United States - JWICS Laptop Kits

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Added: Jun 17, 2019 1:51 pm   DEPARTMENT OF THE AIR FORCE AIR FORCE LIFE CYCLE MANAGEMENT CENTER (AFLCMC) HANSCOM AIR FORCE BASE MASSACHUSETTS           17 June 2019   Combined Synopsis/Solicitation for Panasonic Toughbooks and Equipment Contract Specialist: Jim Fenter PCO: Lt Jerred Sevold   •1.    This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.   •2.    Solicitation Number: FA8730-19-P-0015   •3.    This combined Synopsis/Solicitation is issued as a Request for Quotation (RFQ)   •4.    Provisions and clauses in effect through Federal Acquisition Circular FAC 2019-03   •5.    A notice regarding any set-aside: 100% Total Small Business Set-Aside   •6.    NAICS Code: 334111   •7.    Small Business Size Standard: 1,250 employees   •8.    Contract Line Item Number(s) (CLINs) and items, quantities and units of measure:   CONTRACT LINE ITEM NO. (CLIN) SUPPLIES/SERVICE QTY UNIT   SUPPLIES     0001 Panasonic Toughbooks & Support Equipment 4 Lot 0002 Pelican 1555 Air Case 4 Lot   •9.    Description of requirements for the items to be acquired: All items/quantities listed on the attached "List of Materials (LOM) 6_17_19."   *Note: Only the Brand Name commercial items listed on the LOM will be accepted. See the attached "REDACTED-BNJ Toughbooks (17 Jun 19)."   •10.    Date of delivery / Period of Performance: Deliver all items on the LOM within 20 days from contract award •11.    Place of Delivery and Acceptance:   Attn: TSgt Matthew Patton 552 OSS/IN 7513 Sentry Blvd, Bldg. 282 Tinker AFB OK 73145   •12.    FOB Point: DESTINATION   •13.    Attachments:   •a)       REDACTED-BNJ Toughbooks (17 Jun 19) •b)      List of Materials (LOM) 6_17_19 •c)       Reference Only - Custom Cut Foam Guide (17 June 19)   •14.    The name and telephone number of the individual to contact for information regarding the solicitation:   James Fenter (Contract Specialist) at james.fenter@us.af.mil or (781) 225-4510 Lt Jerred Sevold (Contracting Officer) at jerred.sevold@us.af.mil or (781) 225-6890   •15.    Additional Information:   Be advised that all interested parties must be registered in the System for Award Management (SAM) Database in order to receive an award. If you are not registered you may make a request through the SAM website at http://www.sam.gov.   Be advised that all interested parties must be registered as a small business in the Small Business Administration (SBA) Dynamic Business Search Database under the proper NAICS Code in order to receive an award. If you are not registered, you may self-certify through the SBA website at http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.   IAW DFARS 252.232-7003(b) all invoices shall be submitted via Wide Area Work Flow (WAWF) located at https://wawf.eb.mil/. (Procedures and POC's specific to this contract will be added to the contract).     •16.    The provision at FAR 52.212-1 Instructions to Offerors and 52.212-2 Evaluation - Commercial Items apply to this acquisition.   Addendum to FAR 52.212-1, Instructions to Offerors   The following is to be added to FAR 52.212-1 paragraph (b):   •1.       All quotes shall be submitted using the bid schedule outlined in Section 8. Please provide your priced quote separately.   •2.       The quote in its entirety shall not exceed fifteen (15) pages, double sided.   •3.       Offers are due before 3:00 PM Eastern Time, Friday, 21 June 2019. •4.       Offers shall be emailed to james.fenter@us.af.mil and jerred.sevold@us.af.mil   Do not post offers to FedBizOpps.   •5.       Please request read receipt on all submitted quotes.   All questions are due before 3:00 PM Eastern Time, Wednesday, 19 June 2019, and should be emailed james.fenter@us.af.mil and jerred.sevold@us.af.mil; answers will be posted to FedBizOpps NLT 4:00 PM EST Thursday, 20 June 2019.   •6.       There will not be a site visit for this acquisition.   •7.       Vendors shall include a completed copy of the provision at FAR 52.212-3 Alt 1, Offeror Representations and Certifications -- Commercial Items. A vendor shall complete only  paragraph (b) of this provision if the vendor has completed the annual representations and certificates electronically at http://www.sam.gov. If any vendor has not completed the annual representations and certifications electronically at the SAM website, the vendor shall complete only paragraphs (c) through (o) of this provision.   (End of Provision)   •17.    The Following Provisions Are Incorporated By Full Text:   FAR 52.212-2 Evaluation - Commercial Items (Oct 2014)   •(a)  The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.   The following factors shall be used to evaluate offers:   •(i)  price •(ii)  technical acceptability   A Technically acceptable quote will include the following: •1.       The contractor shall provide all requirements IAW the attached List of Materials (LOM). •2.       The contractor will have a current SAM registration with a Small Business certification.   Award will be made on the basis of the price and other factors in accordance with FAR 13.106-2.   •(b)   A written notice of award or acceptance of an offer, mailed or otherwise furnished to 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 I - Contract Clauses: Provisions by Full Text: FAR 52.209-5 - Certification Regarding Responsibility Matters (Oct 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- •(A)  Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; •(B)  Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and •(C)  Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and •(D)  Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. •(1)  Federal taxes are considered delinquent if both of the following criteria apply: •(i)  The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. •(ii)  The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. •(2)  Examples. •(i)  The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. •(ii)  The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. •(iii)  The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. •(iv)  The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. •(b)  The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. •(c)  A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. •(d)  Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. •(e)  The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision)   Clauses by Full Text: FAR 52.203-6 -- Restrictions on Subcontractor Sales to the Government (Sep 2006) •(a)  Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract. •(b)  The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. •(c)  The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold. (End of Clause)   FAR 52.203-17 -- Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) •(a)  This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908. •(b)  The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. •(c)  The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. (End