ROD ASSEMBLY, RUDDER

ORDER FOR SUPPLIES OR SERVICES 1. CONTRACT/PURCH ORDER/AGREEMENT NO. 2. DELIVERY ORDER/CALL NO. 4. REQUISITION/PURCH REQUEST NO.3. DATE OF ORDER/CALL (YYYYMMMDD) 5. PRIORITY 6. ISSUED BY 7. ADMINISTERED BY (If other than 6) 8. DELIVERY FOB CODE CODE 9. CONTRACTOR FACILITY CODE NAME AND ADDRESS 10. DELIVER TO FOB POINT BY (Date) (YYYYMMMDD) 12. DISCOUNT TERMS 13. MAIL INVOICES TO THE ADDRESS IN BLOCK Submit Invoices IAW DFARS 252.232-7003 DESTINATION OTHER (See Schedule if other) 11. X IF BUSINESS IS SMALL SMALL DISAD- VANTAGED WOMEN-OWNED 14. SHIP TO 15. PAYMENT WILL BE MADE BY CODE 16. TYPE OF ORDER DELIVERY/ CALL This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract. PURCHASE Reference your furnish the following on terms specified herein. ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT

TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME. NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED (YYYYMMMDD) If this box is marked, supplier must sign Acceptance and return the following number of copies: 17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE 18. ITEM NO. 19. SCHEDULE OF SUPPLIES/SERVICES 20. QUANTITY ORDERED/ ACCEPTED* 21.UNIT 22. UNIT PRICE 23. AMOUNT * If quantity accepted by the Government is same as quantity ordered, indicate by X. If different, enter actual quantity accepted below quantity ordered and encircle. 24. UNITED STATES OF AMERICA CONTRACTING/ORDERING OFFICER 25. TOTAL 26. DIFFERENCES 27a. QUANTITY IN COLUMN 20 HAS BEEN INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED: b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVEc. DATE (YYYYMMMDD) e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 28. SHIP. NO. 29. D.O. VOUCHER NO. 30. INITIALS 32. PAID BY FINAL PARTIAL 33. AMOUNT VERIFIED CORRECT FOR f. TELEPHONE NUMBER g. E-MAIL ADDRESS 36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT. a. DATE (YYYYMMMDD) b. SIGNATURE AND TITLE OF CERTIFYING OFFICER DD FORM 1155, DEC 2001 37. RECEIVED AT 38. RECEIVED BY (Print) 39. DATE RECEIVED (YYYYMMMDD) PREVIOUS EDITION IS OBSOLETE. 31. PAYMENT COMPLETE PARTIAL FINAL 40. TOTAL CON- TAINERS 41. S/R ACCOUNT NUMBER 42. S/R VOUCHER NO. 34. CHECK NUMBER 35. BILL OF LADING NO. SPE4A7-24-P-8034 2024 FEB 29 7006413905 DCMA NORTHEAST BUILDING 1108 HANSCOM AFB MA 01731 USA Criticality: C Pre-Award Survey : None 66841 66841 X PRECI-MANUFACTURING, INCORPORATED 400 WEAVER ST WINOOSKI VT 05404-1344 USA SEE SCHEDULE Net 30 days X SEE SCHEDULE, DO NOT SHIP TO ADDRESSES ON THIS PAGE DEF FIN AND ACCOUNTING SVC BSM P O BOX 182317 COLUMBUS OH 43218-2317 USA X Offer/Quote dated 2024 FEB 26 217941 See Schedule $22,000.00 See Schedule SPE4A7 S2206A DO-C9 SL4701 DLA AVIATION ASC SUPPLIER OPER AE AND AF DIV 6090 STRATHMORE ROAD RICHMOND VA 23237 USA Local Admin: Sharmica Wood Tel: 8046293222 Email: Sharmica.Wood@dla.mil CODE Adobe Professional 8.0 Holly Simmons Holly.Simmons@dla.mil 2024 FEB 29 5.000 PAGE 1 OF 28 MARK ALL PACKAGES AND PAPERS WITH IDENTIFICATION NUMBERS IN BLOCKS 1 AND 2. Holly Simmons CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 2 OF 28 PAGES SPE4A7-24-P-8034 The following DLA Aviation Acquisition Notices are incorporated by reference. The full-text of the notices can be found at: https://www.dla.mil/Aviation/Business/DAANS/ DAAN-11-01 Notification of Rejection of Award with Technical Data (September 2016) DAAN-13-02 Notification of Rejection of Unilateral Award (September 2016) DAAN-13-04 Master Solicitation with Additional Clauses (March 2017) DAAN-47-01 Transportation Account Codes (TACs) for FOB Origin Vendor Shipments (March 2017) DAAN-47-02 Carrier Tracking Information in Wide Area Workflow (WAWF) (September 2018) PRODUCTION CLIN FOB: ORIGIN Inspection/Acceptance: ORIGIN Awardee: CAGE 66841 PRECI-MANUFACTURING, INCORPORATED Manufacturer/Dealer: Manufacturer Manufacturer’s Higher-Level Quality: ISO 9001:2015 DAAN-09-07 Disposition Instructions for Government First Article Test Exhibit(s) after Test Completion (December 2020) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 3 OF 28 PAGES SPE4A7-24-P-8034 SECTION B SUPPLIES/SERVICES: 1560-00-306-3683 ITEM DESCRIPTION: ROD ASSY, RUDDER RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. RD002, COVERED DEFENSE INFORMATION APPLIES RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT RQ001: TAILORED HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS (MANUFACTURERS AND