W912DY-20-R-0066 TI BOA.pdf

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Ariel.S.Wilkins@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

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

1 72

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912DY 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 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

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

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ARIEL S WILKINS

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 - 9 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 12 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 13 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

14 - 34

PART II - CONTRACT CLAUSES

US ARMY ENGINEERING & SUPPORT CENTER

475 QUALITY CIRCLE NW

HUNTSVILLE AL 35806

256-895-1110

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

35 - 38

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

01 Jul 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912DY20R0066

Section A - Solicitation/Contract Form

EXECUTIVE SUMMARY

EXECUTIVE SUMMARY

A.1 Background. The United States Department of Defense (DoD) High Performance Computing Modernization Program (HPCMP) fulfills the supercomputing requirements of DoD scientists and engineers by (1) acquiring the most advanced, leading-edge computational architectures and supporting these systems with complementary specialized expertise; (2) maintaining the Defense Research and Engineering Network (DREN) which tailors digital networking and security technologies to securely deliver computational capabilities to the distributed DoD Research, Development, Testing, & Evaluation (RDT&E) community; and (3) leveraging code development and improvement efforts across Government, industry, and academia in order to supply innovative HPC software application codes.

Technology Insertion (TI) solutions will be fielded primarily at the following four DSRCs and will encompass the unique requirements of each center:

• U.S. Army Research Laboratory (ARL) DSRC, Aberdeen Proving Ground, Maryland

• U.S. Army Corps of Engineers, Engineer Research and Development Center (ERDC) DSRC, Vicksburg, Mississippi

• Air Force Research Laboratory (AFRL) DSRC, Wright-Patterson Air Force Base, Ohio

• U.S. Navy DSRC, John C. Stennis Space Center, Mississippi

Each DSRC provides an HPC computational environment with a full range of resources including hardware, software, networking, data storage, archiving, and visualization. To ensure the continued effectiveness of the DSRCs, an insertion of new technology is conducted, estimated programmatically at $68.75M per year with five (5) one-year options at the individual order level for administration and maintenance support of the supercomputing hardware procured that has an estimated value of $2.75M per year. The projected annual obligation amounts for the TI program are based on historical program data and future program requirements.

A.2 Objective. The primary objective of this Basic Ordering Agreement (BOA) is to provide the High Performance Computing Modernization Program (HPCMP) with world-class high performance computing capabilities for the DoD. The BOA holders will be responsible for providing the Government with balanced, commercially- available, production-grade High Performance Computing (HPC) systems, which contain an appropriate combination of processor, memory, disk Input/Output (I/O), interconnect, and Operating System (OS) capabilities in order to conduct complex, tightly-coupled, large-scale, scientific calculations.

A.3 BOA Information. BOAs are not contracts, but written terms and agreements to do business.

Each BOA will contain terms, conditions and clauses applying to future contracts (orders) between the parties. Additional clauses may be added at order level, along with a description of the services to be provided; and methods for pricing, issuing, and delivering future orders under the BOA. The basic framework of the orders will be identified by contract line item numbers

(CLINs). Each BOA will be reviewed annually and revised as necessary to conform to the requirements in accordance with FAR Subsection 16.703(c) (2). At the time of the annual reviews, new BOAs may be issued to enlarge the pool of contractors if they qualify and meet the criteria established in the Request for Proposal (RFP) through an “on ramp” process. The “on-ramp” RFP will be posted on www.beta.sam.gov and will contemplate orders for a specific FY.

This process will satisfy FAR Part 6 competition requirements for the orders. The Government does not have a target number of BOAs to be issued. All Offerors who receive an “Acceptable” Rating for Factor 1, Technical and at least a Satisfactory or Neutral Confidence in Past Performance will be issued a BOA. Award shall not be made to any offeror with a solution that contains deficiencies. Awardees of this BOA will be eligible to compete for CEHNC Fiscal Year (FY) 2022 HPCMP TI BOA Orders. For FY 2023 and future FYs, CEHNC will offer an “on-ramp” opportunity for new qualifying firms. Offerors must be registered in SAM to receive a BOA. The SAM website is https://www.sam.gov.

A.4 BOA Term. BOAs will have an ordering period of five (5) years from the effective date of the agreement.

A.5 Binding Contract. In accordance with (IAW) FAR 16.703 at the time an order is issued under a BOA, the order becomes a binding contract between the contractor and the Government.

The estimated total capacity acorss all awards BOAs is $369.75M over the five year ordering period.

