of clause)

Section H - Special Contract Requirements

LOCAL NARRATIVES - SECTION H

CRITICAL MILITARY TECHNOLOGY

The documents, drawings (microfilms) listed herein contain critical military technology that is owned by the United States Government, Watervliet Arsenal. These documents, drawings (microfilm) are not to be used for any purpose other than the purpose for which they are furnished, nor shall they be distributed or reproduced for any purpose, nor any part of their contents revealed in any manner, to persons other than the individuals or organizations specified to receive it, or their employees, without written consent of the Watervliet Arsenal.

LIST OF DOCUMENTS/DRAWING NO.

11583669, Revision New

DISCLOSURE OF WATERVLIET ARSENAL TECHNOLOGY

In accordance with, Title 10 of the U.S. Code Section 4542, no Cannon Production Technology as defined herein, may be furnished to any foreign source or representative thereof. Therefore, solicitations and subsequent contracts for this requirement will be confined only to United States, Puerto Rico, and Canada which are considered part of the United States

Industrial Base.

Cannon Production Technology (as defined below) or other technology on any defense item being manufactured or developed at Watervliet

Arsenal, will not be released outside the offeror's/contractor's firm and/or the United States of America (the latter prohibition includes, but is not limited to, disclosure to the offeror's/contractor's foreign subsidiaries, affiliates, etc.) nor will such technology be used to manufacture cannon (as defined below) or other defense items being manufactured or developed at Watervliet Arsenal, in response to requests from anyone other than

Watervliet Arsenal, without prior written approval of Watervliet Arsenal (WVA).

The offeror/contractor is hereby notified that any breach by him/her of the above provision may legally be pursued by the Government as a breach of implied contract (with respect to an offeror) or breach in contract (with respect to the firm awarded the contract). The offeror/contractor is hereby also placed on written notice that any damages the Government chooses to pursue for such breach may include any consequential damages for which the offeror/contractor would be liable. In addition, injunctive relief may be pursued in the event of violation of the above provision.

If prior approval of Watervliet Arsenal has been obtained, as required by the above provision, any subcontract is involved, the contractor shall insert the substance of this provision (that is, the first three full paragraphs above) in such subcontract.

Failure of the contractor to include this provision in any subcontract may be pursued by the Government as a breach of contract by the contractor whereby he/she may be liable for any damage, to include consequential damages, caused Watervliet Arsenal due to unauthorized release or use of the data by the subcontractor.

Additionally, any drawings, specifications, or other technical data furnished with this solicitation need not be returned to the Watervliet

Arsenal, but should be disposed of by the offeror, however care must be taken to assure disposal of the data is made in a manner which will comply with the terms of this provision.

DEFINITIONS

1. CANNON: is defined as a complete assembly consisting of a tube, breech mechanism, firing mechanism, and all integral components. It may include tube attachments and muzzle appendages. It is a component of a weapon system of 40mm Bore or over such as tank guns, towed and self-propelled howitzers, naval guns, mortars, and recoilless guns.

2. CANNON PRODUCTION TECHNOLOGY: is defined as the technical data package and manufacturing technology.

a. TECHNICAL DATA PACKAGE: cannon engineering drawings, specifications and standards.

b. MANUFACTURING TECHNOLOGY: is technical knowledge, documentation, assistance, and equipment and machines used and useful in the manufacture of cannon.

(1) TECHNICAL KNOWLEDGE: is the know-how collected, trade secrets, production experience and special skills necessary for the production of cannon and is the technical information and inventions necessary for the manufacture of cannon and relating to the manufacture of cannon.

(2) TECHNICAL DOCUMENTATION: is manufacturing technical data; comprising drawings, specifications, schemes, composition, descriptions, methods of calculations, instructions, and other information necessary and sufficient for the manufacture of cannon.

(3) TECHNICAL ASSISTANCE: is all assistance required to make practical and economical use of the technology required to manufacture cannon, such as delivery of documentation, training of personnel, instructions, consultations and acquainting of specialists with the most economical method of using this technology in the manufacture of cannon.