of clause)   FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jan 2017) •(a)  Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- •(1)  Within a reasonable time after the defect was discovered or should have been discovered; and •(2)  Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. •(b)  Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. •(c)  Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. •(d)  Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. •(e)  Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. •(f)  Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. •(g)  Invoice. •(1)  The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- •(i)  Name and address of the Contractor; •(ii)  Invoice date and number; •(iii)  Contract number, line item number and, if applicable, the order number; •(iv)  Description, quantity, unit of measure, unit price and extended price of the items delivered; •(v)  Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; •(vi)  Terms of any discount for prompt payment offered; •(vii)  Name and address of official to whom payment is to be sent; •(viii)  Name, title, and phone number of person to notify in event of defective invoice; and •(ix)  Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. •(x)  Electronic funds transfer (EFT) banking information. •(A)  The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. •(B)  If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures. •(C)  EFT banking information is not required if the Government waived the requirement to pay by EFT. •(2)  Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. •(h)  Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. •(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. •(2)  Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. •(3)  Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. •(4)  Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. •(5)  Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- •(i)  Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- •(A)  Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); •(B)  Affected contract number and delivery order number, if applicable; •(C)  Affected line item or subline item, if applicable; and •(D)  Contractor point of contact. •(ii)  Provide a copy of the remittance and supporting documentation to the Contracting Officer. •(6)  Interest. •(i)  All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. •(ii)  The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. •(iii)  Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- •(A)  The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; •(B)  The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or •(C)  The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). •(iv)  If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. •(v)  Amounts shall be due at the earliest of the following dates: •(A)  The date fixed under this contract. •(B)  The date of the first written demand for payment, including any demand for payment resulting from a default termination. •(vi)  The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- •(A)  The date on which the designated office receives payment from the Contractor; •(B)  The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or •(C)  The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. •(vii)  The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. •(j)  Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: •(1)  Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or •(2)  Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. •(k)  Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. •(l)  Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. •(m)  Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. •(n)  Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. •(o)  Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. •(p)  Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. •(q)  Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. •(r)  Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. •(s)  Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: •(1)  The schedule of supplies/services. •(2)  The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. •(3)  The clause at 52.212-5. •(4)  Addenda to this solicitation or contract, including any license agreements for computer software. •(5)  Solicitation provisions if this is a solicitation. •(6)  Other paragraphs of this clause. •(7)  The Standard Form 1449. •(8)  Other documents, exhibits, and attachments. •(9)  The specification. •(t)  System for Award Management (SAM). •(1)  Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. •(2)   •(i)  If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: •(A)  Change the name in the SAM database; •(B)  Comply with the requirements of Subpart 42.12 of the FAR; •(C)  Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. •(ii)  If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. •(3)  The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. •(4)  Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through . •(u)  Unauthorized Obligations. •(1)  Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern: •(i)  Any such clause is unenforceable against the Government. •(ii)  Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. •(iii)  Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. •(2)  Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. •(v)  Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause)   FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Jan 2017) •(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)  52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). •(b)  The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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). _X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).         (5) [Reserved]         (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).         (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). _X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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 Aside (Nov 2011) (15 U.S.C. 644).         (ii) Alternate I (Nov 2011).         (iii) Alternate II (Nov 2011).         (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. SCHEDULE FA8730-19-F-0153 _X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).         (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) 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)). _X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).         (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X_ (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 Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).           (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).         (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)         (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.         (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).         (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)         (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)         (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).         (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).         (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514         (ii) Alternate I (Oct 2015) of 52.223-13.         (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).         (ii) Alternate I (Jun 2014) of 52.223-14.         (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).         (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).         (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).         (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).         (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).         (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).         (ii) Alternate I (Jan 2017) of 52.224-3. SCHEDULE FA8730-19-F-0155         (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).         (49) (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.         (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).        (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).         (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).         (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).         (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).         (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).         (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).         (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).         (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).         (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).         (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).         (62) (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. •(c)  The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]         (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)         (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).         (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).         (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).         (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).         (6) 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).         (7) 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).         (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).         (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).         (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).         (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).         (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). •(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, and does not contain the clause at 52.215-2, Audit and Records - - Negotiation. •(1)  The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. •(2)  The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. •(3)  As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. •(e)  •(1)  Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- •(i)  52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). •(ii)  52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). •(iii)  52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. •(iv)  52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. •(v)  52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). •(vii)  52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). •(viii)  52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). •(ix)  52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). •(x)  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. •(xi)  52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). •(xii)  X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627). •(xiii)  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.) •(xiv)  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) •(xv)  52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). •(xvi)  52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). SCHEDULE FA8730-19-F-0155 •(xvii)  52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. •(xviii)  52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). •(xix)  52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). •(xx)  (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. •(xxi)  52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). •(xxii)  52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. •(xxiii)  52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. •(2)  While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause)   FAR 52.219-13 - Notice of Set-Aside of Orders (Nov 2011) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3). (End of clause)   FAR 52-223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) •(a)  Definitions. As used in this clause-- "Driving"- •(1)  Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. •(2)  Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. "Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. •(b)  This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. •(c)  The Contractor is encouraged to- •(1)  Adopt and enforce policies that ban text messaging while driving- •(i)  Company-owned or -rented vehicles or Government-owned vehicles; or •(ii)  Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. •(2)  Conduct initiatives in a manner commensurate with the size of the business, such as- •(i)  Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and •(ii)  Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. •(d)  Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold. (End of clause)   FAR 52.225-13 - Restriction on Certain Foreign Purchases (Jun 2008) •(a)  Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any  supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. •(b)  Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's website at . •(c)  The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. (End of clause)   DFARS 252.204-7012 - SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (Oct 2016) •(a)  Definitions. As used in this clause- "Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. "Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. "Contractor attributional/proprietary information" means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. "Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. "Covered contractor information system" means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information. "Covered defense information" means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at , that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is- •(1)  Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or •(2)  Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract. "Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. "Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information. "Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. "Media" means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system. ''Operationally