A.6 Ordering Procedures. At the time orders are issued on the BOA, the order becomes a binding contract between the contractor and the Government. Funding will be provided at the order level. Each individual order will contain the required terms and clauses for that particular requirement (previously agreed upon in the BOA). The CLINs on the orders will be Firm Fixed Price. The CLINs will be for the technology insertions and the maintenance of the systems. A solicitation will be issued for each requirement and the proposals will be evaluated against the evaluation factors identified under that order. The Government will synopsize each order on the Government Point of Entry website (www.beta.sam.gov), through the Army Single Face to Industry (ASFI), to promote full and open competition in accordance with FAR Part 6. In accordance with the programmatic Acquisition Plan for this requirement, the Government will evaluate order proposals based on the following evaluation criteria:

- Price

- Technical Capability and System Attributes

- Past Performance

- Small Business Utilization/Participation

A.7 Order Pricing. All requirements will be solicited as Firm Fixed Price orders, with all requirements being fully defined at the time of each solicitation. The Government will evaluate all aspects of the price proposals for fairness, reasonableness, balance, and affordability.

A.8 The U.S. Army Engineering and Support Center, Huntsville, is the only agency authorized to issue orders under this BOA.

A.9 The U.S. Army Engineering and Support Center, Huntsville is the only authorized ordering office and no other agency can make changes to the Base Agreement. Other USACE offices, upon authorization from the US Army Engineering and Support Center, may be delegated this authority, in which case, an advance written notice will be given to the contractors. The U.S.

Army Engineering and Support Center may also transfer BOA orders to other USACE offices for administration. Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this agreement you shall not proceed with the change and shall immediately notify the Contracting Officer. BOA holders are not guaranteed any orders, awards, or minimum guarantee.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Technology Insertion

FFP

Base CLIN for all hardware procurement for the High Performance Computing Modernization Program. The ordering term for this CLIN is five years from the date of award.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 7B20

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Administration/Maintenance

FFP

Base CLIN for all administration/maintenance associated with the Technology Insertion procurement for the High Performance Computing Modernization Program. Ordering period is 5 years beginning on the date of award.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 7B20

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

US Army Engineering and Support Center, Huntsville BOA Level Scope of Work

19 March 2021

1.0 OBJECTIVE.

The primary objective of this Basic Ordering Agreement (BOA) is to provide the High Performance Computing Modernization Program (HPCMP) with world-class high performance computing capabilities for the United States Department of Defense (DOD). The BOA holders will be responsible for providing the Government with balanced, commercially- available, production-grade High Performance Computing (HPC) systems, which contain an appropriate combination of processor, memory, disk Input/output (I/O), interconnect, and Operating System (OS) capabilities in order to conduct complex, tightly-coupled, large-scale, scientific calculations.

2.0 DESCRIPTION

2.1 Locations.

Requirements for each order will be located primarily at the following four DSRCs and will encompass the unique requirements of each center:

• Air Force Research Laboratory (AFRL) DSRC, Wright-Patterson Air Force Base, Ohio

• Army Research Laboratory (ARL) DSRC, Aberdeen Proving Ground, Maryland

• U.S. Navy DSRC, John C. Stennis Space Center, Mississippi

• U.S. Army Corps of Engineers, Engineer Research and Development Center (ERDC) DSRC, Vicksburg, Mississippi

2.2 System Manufacturing Capabilities.

To satisfactorily complete the work, the contractor, who must be a United States of America Original Equipment Manufacturer (OEM), must have expert knowledge of federal Government standards and industry recognized national standards for advanced computing and communication technologies. Targeted system attributes at the order level may include the following (specific orders may have varying requirements—these are meant to be illustrative of an exemplar HPC system.):

• A high ratio of peak CPU memory bandwidth to peak CPU floating point capability

• 256 GB to 4 TB of random access memory per compute node. Single bit correction and multibit error detection are required

• A minimum of 512 compute total compute nodes spanning a range of node types to include a range of supported processor socket counts and nodes with and without support for PCIe devices (e.g. non volatile memory express (NVMe) storage, general purpose graphic processing units (GPGPUs))

• Multiple petabyte-scale distinct parallel file systems with all metadata stored on solid state devices, no single point of failure, and protection from double storage device failures (e.g

RAID6)

• Aggregate data transfer rates between the compute nodes and each file systems ranging from 20 GB/s to 1 TB/s

• An ability to simultaneously mount multiple file systems on all login nodes and all compute nodes or a subset of file systems on a subset of nodes

• A high number (500,000+) of I/O operations per second (IOPs) using 1, 32, and 128 active nodes for the following file operations for each parallel file system: (1) open/create, (2) file stat, (3) #1 and #2 simultaneously, and (4) unlink

• A tightly integrated interconnect with (1) each link having at least 100 Gbps of bandwidth per processor socket and (2) an end-to-end latency that is no greater than 3µs (two microseconds)

• A well-tuned operating system (OS) with low jitter, configured in accordance with DISA security technical implementation guides (STIGs)

• A 40 gigabit Ethernet interface (or higher data rate) for external (i.e. wide-area network [WAN]) connectivity with IPv4 and IPv6 dual-stack functionality