(4) EQUIPMENT AND MACHINES: are production machines, machine accessories, apparatuses, spare parts and tooling, complete and in such quantity and quality as to secure the proper operation of a plant for cannon manufacture.

*** END OF NARRATIVE 1 ***

Section I - Contract Clauses

LOCAL NARRATIVES - SECTION I

PROMPT PAYMENT NOTICE TO FAR 52.232-25(a)(5)(i) For the purpose of this clause referenced elsewhere herein, Government acceptance shall be deemed to have occurred constructively on the 30th day after the contractor delivered the supplies or performed the services.

*** END OF NARRATIVE 1 ***

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.202-1 Definitions. 2020-06

52.203-3 Gratuities. 1984-04

52.203-5 Covenant Against Contingent Fees. 2014-05

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-7 Anti-Kickback Procedures. 2020-06

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

2014-05

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

2020-06

52.204-13 System for Award Management Maintenance.

2018-10

52.204-18 Commercial and Government Entity Code Maintenance.

2020-08

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

2021-11

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

2025-01

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

2018-10

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11

52.211-5 Material Requirements. 2000-08

52.211-15 Defense Priority and Allocation Requirements.

2008-04

52.215-2 Audit and Records-Negotiation. 2020-06

52.215-8 Order of Precedence-Uniform Contract Format.

1997-10

52.215-14 Integrity of Unit Prices. 2021-11

52.219-6 Notice of Total Small Business Set-Aside. 2020-11

52.219-8 Utilization of Small Business Concerns. 2025-01

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment.

2020-06

52.222-37 Employment Reports on Veterans. 2020-06

52.222-40 Notification of Employee Rights Under the 2010-12

National Labor Relations Act.

52.222-50 Combating Trafficking in Persons. 2021-11

52.222-54 Employment Eligibility Verification. 2025-01

52.225-13 Restrictions on Certain Foreign Purchases.

2021-02

52.226-7 Drug-Free Workplace. 2024-05

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.227-1 Authorization and Consent. 2020-06

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

2020-06

52.232-1 Payments. 1984-04

52.232-8 Discounts for Prompt Payment. 2002-02

52.232-11 Extras. 1984-04

52.232-17 Interest. 2014-05

52.232-23 Assignment of Claims. 2014-05

52.232-25 Prompt Payment. 2017-01

52.232-33 Payment by Electronic Funds Transfer- System for Award Management.

2018-10

52.233-1 Disputes. 2014-05

52.233-3 Protest after Award. 1996-08

52.242-13 Bankruptcy. 1995-07

52.243-1 Changes-Fixed-Price. 1987-08

52.244-6 Subcontracts for Commercial Products and Commercial Services. (DEVIATION

2025-10 Deviation 2025-

2025-03

2025-O0003) O0003

52.246-23 Limitation of Liability. 1997-02

52.249-2 Termination for Convenience of the Government (Fixed-Price).

2012-04

52.249-8 Default (Fixed-Price Supply and Service). 1984-04

52.253-1 Computer Generated Forms. 1991-01

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

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

2023-01

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7000 Disclosure of Information. 2016-10

252.204-7003 Control of Government Personnel Work Product.

1992-04

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013

REVISION 1)

2024-05 Deviation 2024- O0013

2024-05

252.204-7022 Expediting Contract Closeout. 2021-05

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

2019-05

Government of a Country that is a State Sponsor of Terrorism.

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7002 Qualifying Country Sources as Subcontractors.

2022-03

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment. 2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.247-7023 Transportation of Supplies by Sea. 2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause-

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.

g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.204-1 Approval of Contract. 1989-12

Approval of Contract (Dec 1989)

This contract is subject to the written approval of and shall not Chief of the Contracting Office be binding until so approved.

(End of clause)

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12

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.

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

2023-12

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (Dec 2023)

(a) Definitions. As used in this clause-

Kaspersky Lab covered article means any hardware, software, or service that-

(1) Is developed or provided by a Kaspersky Lab covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab covered entity.

Kaspersky Lab covered entity means-

(1)…