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Contract Opportunity

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation number N00173-24-Q-TL09 is issued as a request for quotation (RFQ), under FAR subpart 13.5.

Solicitation documents and incorporated provisions are those in effect through Federal Acquisition Circular 2023-06, DPN 20231222 and NMCARS 18-24.

SECTION I: GENERAL INFORMATION

All changes to this solicitation, that occur prior to the closing date, will be issued via amendment posted to the announcement, on Government-wide Point of Entry (beta.sam.gov). It is the responsibility of interested vendors to monitor the announcement for amendments that may be issued to this solicitation. For changes made after the closing date, only those vendors that provide a quote will be provided any changes/amendments and considered for future discussions and/or award.

Questions must be submitted to the Point of Contact, no later than seven (7) days after the Posted Date.

SECTION II: REQUIREMENT INFORMATION

The Naval Research Laboratory (NRL) has a requirement for the delivery, installation, commissioning, operator training and system verification of a commercially available Motion Capture System, that will be utilized for recording, storing and analyzing 3- dimensional movements of robotic systems and human interaction with those systems, as well as for real-time control of autonomous systems. Complete physical, functional, performance requirements are provided in the attachment of this solicitation.

The anticipated line item structure, as follows is based on the items outlined in the salient characteristics (Attachment 1):

Item Schedule of Supplies/Services

0001 Motion Capture System -- To include all cameras, hardware connections and installation, computer system(s), markers, start-up and demonstration of the complete system.

0002 Mobile Motion Capture Setup For Off-Site Experiments – to include an additional 16% of operational camera units and all necessary hardware and software,

Full setup and training for this mobile setup shall be provided as well.

The Manufacturer shall also provide an additional 8 cameras with a wider Field of View and a shorter range for the purpose of a small area close range setup

0003 System Installation, Verification and Commissioning

0004 Operator Training

0005 Option – Extended Warranty

TOTAL PRICE

$_________ WITH EXTENDED WARRANTY OPTION

$_________ WITHOUT EXTENDED WDARRANTY OPTION

In accordance with FAR 52.204-22, alternative line items structures that best reflect the Vendor’s practices and proposed items may be submitted.

NOTE: Include estimated delivery, for each CLIN, either as a date or as days after receipt of order (ARO)

SECTION III: DELIVERY AND OTHER REQUIREMENT INFORMATION

Installation shall occur no later than 15 days after delivery of equipment.

Documentation, to include user’s manuals, etc., shall be delivered at time of delivery of equipment

Delivery Location: Receiving Officer

Contract Number: TBD

ATTN: TBD, Code: TBD

Naval Research Laboratory

45555 Overlook Ave., SW, Washington, DC 20375

Inspection / Acceptance: Inspection acceptance will be in accordance with FAR 52.212-4 unless the Contracting Officer determines other acceptance procedures to be more appropriate for the acquisition of this complex commercial item.

FOB Point: DESTINATION, Free of expense to the Government, in accordance with FAR 52.247-34.

Requirements For On-Site Contractors:

For those portions of the work performed at any NRL site, the contractor must comply with the Requirements for On-Site Contractors which are hereby attached in this solicitation in Attachment 2 – Requirements for On-Site Contractors.

contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

SECTION IV: SUBMISSION & PROPOSAL REQUIREMENTS

FAR 52.212-1, Instructions To Offerors— Commercial Products And Commercial Services (SEP 2023) - And Addenda To FAR 52.212-1 applies to this acquisition.

FAR 52.212-1 has been tailored to include the following additional instructions:

m) SUBMISSION: quotes shall be submitted electronically, via email, to the Point of Contact listed in this solicitation, by the Date Offers are Due identified in the General Information Section of this solicitation. Facsimile quotes are NOT authorized. A confirmation receipt will be provided, but it is the sole responsibility of the Vendor to ensure that its response is received in its entirety and in a timely manner.

n) QUOTE REQUIREMENTS: Offerors shall provide a quote with their proposed products and pricing, along with product literature, for the items being offered, so that compliance with the specifications can be evaluated. Vendor shall submit documentation that confirms the proposed item(s) meet or exceeds each and all physical, functional, performance requirements and any other terms and conditions specified in this solicitation and its attachment(s). The quote shall also include:

1. Company Information, to include Company Name, Address, Unique Entity ID (UEI) Number and Cage Code, and company Point of contact, phone number, email address and web page URL.