NON-MANUFACTURERS) RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES Item Unique Identification is not required by request of the Service customer. DFARS 252.211-7003(c)(1)(i) applies. RQ032: EXPORT CONTROL OF TECHNICAL DATA This item has technical data some or all of which is subject to export-control of either the International Traffic in Arms regulations (ITAR) or the Export Administration Regulations (EAR), and cannot be exported without prior authorization from either the Department of State or the Department of Commerce. Export includes disclosure of technical data to foreign persons and nationals whether located in the United States or abroad. This requirement applies equally to foreign national employees and U.S. companies and their foreign subsidiaries. DFARS 252.225-7048 is applicable to this data. The Defense Logistics Agency (DLA) limits distribution of export-control technical data to DLA contractors that have an approved US/Canada Joint Certification Program (JCP) certification, have completed the Introduction to Proper Handling of DOD Export-Controlled Technical Data Training and the DLA Export-Controlled Technical Data Questionnaire (both are available at the web address given below), and have been approved by the DLA controlling authority to access the export-controlled data. Instructions for obtaining access to the export-controlled data can be found at: https://www.dla.mil/Logistics-Operations/Enhanced-Validation/ To be eligible for award, offerors and any sources of supply proposed for use are required to have an approved JCP certification and have been approved by the DLA controlling authority to access export-controlled data managed by DLA. DLA will not delay award in order for an offeror or its supplier to apply for and receive approval by the DLA controlling authority to access the export-controlled data. RT001: MEASURING AND TEST EQUIPMENT MIL-STD-130N(1) DATED 16 NOV 2012. IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY Government First Article Preproduction approval required. Testing will be in accordance with applicable drawings, specifications and/or CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 4 OF 28 PAGES SPE4A7-24-P-8034 SECTION B SUPPLY/SERVICE: 1560-00-306-3683 CONT'D Engineering instructions. The first article offered shall be manufactured at the facilities in which production quantities are procured and produced under this contract. When submitting the first article(s) for government testing, a copy of the contract and all applicable drawings, specifications, engineering instructions, certifications, and inspection sheets shall be provided. Upon receipt and evaluation of the test report from the responsible government testing location, the contracting officer will provide final notification to the manufacturer. Any questions or concerns regarding the first article test requirements must be submitted through the contracting officer. Additional Wide Area Workflow (WAWF) instructions for government first article test CLIN: The contractor shall code the receiving report for government first article test CLIN in WAWF as Follows: A: Inspection at origin (Source) - Enter the DCMA office DODAAC listed on page 1 of the contract. B: Acceptance by other - Enter the issue by office DODAAC listed on page 1 of the contract. C: Ship to code - Enter the DODAAC of the test facility listed for the government first article test CLIN in the contract (See FAR Clause 52.209-4). FIRST ARTICLE TEST MARKING INSTRUCTIONS: FAT sample(s) packaging shall be clearly marked "FIRST ARTICLE TEST EXHIBIT(S) DO NOT POST TO STOCK!!!" in largest font possible with contrasting color to the packaging. Marking shall be located adjacent to the Package Shipping Label side and on at least one additional side of the package. SAMPLING: THE SAMPLING METHOD SHALL BE IN ACCORDANCE WITH MIL-STD-1916 OR ASQ H1331, TABLE 1 OR A COMPARABLE ZERO BASED SAMPLING PLAN UNLESS OTHERWISE SPECIFIED BY THE CONTRACT. IF THE APPLICABLE DRAWING, SPECIFICATION, STANDARD, OR QUALITY ASSURANCE PROVISION (QAP) SPECIFIES CRITICAL, MAJOR AND/OR MINOR ATTRIBUTES, THEY SHALL BE ASSIGNED VERIFICAITON LEVELS OF VII, IV AND II OR AQLS OF 0.1, 1.0 AND 4.0 RESPECTIVELY. UNSPECIFIED ATTRIBUTES SHALL BE CONSIDERED AS MAJOR UNLESS SAMPLING PLANS ARE SPECIFIED IN APPLICABLE DOCUMENTS. FOR MIL-STD-1916, THE MANUFACTURER MAY USE THE ATTRIBUTE OR VARIABLE INSPECTION METHOD AT THEIR OPTION OR PER THE CONTRACT. MIL-STD-105/ASQ Z1.4 MAY BE USED TO SET SAMPLE