W91CRB-19-Q-5011.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror To Complete Block 12, 17, 23, 24, & 30

1. Requisition Number Page Of

2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date

7. For Solicitation Information Call:

A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time

9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:

Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program

Hubzone Small Business EDWOSB

Service-Disabled Veteran-Owned Small Business NAICS:

Email: 8(A) Size Standard:

11. Delivery For FOB Destination Unless Block Is Marked

12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating

See Schedule 14. Method Of Solicitation RFQ IFB RFP

15. Deliver To Code 16. Administered By Code

Telephone No.

17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code

Telephone No.

17b. Check If Remittance Is Different And Put Such Address In Offer

18b. Submit Invoices To Address Shown In Block 18a Unless Block Below Is Checked See Addendum

19.

Item No.

20.

Schedule Of Supplies/Services

21.

Quantity

22.

Unit

23.

Unit Price

24.

Amount

(Use Reverse and/or Attach Additional Sheets As Necessary)

25. Accounting And Appropriation Data 26. Total Award Amount (For Govt. Use Only)

27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are Are Not Attached.

27b.Contract/Purchase Order Incorporates By Reference FAR 52.212-4. FAR 52.212-5 Is Attached. Addenda Are Are Not Attached.

28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer Copies to Issuing Office. Contractor Agrees To Furnish And Deliver All Items Set Forth Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified.

Dated . Your Offer On Solicitation (Block 5), Including Any Additions Or Changes Which Are Set Forth Herein, Is Accepted As To Items:

30a. Signature Of Offeror/Contractor 31a. United States Of America (Signature Of Contracting Officer)

30b. Name And Title Of Signer (Type Or Print) 30c. Date Signed 31b. Name Of Contracting Officer (Type Or Print) 31c. Date Signed

Authorized For Local Reproduction Previous Edition Is Not Usable

Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212

W91CRB-19-Q-5011

ANH Q NGUYEN (410)278-0892

ANH.Q.NGUYEN14.CIV@MAIL.MIL

2019SEP23 10:00am

W91CRB

ACC-APG - DIVISION D (W91CRB)

6515 INTEGRITY COURT

APG, MD 21005-3013

X

X 100

423430

X

X DOA7

X

SEE SCHEDULE

SEE SCHEDULE

X X

X 1

1 35

19.

Item No.

20.

Schedule Of Supplies/Services

21.

Quantity

22.

Unit

23.

Unit Price

24.

Amount

32a. Quantity In Column 21 Has Been

Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________

32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative

32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative

32g. E-Mail of Authorized Government Representative

33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final

38. S/R Account No. 39. S/R Voucher Number 40. Paid By

41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)

42c. Date Rec’d (YY/MM/DD) 42d. Total Containers

Standard Form 1449 (Rev. 2/2012) Back

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SUPPLEMENTAL INFORMATION

Buyer Name: ANH Q NGUYEN

Buyer Office Symbol/Telephone Number: CCAP CCD/(410)278-0892

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

FMS REQUIREMENT

*** End of Narrative A0000 ***

1. The purpose of this solicitation, W91CRB-19-Q-5011, is to fulfill a Foreign Military Sales (FMS) requirement on behalf of the

Security Assistance Directorate (SAMD) for the country of UKRAINE. This requirement is for the procurement of Krypto Software as listed under FMS Case# QG-B-URA, ARP# EX19034.

2. Inspection and Acceptance of supplies shall be at Origin by the cognizant DCMA. See Section G for further information at the time of award.

3. Vendor shall NOT ship these items. Vendor shall submit a Shipping Instructions Request (SIR) to DCMA transportation for subsequent shipment instructions.

4. Partial shipments are NOT authorized.

5. Preservation and packaging for shipment shall be in accordance with Section D. Packaging/packing shall be in accordance with ASTM

D3951-10, Commercial Packaging and Preservation, Level of Protection (LOP), Level of Pack (LPK): Commercial, Quantity Unit Pack (QUP):

001. Marking shall be in accordance with MIL-STD-129R.

6. Vendor shall submit a Certificate of Completion (CoC) with WAWF invoicing.

7. All questions concerning this solicitation are to be sent to the point of contact (POC) via email in Box 9. No phone calls will be taken regarding this solicitation.

8. All proposals are to be sent electronically via email to the POC listed in Box 9. An email confirmation must be received to be considered submitted.