2. Letter of Authorization – If providing the products/items of another manufacturer as an Authorized Reseller/Partner, the Vendor shall include some form of documentation from the manufacturer illustrating that the Vendor is an Authorized Reseller/Partner.


3. Warranty Summary - Vendor shall include commercial warranty description and summary in the technical quote, for ease of evaluation, and not as a separate document.


4. Software Licence Summary - If including a software product in its quote, Vendor shall provide a summary of its standard federal government software license in its technical proposal. The full software license shall be added as an attachment to the technical proposal. If the Vendor does not have a federal government software license, the Contractor shall provide a summary and copy of its commercial software license customarily provided to the public


5. Foreign Parts Usage - The Vendor shall provide a detailed explanation of (a) how the use of foreign parts will be prevented or minimized, (b) how the impact of any employed foreign parts will be mitigated, and (c) what steps will be taken to protect the system from tampering between system manufacturing and system installation.


6. Compliance Matrix: Vendor shall include a cross reference chart to show whether the proposed solution meets each of the threshold requirements in the specifications. The chart shall also reference page and section of the technical quote.


7. System for Award Management (SAM): Offerors must be registered in SAM (www.sam.gov in order to be considered for award. Vendor shall include a completed copy of the provision at 52.212-3, Vendor Representations and Certifications – Commercial Items, with its offer.


8. Facility Work Requirement Sheet: Offeror shall include a facility work requirement sheet, in the technical proposal. The facility work requirement sheet shall also include NRL site preparation requirements.


9. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

• "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

• "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Vendor shall list exception(s) and rationale for the exception(s).

1. The Vendor shall agree to hold the prices in its offer firm for sixty (60) calendar days from the date specified for receipt of offers.

o) This procurement is for new equipment ONLY. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty.

p) Vendor shall be an Original Equipment Manufacturer (OEM), authorized dealer, authorized distributor, or authorized reseller or partner for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

q) General statements, that the vendor can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the RFQ's specifications in whole or in part, will not constitute compliance with the mandatory requirements concerning the content of the technical quote.

r) ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)-

In accordance with Section 508 of the Rehabilitation Act of 1973 (29 USC 794d), all EIT supplies and services provided under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2). Electronic and information technology (EIT) is defined at FAR 2.101.

s) Any inquiry regarding this solicitation shall be submitted to the Contract Specialist, TaLisa Boyd, in writing, via e-mail at TaLisaBoyd@nrl.navy.mil, no later than three (3) business days after the release date of this solicitation.

t) The NRL will not authorize, allow, or entertain requests for progress payments, installment payments, or advance payments. All payments will be in accordance with FAR 52.212-4(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

FAR SECTION V: FAR 52.212-2 - EVALUATION - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose offer conforming to the solicitation will be most advantageous to the Government. Factors others than price shall be considered, and a Price/Technical Tradeoff analysis of both price and non-price factors will be conducted in evaluating each quote submitted. Trade-off considerations may result in the determination that it is in the best interest of the Government to award to other than the lowest priced Vendor or other than the highest technically rated Vendor. The following factors shall be used to evaluate offers:

1. TECHNICAL CAPABILITY:

The Government will evaluate quotes based on how well the proposed product(s)s meet the requirement of the Specifications Attachment.

For the purpose of evaluation, Technical Acceptability is defined as meeting all physical, functional, performance, and any other terms and conditions specified in the solicitation and its attachment(s).