• A 40 gigabit Ethernet interface (or higher data rate) for internal DSRC(i.e. local-area network [LAN]) connectivity with IPv4 and IPv6 dual-stack functionality

• Workload management software with ability to launch jobs using container-based solutions (e.g. Docker, Shifter, Singularity)

• An appropriate number of job scheduling nodes with (a) suitable job scheduling software and (b) adequate memory, processing capability, and redundancy

• Use of HPCMP Kerberos and HPCMP Public Key Infrastructure (PKI) authentication software and HPCMP Secure Shell (SSH) communication software (which will be furnished by the Government)

• Adherence to the following power quality standards: CBEMA, ITIC, SEMI F47, IEC 61000-4-11/34

• Three-phase power cabinet supply with a preference for a supply voltage of 480V

• A cooling solution in which a minimum of 98% of the heat generated by the system is removed by liquid-cooling

• Login nodes and data transfer nodes which contain the same processor type as the compute nodes to facilitate compiling, data transfer, and other interactive functions, but contain more memory per core, additional 40 Gbps network interfaces, and with support for GPGPUs

• A test and development system (TDS) which is a smaller version of the base system (i.e.

configured with similar hardware, software, file system, and I/O attributes) to allow effective system software testing, user code porting, and base system configuration management

• An ability to execute as many software packages listed on the HPCMP’s software web page (https://centers.hpc.mil/software) as possible

• At least two suites of high-level language compilers: (a) GNU Compiler Collection (version 9 or higher) and (b) a proprietary suite targeting each processor type included in the system

• At least two implementations of MPI with at least one being compliant with the MPI- 3.1+ standard

• JavaScript and go scripting languages

Python 3.8 (or higher) must be provided with as many of the following extensions as possible:

NumPy, PyMPI, MPI4Py, SciPy, PyTorch, and IPython. Support for Jupyter notebooks is required

• Multiprocessing APIs (including OpenMP), standard computational libraries (including BLAS, BLACS, FFTW, LAPACK, and ScaLAPACK), accelerator computational libraries/compilers (including OpenCL, and OpenACC), performance libraries [including the Performance API (PAPI]), and an integrated development environment

• Application performance instrumentation tools (including at least one code profiler that interfaces with PAPI and at least one tool that provides MPI messaging statistics)

• A high level of system reliability (i.e. a high overall effectiveness level and a low number of user/job interrupts)

• A high level of performance on high performance applications and libraries such as GAMES, CTH, HYCOM, AVUS, and FFTW over processor ranges from 8,192 to a minimum of 65,536 processor cores

2.3 Administration and Maintenance.

The BOA holders shall be able to provide for system administration and 24 hours per day, 7 days per week system maintenance (over five one-year options at the individual order level) and therefore must ensure that (1) the monthly system effectiveness level does not fall below 97%,

(2) the monthly number of user/job interrupts does not exceed the maximum allowable (which is determined by dividing the number of nodes in the base system by one hundred), (3) the response time for remedial maintenance is less than four hours (some orders may require a short response time), (4) new software is tested and ready for operation prior to implementation on the base system, and (5) software/hardware security vulnerabilities are addressed in a timely manner.

3.0 SECURITY REQUIREMENTS

Since HPCMP systems will be placed (predominantly) at DOD facilities, BOA holders must have sufficient personnel with SECRET level clearances for the purposes of system installation, capability testing, effectiveness level testing, administration, and maintenance. All personnel requiring privileged access to any system and/or supporting network/security component must have an adjudicated tier 5 background investigation, a clearance commensurate with the classification of the system, Information Assurance Technician (IAT) Level II or III certification (see https://disa.mil/ or https://disa.mil/NewsandEvents/Training) and computing environment certifications specific to all relevant operating systems.

4.0 PUBLIC AFFAIRS

The BOA holder shall not publicly disclose any data generated or reviewed under this agreement. The BOA holder shall refer all requests for information concerning projects to the Contracting Officer for comment. Prior to release, any publication articles shall be coordinated and approved by the Contracting Officer.

5.0 SUBMITTALS

All submittal requirements will be identified at the order level. These may include but are not limited to: safety plans, quality control plans, project schedules, testing plans, testing results, and closeout documentation.

6.0 REPORTING REQUIREMENTS

All reporting requirements will be established at the order level. Typical reporting requirements are on a monthly basis however, each order will identify the specific requirements for that procurement.

7.0 POINTS OF CONTACT

The POCs for the BOA level are listed below. Other POCs may be identified at the individual order level. The Contracting Officer shall always be included on all correspondence related to this BOA and all orders.