9. All other terms and conditions are contained herein.

*** END OF NARRATIVE A0001 ***

2 35

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SUPPLIES OR SERVICES AND PRICES/COSTS

0001 KRYPTO 500 SPECTRUM ANALYZER SOFTWARE 3 EA $ $ _____________________________________ ______________ __________________

COMMODITY NAME: SOFTWARE

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: J59SAU209C PRON AMD: 01

AMS CD: 431100

FMS COUNTRY/CASE: QG/URA

Kyrpto 500 Spectrum Analyzer Software shall include twelve (12) months of Software Updates post activiation.

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

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

001 BQGZ7592279418 BXXURA L 2

PROJ CD BRK BLK PT _______ __________

BQGZ00

DEL REL CD QUANTITY DEL DATE __________ ______________ ___________

001 3 14-MAY-2020

FOB POINT: Origin

SHIP TO:

(BQGZ00) NAVSUP WEAPONS SYSTEM SUPPORT

CODE NOS1 717-605-8199

5450 CARLISLE PIKE

BLDG 107 S END

MECHANICSBURG, PA 17050

0002 KRYPTO 1000 SPECTRUM ANALYZER SOFTWARE 3 EA $ $ ______________________________________ ______________ __________________

COMMODITY NAME: SOFTWARE

PRON: J59SAU319C PRON AMD: 01

AMS CD: 431100

FMS COUNTRY/CASE: QG/URA

3 35

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

Krypto 1000 Sepctrum Analyzer Software shall include twelve (12) months of Software Updates post activation.

(End of narrative B001)

Packaging and Marking _____________________

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

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

001 BQGZ7592279428 BXXURA L 2

PROJ CD BRK BLK PT _______ __________

BQGZ00

DEL REL CD QUANTITY DEL DATE __________ ______________ ___________

001 3 14-MAY-2020

FOB POINT: Origin

SHIP TO:

(BQGZ00) NAVSUP WEAPONS SYSTEM SUPPORT

CODE NOS1 717-605-8199

5450 CARLISLE PIKE

BLDG 107 S END

MECHANICSBURG, PA 17050

4 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

STATEMENT OF WORK (SOW):

1.0. Introduction and Scope.

1.0.1. Introduction.

1.0.2. Scope. This Statement of Work (SOW) defines the efforts required to provide Comint Consulting LLC KRYPTO 500 and KRYPTO 1000 Data

Analysis Software under FMS case QG-URA for the country of Ukraine. The word Government in this document refers to the United States

Government. The word Country in this document refers to the FMS Customer(s). This contract will be a Firm Fixed Price (FFP) contract.

2.0. Applicable Documents. The following documents are applicable to the extent cited.

2.1. Military and Federal Specifications

Document: No. Document Title:

MIL-STD 130N UID markings and readability requirements 17 DEC 2007

2.2 Commercial, Contractor and Government Approved Documents

International Standard for Number 15

Phytosanitary Measures

Guidelines for Regulating Wood Packaging

Material in International Trade with Mod to Annex I 2006

Standard Practice for ASTM D 3951- Commercial Packaging 10

3.0 Requirements. The contractor shall provide the following software as described. Software shall be provided in accordance with, and shall meet the specifications and performance criteria stated in this SOW.

3.0.1. Contractor shall provide a total quantity of three (3) each Krypto 500 Spectrum Analyzer Software. Contractor shall deliver three (3) each Krypto 500 Spectrum Analyzer Software to include 12 months of Software Updates post activation.

3.0.2. Contractor shall provide a total quantity of three (3) each Krypto 1000 Spectrum Analyzer Software. Contractor shall deliver three (3) each Krypto 1000 Spectrum Analyzer Software to include 12 months of Software Updates post activation.

3.1 Security Requirements.

3.1.1 Antiterrorism/Operations Security

a. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 60 calendar days after completion of training by all employees and subcontractor personnel (CDRL A001). AT level I awareness training is available at the following website: https://jkodirect.jten.mil/ for CAC holders. Non-CAC-holders may go to:

http://jko.jten.mil/courses/atl1/launch.html

b. AT Awareness Training for Official and Unofficial Contractor Personnel Traveling Overseas:

U.S. based contractor employees and associated subcontractor employees shall receive government provided area of responsibility (AOR) specific AT awareness submit training as directed by AR 525-13, or other COCOM specific requirements, as necessary. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact. U.S. based contractor employees and associated subcontractor employees will update their PRO-File survey prior to their official or unofficial travel, in accordance with AR 525-28, Personnel Recovery. The PRO-File survey is available at the following link:

https://prmsglobal.prms.af.mil/prmsconv/Login/Banner .

c. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area: The contractor and all associated subcontractors shall brief all employees on the local iWATCH program

(training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR

NLT 60 calendar days after contract award.