LOT SIZE, BUT ACCEPTANCE WOULD BE ZERO NON-CONFORMANCES IN THE SAMPLE LOT UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. FINISH: G14 + ECO INCLUDE ECO: 2009C0001-R. STP55-601; USE IN LIEU OF 1424. STP53-001; USE IN LIEU OF 0565. APPLICABLE FINISHES ARE: C,G,H,1,2 DWG 200415485; STP63-001; USE IN LIEU OF 0227. STP51-400; USE IN LIEU OF 0701. DS5026; USE IN LIEU OF DS2209. STP58-302; C/O: G14 FINISH: G G604; FINISH: 2 NOTES 1, 3, 6, AND 12 APPLY. Spares Configuration: Per Drawing. CRITICAL APPLICATION ITEM IAW BASIC DRAWING NR 98897 344051 REVISION NR L DTD 04/15/1970 PART PIECE NUMBER: 344051 IAW REFERENCE DRAWING NR 98897 DS5026 REVISION NR H DTD 10/15/1992 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 STP53-001 REVISION NR G DTD 09/14/2011 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 STP55-601 REVISION NR D DTD 06/16/2021 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 5 OF 28 PAGES SPE4A7-24-P-8034 SECTION B SUPPLY/SERVICE: 1560-00-306-3683 CONT'D PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 DS5025 REVISION NR BA DTD 05/11/2023 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 STP63-001 REVISION NR W DTD 04/28/2023 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 G604 REVISION NR T DTD 09/29/2022 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 G14 REVISION NR AN DTD 08/21/2009 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 344051 REVISION NR L DTD 09/30/1987 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 G14 REVISION NR AN DTD 01/21/2021 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 STP51-400 REVISION NR E DTD 09/15/2009 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 STP58-302 REVISION NR E DTD 06/17/1977 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98897 0471 REVISION NR BB DTD 04/26/2021 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98752 200415485 REVISION NR E DTD 01/30/2020 PART PIECE NUMBER: IAW REFERENCE DRAWING NR 98752 200920837 REVISION NR E DTD 05/03/2022 PART PIECE NUMBER: ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT . 0001 1560-00-306-3683 4.000 EA $ 3,000.00 $ 12,000.00 ROD ASSEMBLY ,RUDDER PRICING TERMS: Firm Fixed Price Accounting and Appropriation: BX: 97X4930 5CBX 001 2620 S33189 USD 12000.00 QTY VARIANCE: PLUS 0% MINUS 0% INSPECTION POINT: ORIGIN ACCEPTANCE POINT: ORIGIN FOB: ORIGIN DELIVERY DATE: 2025 NOV 30 FOB PAYMENT METHOD: GOVERNMENT PLACE of INSPECTION for PACKAGING: 66841 PRECI-MANUFACTURING, INCORPORATED 400 WEAVER ST WINOOSKI VT 05404-1344 USA CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 6 OF 28 PAGES SPE4A7-24-P-8034 SECTION B SUPPLY/SERVICE: 1560-00-306-3683 CONT'D Administration Office for Supplies: S2206A DCMA NORTHEAST BUILDING 1108 HANSCOM AFB MA 01731 USA Administration Office for Packaging: S2206A DCMA NORTHEAST BUILDING 1108 HANSCOM AFB MA 01731 USA PREP FOR DELIVERY: PKGING DATA - MIL-STD-2073-1E QUP:001 PRES MTHD:41 CLNG/DRY:1 PRESV MAT:49 WRAP MAT:GB CUSH/DUNN MAT:BG CUSH/DUNN THKNESS:C UNIT CONT:WM OPI:M INTRMDTE CONT:E5 INTRMDTE CONT QTY:AAA PACK CODE:U MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129. SPECIAL MARKING CODE:00 -00 No special marking PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT PARCEL POST ADDRESS: SW3119 DLA DISTRIBUTION WARNER ROBINS 455 BYRON STREET BLDG 376 ROBINS A F B GA 31098-1887 US FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND CONTRACT FREIGHT SHIPPING ADDRESS: SW3119 DLA DISTRIBUTION WARNER ROBINS 455 BYRON STREET BLDG 376 ROBINS A F B GA 31098-1887 US Government First Article Test Government First Article Test – The number of units shown signifies the test requirement. See FAR clause 52.209-4 for the actual quantity required to be tested. ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT . 0002 0001 - S00000052 1.000 EA $ 10,000.00 $ 10,000.00 PRICING TERMS: Firm Fixed Price Accounting and Appropriation: AA: 97X4930 5CBX 1011600 001 2570 S33189 USD 10000.00 FOB: DELIVERY DATE: 2024 DEC 05 FOB PAYMENT METHOD: CONTRACTOR GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date . 0001 7006413905 0001 N/A N/A N/A 08/11/2024 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 7 OF 28 PAGES SPE4A7-24-P-8034 SECTION B SUPPLY/SERVICE: 0001-S00000052 CONT'D GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date . 