7.1 Contracting Officer: TBD

7.2 Acquisition Project Manager:

Jason Bray

(256) 895-1514 Jason.A.Bray@usace.army.mil

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.246-7001 Warranty Of Data MAR 2014

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0002 N/A N/A N/A N/A

252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment

To The Cost Bearer

JUN 2013

Section G - Contract Administration Data

G.1. Contract Administration Office The contract administration office for this agreement is located at the following address:

U.S. Army Engineering & Support Center, Huntsville ATTN: CEHNC-CT 475 Quality Circle Huntsville, AL 35806

G.2. Contracting Officer Representative (COR) The COR for this Agreement is: To be determined at the BOA Order level

G.3. Program Manager The Program Manager for this contract is: Jason Bray U.S. Army Engineering & Support Center, Huntsville ATTN: Jason Bray 475 Quality Circle Huntsville, Alabama 35806 Phone: 256-895-1514

G.4. Contracting Officer (KO) The Administrative Contracting Officer (ACO) for this agreement is: TBD

U.S Army Engineering & Support Center, Huntsville

ATTN: CEHNC-CT

G.5 Identification of Correspondence All correspondence and data submitted by the Contractor under this Contract shall reference the Contract and be submitted to the Contracting Officer at the address in G1.

G.6. Electronic Funds Transfer (EFT) Government shall utilize the Electronic Funds Transfer method of payment. The following web site will provide information and the authorized form for EFT payments by the paying activity located in Millington, TN.

http://www.usace.army.mil/Finance-Center

G.7. Army Electronic Invoicing Instructions All invoices must be submitted to the U.S. Army Engineering and Support Center, Huntsville (CEHNC) for technical review and payment. The preferred method for submitting invoices is through the Resident Management System.

Finance Center POC and Phone: To be provided at BOA order award.

Questions concerning payments should be directed to the USACE Finance Office at:

U.S. ARMY CORPS OF ENGINEERS FINANCE CENTER

5722 INTEGRITY DRIVE

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 Ordering Procedures. It is the Government’s intent is to synopsize each order on the Government Point of Entry website (www.beta.sam.gov), through the Army Single Face to Industry (ASFI), to promote full and open competition in accordance with FAR Part 6. Preceding request for order non-BOA holders will be given opportunity to “on-ramp” by submitting proposals. Proposals must also include the non-BOA holders’ technical qualifications, specialized experience, and past performance questionnaires that were required with this initial BOA RFP as part of their submittal for the baseline TI requirements to be evaluated. If successful, the firm will be deemed eligible for award and also issued a BOA. If not successful, feedback will be provided to ensure that the firm can address issues and re-submit qualifications at the annual review. In accordance with the programmatic Acquisition Plan for this requirement, the Government will evaluate order proposals based on the following evaluation criteria:

- Price

- Technical Capability and System Attributes

- Past Performance

- Small Business Utilization/Participation

H.2 Order Pricing. All requirements will be solicited as Firm Fixed Price orders, with all requirements being fully defined at the time of each solicitation. The Government will evaluate all aspects of the price proposals for fairness, reasonableness, balance, and affordability.

Section I - Contract Clauses

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt II Small Business Subcontracting Plan (JUN 2020) Alternate II NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons OCT 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-6 Payment Under Communication Service Contracts with

Common Carriers

APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.239-1 Privacy or Security Safeguards AUG 1996 52.243-1 Changes--Fixed Price AUG 1987 52.246-19 Warranty Of Systems And Equipment Under Performance

Specifications Or Design Criteria

MAY 2001

52.246-19 Warranty Of Systems And Equipment Under Performance Specifications Or Design Criteria

MAY 2001

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.219-7000 Advancing Small Business Growth SEP 2016 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7004 Drug Free Work Force SEP 1988 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends

MAY 2013

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7000 Protection Against Compromising Emanations OCT 2019 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7017 Notice of Supply Chain Risk FEB 2019 252.239-7018 Supply Chain Risk FEB 2019 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

X (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

____ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

X____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

X (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

X (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

X (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.232-16 PROGRESS PAYMENTS (JUN 2020)

The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by the Contracting Officer, under the following conditions:

(a) Computation of amounts.

(1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR) 31.205-10 as an incurred cost for progress payment purposes.

(2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors--

(i) In accordance with the terms and conditions of a subcontract or invoice; and

(ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government.

(3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid).

(4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause:

(i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices.

(ii) Costs incurred by subcontractors or suppliers.

(iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of such costs.

(iv) Payments made or amounts payable to subcontractors or suppliers, except for --

(A) Completed work, including partial deliveries, to which the Contractor has acquired title; and

(B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title.

(5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor

(ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete.

(6) The total amount of progress payments shall not exceed 80 percent of the total contract price.

(7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) of this clause, the Contractor shall repay the amount of such excess to the Government on demand.

(8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions.

(9) The costs applicable to items delivered, invoiced, and accepted shall not…