5 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

d. For contracts that require a formal OPSEC program: The contractor shall develop an OPSEC Standard Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer. This plan will include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. The contractor shall implement OPSEC measures as ordered by the commander. In addition, the contractor shall have an identified certified Level II OPSEC coordinator per AR 530-1.

e. For contracts that require OPSEC Training: Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC

Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. Level I

OPSEC training is available at the following website: http://cdse.edu/catalog/elearning/GS130.html (Duration: 45 minutes).

f. Army Training Certification Tracking System (ATCTS) registration for contractor employees who require access to government information systems: All contractor employees with access to a government information system (IS) must be registered in the ATCTS (Army

Training Certification Tracking System) at commencement of services, must successfully complete the DoD Cybersecurity Awareness

Challenge and Acceptable Use Policy (AUP) prior to access to the IS, and then annually thereafter. IT access requests must include current AUP and training certificates for initial and contract renewals.

g. For Cybersecurity/Information Technology (IT) training: All contractor employees with access to a government information system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the

DoD Cybersecurity Awareness Challenge and Accepted Use Policy (AUP) prior to access to the IS, and then annually thereafter. IT access requests must include current AUP and training certificates for initial and contract renewals.

h.. For cybersecurity/information technology (IT) certification: Per DoD 8570.01-M (Ch4) , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting Cybersecurity/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M (Ch4) must be completed upon contract award.

i. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within Army controlled installation, facility, or area: Contractor and all associated subcontractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost

Marshal Office, Director of Emergency Services or Security Office. 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.

j. Threat Awareness Reporting Program. For all contractors with security clearances.

Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees must receive annual TARP training by a CI agent or other trainer as specified in 2-4b.

3.2. Common Access Card (CAC) Guidance

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

b. For contractors that do not require CAC, but require access to a DoD facility or installation:

Contractor and all associated subcontractors 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

(provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

3.3 DFARS Clause

For contractors authorized to accompany the force: DFARS Clause 252.225-7040 (DFARS Clause 252-225-7995 for CENTCOM), Contractor

Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany U.S. Armed Forces deployed outside the U.S. in contingency operations;

humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

6 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

14. For Contract Requiring Performance or Delivery in a Foreign Country: DFARS Clause 252.225-7043, Antiterrorism/Force Protection for

Defense Contractors outside the U.S. The clause shall be used in solicitations and contracts that require performance or delivery in a foreign country. This clause applies to both contingencies and non-contingency support. The key AT requirement is for non-local national contractor personnel to comply with theater clearance requirements and allows the combatant commander to exercise oversight to ensure the contractors compliance with combatant commander and subordinate task force commander policies and directives.

APPENDIX A:

CERTIFICATE OF COMPLETION:

To be placed on Company letterhead.

Date:

Subject:

Customer:

Contract number:

Delivery Order:

FMS Case Designator:

Contract CLIN:

Period and Service Invoiced:

Customer comments:

Contractor Representative Customer RepresentativePrinted Name: Printed Name:

Title: Title:

Date: Date:

*** END OF NARRATIVE C0001 ***

DELIVERIES OR PERFORMANCE

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

1 52.247-29 F.O.B. ORIGIN FEB/2006

2 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION MAR/2016

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

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

7 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards

Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

"Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

"Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Governments unit acquisition cost" means

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractors estimated fully burdened unit cost to the

Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractors estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the

Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

"Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

8 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

__-1-______________ -2-___________________________________

__-1-______________ -2-___________________________________

__-1-______________ -2-___________________________________

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

__-3-______________ -4-___________________________________

__-3-______________ -4-___________________________________

__-3-______________ -4-___________________________________

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in

Attachment Number -5-.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in

Attachment Number -6-.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

9 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC

International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI

MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International

Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2

Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air

Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer

Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall--

(A) Determine whether to--

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of

U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of

MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code--

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and

Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material

Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

10 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Governments unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material

Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at

252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods--

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number -7-, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by contract any items for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

(End of clause)

11 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

12 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SPECIAL CONTRACT REQUIREMENTS