General statements, that the offeror can or will comply with the requirements, that standard procedures will be used, that well known techniques will be used, or that paraphrases the specifications in whole or in part, will not constitute compliance with the mandatory requirements. Your proposal must spell out what you will provide and how what you will provide meets each specification.

The following table of technical requirements define specific value to the Government. Each requirement will be assessed an adjectival rating of Superior, Acceptable or Unacceptable, based on whether the information submitted both meets and exceeds specifications, meets specifications, or does not meet specifications.

RATING: Superior (S)

The proposal contains no deficiencies or weaknesses. Based on information provided, the offeror demonstrates an understanding of the specifications required and MEETS all specifications AND EXCEEDS some specifications.

RATING: Acceptable (A)

The proposal contains no deficiencies or weaknesses. Based on information provided, the offeror demonstrates an understanding of the specifications required and MEETS all specifications.

RATING: Unacceptable (U)

The proposal contains deficiencies, weaknesses, or omissions. Proposal fails to provide a reasonable, logical approach to fulfilling the government's requirements. Based on information provided, the proposal DOES NOT MEET all specifications.

2. PAST PERFORMANCE:

• Ratings:
  
  
  
  
  • Acceptable (Low Risk): SPRS Supplier Risk Score of Blue, Purple, or Green, indicating a higher score in SPRS and are therefore, considered to have a lower risk of poor contract performance
  
  
  • Not Acceptable (High Risk): SPRS Supplier Risk Score of Yellow or Red, indicating a lower score in SPRS and are therefore, considered to have a higher risk of poor contract performance
  
  
  • Neutral: In the case of a supplier without a record of relevant past performance history in SPRS for the NAICS or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.
  
  
  
  

3. PRICE REASONABLENESS:

The Government anticipates making a determination of fair and reasonable price based on competitive quotes. If only one response is received, the Government may use other methods as described at 13.106-3(a)(2).

(b) Award on Initial Responses; Exchanges with Best-Suited Contractor

The Government anticipates selecting the best-suited contractor from initial responses, without engaging in exchanges with vendors. Vendors are strongly encouraged to submit their best technical solutions and price in response to this RFQ. However, the Government may engage in limited exchanges to clarify certain aspects of quotes. Once the Government determines the contractor that is the best-suited (i.e., the apparent successful contractor), the Government reserves the right to communicate with only that contractor to address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined in the sole discretion of the Government, the Government reserves the right to conduct exchanges with the next best-suited contractor and address any remaining issues and revise quotes, if necessary, and finalize an award with that contractor.

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished ot the successful offeror, within the time for acceptance specified in the offer, shall result in a binding contract, without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

SECTION VI: FAR 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) apply to this acquisition. Offerors shall have and maintain active annual Representations and Certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov .

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

If paragraph (j*) of the provision applies, a written submission is required:

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) Outside the United States.

SECTION VII: FAR 52.212-4, CONTRACTS TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES -- (NOV 2023) applies to this acquisition.

SECTION VII.A: ADDITIONAL FAR and DFARS PROVISIONS, INCORPORATED BY REFERENCE, THAT APPLY TO THIS SOLICITATION:

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS) and Procedures, Guidance, and Information (PGI): https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

Department of the Navy Acquisition Regulations (NMCARS): https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

[Fill-In Firm-Fixed-Price]

FAR 52.225-18 PLACE OF MANUFACTURE (AUG 2018)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006); Fill in: Control Desk, Code 3200, Bldg. 222, Rm. 115, Naval Research Laboratory, 4555 Overlook Ave., S.W., Washington DC 20375 5326.