critical support'' means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. "Rapidly report" means within 72 hours of discovery of any cyber incident. "Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013 , Rights in Technical Data- Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. •(b)  Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections: •(1)  For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply: •(i)  Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010 , Cloud Computing Services, of this contract. •(ii)  Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract. •(2)  For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply: •(i)  Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" (available via the internet at ) in effect at the time the solicitation is issued or as authorized by the Contracting Officer. (ii) •(A)  The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil , within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award. •(B)  The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place. •(C)  If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract. •(D)  If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline () and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment. •(3)  Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan. •(c)  Cyber incident reporting requirement. •(1)  When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall- •(i)  Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and •(ii)  Rapidly report cyber incidents to DoD at . •(2)  Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at . •(3)  Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see . •(d)  Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer. •(e)  Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. •(f)  Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. •(g)  Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. •(h)  DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the  Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. •(i)  Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD- •(1)  To entities with missions that may be affected by such information; •(2)  To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; •(3)  To Government entities that conduct counterintelligence or law enforcement investigations; •(4)  For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or •(5)  To a support services contractor ("recipient") that is directly supporting Government activities under a contract that includes the clause at 252.204-7009 , Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. •(j)  Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information. •(k)  The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data. •(l)  Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements. •(m)  Subcontracts. The Contractor shall- •(1)  Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and •(2)  Require subcontractors to- •(i)  Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and •(ii)  Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause. (End of clause)   DFARS 252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) •(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. •(b)  Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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 ; and •(2)  Be registered to use WAWF at 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 •(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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: Routing Data Table* Field Name Data to be entered into WAWF Pay Official DoDAAC HQ0339 Issue By DoDAAC FA8730 Admin DoDAAC FA8730 Inspect By DoDAAC JM6683 Ship To Code See Section F Ship From Code NA Mark For Code See Section F Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC NA   •(4)  Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. •(5)  WAWF email notifications. The Contractor shall enter the e-mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. jerred.sevold@us.af.mil, erik.gilbert.1@us.af.mil and james.fenter@us.af.mil •(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. Program Manager: Lt Erik Gilbert, 781-225-6056, erik.gilbert.1@us.af.mil •(2)  For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause)   Clauses by Reference: FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) FAR 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (Jan 2017) FAR 52.232-33 - Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) FAR 52.232-36 - Payment by Third Party (May 2014) DFARS 252.204-7009 Limitations On the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. (Dec 2015) DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Dec 2015) DFARS 252.209-7998 - Representation Regarding Conviction of a Felony Criminal (Jun 2016) DFARS 252.209-7999 - Representation by Corporations Regarding an Unpaid Deliquent Tax Liability or a Felony Conviction under any Federal Law (Jun 2016) DFARS 252.211-7003 - Item Unique Identification and Valuation (Mar 2016) DFARS 252.222-7006- Restrictions on the Use of Mandatory Arbitration Agreements (Dec 2010) DFARS 252.227-7015 Technical Data-Commercial Items (Feb 2014) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data (Sep 2016) DFARS 252.239-7017 - Notice of Supply Chain Risk (Nov 2013) DFARS 252.239-7018 - Supply Chain Risk (Nov 2013) DFARS 252.243-7001 - Pricing of Contract Modification (Dec 1991) DFARS 252.243-7002 - Requests for Equitable Adjustment (Dec 2012) DFARS 252.244-7000 - Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Jun 2013) AFFARS 5352.209-9000 - Organizational Conflict of Interest (Oct 2010) AFFARS 5352.209-9001 - Potential Organizational Conflict of Interest (Oct 2010) SHIP JM6683   ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE 0001 1 U 30 May 2019 Noun: LAPTOP PROTOTYPE KITS Descriptive Data: Ship To: Attn: TSgt Matthew Patton  552 OSS/IN 7513 Sentry Blvd, Bldg. 282 Tinker AFB OK 73145   0001 1 U 30 June 2019 Noun: Panasonic Toughbook Laptop CF-54H8903VM 1/kit 0001 1 U 30 June 2019 Noun: Panasonic Power Supply CF-AA5713AM 1/kit 0001 1 U 30 June 2019 Noun: Astrodyne 15W Switching Power Supply SP16-1621 2/kit 0001 1 U 30 June 2019 Noun: L-com Shielded Cable TRA5261 2F 1/kit 0001 1 U 30 June 2019 Noun: L-com Shielded Cable TRA5261 10F 1/kit 0001 1 U 30 June 2019 Noun: L-com Shielded Cable TRA5261 50F 1/kit 0001 1 U 30 June 2019 Noun: Tripp-Lite Outlet Power Strip TLM825GF 1/kit 0002 1 U 30 June 2019 Noun: PELICAN EQUIP CASES FOR TOUGHBOOKS   LIST OF ATTACHMENTS REDACTED-BNJ Toughbooks (17 Jun 19) List of Materials (LOM) 6_17_19 Reference Only - Custom Cut Foam Guide (17 June 19)   SHIP MARK TRANS ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE 0001 1 JM6683 FA8730 3 20 DARO Noun: JWICS LAPTOP KIT PROTOTYPE 0002 1 U 20 DARO Noun: PELICAN EQUIP CASES FOR TOUGHBOOKS

Opportunity closing date

21 June 2019

Value of contract

to be confirmed