The parties hereto recognize that any technical data and computer software being purchased hereunder will be provided to a foreign government. The parties further recognize that the clauses in this contract dealing with rights in technical data and computer software, along with those addressing indemnification for patent infringement, may be drafted in terms of rights and obligations flowing to the United States Government. Accordingly, the Contractor agrees to grant, and by incorporation of this clause in the contract document, does grant, that foreign government the same rights in technical data and computer software as is granted to the United States

Government by operation of those clauses in the contract document dealing with rights in technical data and computer software except that no rights to computer software source code for the foreign government are provided in this contract. Further, the Contractor hereby extends to that foreign government the same degree of indemnification for patent infringement which it affords the United States pursuant to the terms of this contract. For purposes of contract administration, the parties agree that the clauses will be administered with the foreign government in such a manner as best approximates that set out with respect to the United States

Government.

*** END OF NARRATIVE H0001 ***

Requirements for No Cost Warranty. The contractor shall provide a warranty for this Foreign Military Sale (FMS) covering defective workmanship and material defects for all items furnished in accordance with this contract or any modification thereof. Coverage of the

No Cost Warranty shall be for a minimum of one (1) year (twelve (12) months) in duration in time, and shall start at the time of pick up for shipment. Terms of this warranty shall be amended to extend coverage to final FMS customer(s) Outside the Continental United States

(OCONUS).

No Cost Warranty Manual. The contractor shall provide an operational manual and/or an instructional insert to accompany the items furnished in accordance with this contract or any modification thereof, describing the actions to be taken by the user in order to exercise the warranty to obtain repaired/replaced equipment. This warranty guidance/instruction shall be provided as a minimum in the

English Language (and preferable additionally in the native language of the FMS customer if requested during negotiation). Warranty documents should include contact information (phone number(s) and/or address(es)) of warranty claim Point of Contacts (POCs) for FMS customer.

No Cost Warranty Procedures. Upon arrival at the contractors repair facility, both the contractor and Government representative will determine if failed item is covered under the warranty. The FMS customer shall be responsible for the established contractual cost for items tested and found to be a "False Pull" or "No Evidence of Failure (NEOF)", to include all incurred associated transportation costs. The contractor shall meet a 30 day turn-around time for repair. This time shall be from the date of receipt by the contractor, to shipment of repaired/ replaced equipment from the contractor's facility. An extended No Cost Warranty covering repaired/replaced items against defective workmanship and material defects, shall be provided for a minimum of one (1) year (twelve (12) months) in duration in time, and shall start at the time of pick up for shipment. The contractor shall be responsible for transportation cost from the FMS customer to the contractors facility and return to the FMS customer. Due to the nature of FMS, if notification of defective item(s) was provided to the contractor before the expiration date of the No Cost warranty, the contractor shall not dismiss a warranty claim regardless if items to be repaired/replaced arrive to the contractors facilities after the expatriation date of the No Cost warranty.

No Cost Warranty Markings. Warranty markings shall be applied to Item/Equipment. Warranty markings should be applied to unit, intermediate and shipping containers, if possible. The markings shall be in a conspicuous location to give notice that the item(s) are subject to warranty coverage. These markings shall indicate the time period or condition of the warranty (e.g., days/months, hours of operation, etc.). The warranty markings shall be applied by labeling, tagging, or printing and shall be prefaced by the words WARRANTY

ITEM in letters approximately two times larger than the letters for the remainder of the required information.

*** END OF NARRATIVE H0002 ***

CONTRACT CLAUSES

3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

4 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

5 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS OCT/2018

6 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013

7 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING OCT/2016

8 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR AUG/2019

EXECUTIVE ORDERS--COMMERCIAL ITEMS

13 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(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 2019)

(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:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and

10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (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 (NOV 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (NOV 2011) of 52.219-3.

___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (JAN 2011) of 52.219-4.

___ (13) [Reserved]

___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011) of 52.219-6.

___ (iii) Alternate II (Nov 2011) of 52.219-6.

14 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (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 (Aug 2018) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017)(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 Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657 f)

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 U.S.C. 632(a)(2)).

___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015)

(15 U.S.C. 637(m)).

___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec

2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (26) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28)(i) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

___ (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb

2016)(38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

___ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.

15 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.

13693).

___ (38)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

___ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

___ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (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 (MAY 2014) of 52.225-3.

___ (iii) Alternate II (MAY 2014) of 52.225-3.

___ (iv) Alternate III (MAY 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 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).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

___ (55) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

16 35

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

___ (60)(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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

___ (3) 52.222-42,…