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS. (NOV 2011)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICS – REPRESENTATION (MAY 2021)

DFARS 252.204-7019 NOTICE OF NIST SP 800-171 DoD ASSESSMENT REQUIREMENTS (MAR 2022)

DFARS 252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012)

DFARS 252.215-7008 ONLY ONE OFFER (DEC 2022)

DFARS 252.215-7010 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—BASIC (JUL 2019)

DFARS 252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME. (DEVIATION 2020-O0005) FEB 2020

DFARS 252.239-7017 NOTICE OF SUPPLY CHAIN RISK (FEB 2019)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023)

DFARS 252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (AUG 2016)

DFARS 252.246-7008 SOURCES OF ELECTRONIC PARTS (MAY 2018)

SECTION VII.B: ADDITIONAL FAR AND DFARS PROVISIONS, INCORPORATED BY FULL TEXT, THAT APPLY TO THIS SOLICITATION:

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be □ DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.

(End of provision)

SECTION VII(C): ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (NOV 2021)

SECTION VII(C)(1): AUTHORIZED GOVERNMENT REPRESENTATIVE

Authorized Government Representative (AGR) for Inspection and Acceptance - *, Code *, Telephone Number: *, email: *.*@nrl.navy.mil

(* - To be completed at award.)

SECTION VIII: FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023) applies to this acquisition.

(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 products and commercial services:

(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

The following clauses are included: 1, 4, 8, 9, 30, 32, 32, 35i, 38, 46, 47i, 48, 49, 51i, 54, 55, 62, 65

(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 products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (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) ( 29U.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 for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 products or commercial services. 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 (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by KasperskyLab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 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.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xiv) 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.

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

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii)

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

(End of clause)

SECTION VIII.A: ADDITIONAL FAR and DFARS CLAUSES, INCORPORATED BY REFERENCE, THAT APPLY TO THIS ACQUISITION

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of clause)

FAR 52.202-1 DEFINITIONS (JUN 2020)

FAR 52.203-3, GRATUITIES (APR 1984)

FAR 52.203-12, LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

FAR 52.204-4, PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

FAR 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENT (APR 2008)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES (DEC 2022

FAR 52.223-5, POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

FAR 52.247-34, FOB DESTINATION (NOV 1991)

FAR 52.253.1, COMPUTER GENERATED FORMS (JAN 1991)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022)

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

DFARS 252.204-7006 BILLING INSTRUCTIONS (MAY 2023)

DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023)

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

DFARS 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)

DFARS 252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023)

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

DFARS 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM-- BASIC (JUN 2022)

DFARS 252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

DFARS 252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (MAR 2023)

DFARS 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (JAN 2023

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

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

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

DFARS 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023)

DFARS 252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (JAN 20236)

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

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JAN 2023)

SECTION VIII.B: ADDITIONAL FAR and DFARS CLAUSES, INCORPORATED BY FULL TEXT THAT APPLY TO THIS ACQUISITION

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

. FEDERAL ACQUISITION REGULATION (FAR) – https://www.acquisition.gov/browse/index/far

. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS) –

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

. NAVY MARINE CORPS ACQUISITION REGULATION SUPPLEMENT (NMCARS) -

https://www.secnav.navy.mil/rda/DASN-P/Pages/NMCARS.aspx

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS 252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

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

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

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice and Receiving Report

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

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

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

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

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

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

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

ROUTING DATA TABLE*

Field Name in WAWF - Data to be entered in WAWF

Pay Official DoDAAC- TO BE COMPLETED AT AWARD

Issue By DoDAAC- N00173

Admin DoDAAC**- TO BE COMPLETED AT AWARD

Inspect By DoDAAC- N00173

Ship To Code- N00173

Ship From Code-N/A

Mark For Code-TO BE COMPLETED AT AWARD

Service Approver (DoDAAC)-N/A

Service Acceptor (DoDAAC)-N/A

Accept at Other DoDAAC-N/A

LPO DoDAAC-N00173

DCAA Auditor DoDAAC-N/A

Other DoDAAC(s)-N/A

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

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Donna Dargan: Donna.Dargan@nrl.navy.mil or (202) 923-1442

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

(End of clause)

SECTION IX: THE DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM (DPAS) IS DO-C9.

SECTION X: EXHIBIT/ATTACHMENTS

Attachment 1. Specifications

Attachment 2 – Requirements for On-Site Contractors

Attachments/Links