0002 N/A N/A N/A N/A N/A N/A * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION A - SOLICITATION/CONTRACT FORM 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) DFARS As prescribed in 204.7304(e), use the following clause: (a) Definitions. Basic Assessment means a contractor's self-assessment of the contractor's implementation of NIST SP 800 -171 that -- (1) Is based on the Contractor's review of their system security plan(s) associated with covered contractor information system(s); (2) Is conducted in accordance with the NIST SP 800 -171 DoD Assessment Methodology; and (3) Results in a confidence level of “Low” in the resulting score, because it is a self-generated score. Covered contractor information system has the meaning given in the clause 252.204 -7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract. High Assessment means an assessment that is conducted by Government personnel using NIST SP 800 -171A, Assessing Security Requirements for Controlled Unclassified Information that -- (1) Consists of -- (i) A review of a contractor's Basic Assessment; (ii) A thorough document review; (iii) Verification, examination, and demonstration of a Contractor's system security plan to validate that NIST SP 800 -171 security requirements have been implemented as described in the contractor's system security plan; and (iv) Discussions with the contractor to obtain additional information or clarification, as needed; and (2) Results in a confidence level of “High” in the resulting score. Medium Assessment means an assessment conducted by the Government that -- (1) Consists of -- (i) A review of a contractor's Basic Assessment; (ii) A thorough document review; and (iii) Discussions with the contractor to obtain additional information or clarification, as needed; and (2) Results in a confidence level of “Medium” in the resulting score. (b) Applicability. This clause applies to covered contractor information systems that are required to comply with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800 -171, in accordance with Defense Federal Acquisition Regulation System (DFARS) clause at 252.204 -7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract. (c) Requirements. The Contractor shall provide access to its facilities, systems, and personnel necessary for the Government to conduct a Medium or High NIST SP 800 -171 DoD Assessment, as described in NIST SP 800 -171 DoD Assessment Methodology at https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/ safeguarding/NIST-SP-800-171-Assessment-Methodology-Version-1.2.1-6.24.2020.pdf, if necessary. (d) Procedures. Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) to provide DoD Components visibility into the summary level scores of strategic assessments. (1) Basic Assessments. A contractor may submit, via encrypted email, summary level scores of Basic Assessments conducted in accordance with the NIST SP 800 -171 DoD Assessment Methodology to webptsmh@navy.mil for posting to SPRS. (i) The email shall include the following information: (A) Version of NIST SP 800 -171 against which the assessment was conducted. (B) Organization conducting the assessment (e.g., Contractor self-assessment). (C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract -- (1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and (2) A brief description of the system security plan architecture, if more than one plan exists. (D) Date the assessment was completed. (E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement). (F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. (ii) If multiple system security plans are addressed in the email described at paragraph (b)(1)(i) of this section, the Contractor shall use the following format for the report: System security plan CAGE codes supported by this plan Brief description of the plan architecture Date of assessment Total score Date score of 110 will achieved (2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system security plan assessed: (i) The standard assessed (e.g., NIST SP 800 -171 Rev 1). (ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)). (iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan. (iv) A brief description of the system security plan architecture, if more than one system security plan exists. (v) Date and level of the assessment, i.e., medium or high. (vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement). https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment-Methodology-Version-1.2.1-6.24.2020.pdf https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment-Methodology-Version-1.2.1-6.24.2020.pdf https://www.sprs.csd.disa.mil/ mailto:webptsmh@navy.mil https://www.ecfr.gov/current/title-48/section-252.204-7020 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED) (vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800 -171. (e) Rebuttals. (1) DoD will provide Medium and High Assessment summary level scores to the Contractor and offer the opportunity for rebuttal and adjudication of assessment summary level scores prior to posting the summary level scores to SPRS (see SPRS User's Guide https://www.sprs.csd.disa.mil/ pdf/SPRS_Awardee.pdf). (2) Upon completion of each assessment, the contractor has 14 business days to provide additional information to demonstrate that they meet any security requirements not observed by the assessment team or to rebut the findings that may be of question. (f) Accessibility. (1) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI). (2) Authorized representatives of the Contractor for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf. (3) A High NIST SP 800 -171 DoD Assessment may result in documentation in addition to that listed in this clause. DoD will retain and protect any such documentation as “Controlled Unclassified Information (CUI)” and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential). (g) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services (excluding commercially available off-the-shelf items). (2) The Contractor shall not award a subcontract or other contractual instrument, that is subject to the implementation of NIST SP 800 -171 security requirements, in accordance with DFARS clause 252.204 -7012 of this contract, unless the subcontractor has completed, within the last 3 years, at least a Basic NIST SP 800 -171 DoD Assessment, as described in https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment- Methodology-Version-1.2.1-6.24.2020.pdf, for all covered contractor information systems relevant to its offer that are not part of an information technology service or system operated on behalf of the Government. (3) If a subcontractor does not have summary level scores of a current NIST SP 800 -171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the subcontractor may conduct and submit a Basic Assessment, in accordance with the NIST SP 800 -171 DoD Assessment Methodology, to webptsmh@navy.mil for posting to SPRS along with the information required by paragraph (d) of this clause. (End of clause) 52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016) FAR 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (DEC 2019) DFARS As prescribed in 204.2105 (a), use the following provision: (a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. (b) 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 defense telecommunications equipment or services”. (c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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. (End of provision) 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) FAR As prescribed in 4.2105(a), insert the following provision: 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 and 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 https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf https://www.ecfr.gov/current/title-48/section-252.204-7020 https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment-Methodology-Version-1.2.1-6.24.2020.pdf https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment-Methodology-Version-1.2.1-6.24.2020.pdf mailto:webptsmh@navy.mil https://www.acquisition.gov/dfars/part-204-administrative-and-information-matters https://www.sam.gov/ https://www.acquisition.gov/far/part-4 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION A - SOLICITATION/CONTRACT FORM (CONTINUED) 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) Representations. 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) L08 USE OF SUPPLIER PERFORMANCE RISK SYSTEM (SPRS) IN PAST PERFORMANCE EVALUATIONS (JUN 2020) 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR SECTION C - SPECIFICATIONS/SOW/SOO/ORD C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (MAR 2023) C02 MANUFACTURING PHASE OUT OR DISCONTINUATION OF PRODUCTION, DIMINISHING SOURCES, AND OBSOLETE MATERIALS OR COMPONENTS (DEC 2016) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED) SECTION E - INSPECTION AND ACCEPTANCE E08 FIRST ARTICLE TESTING REQUIREMENTS (JAN 2024) (1) If there is not a separate contract line item number (CLIN) for FAT, the offeror shall include all costs and risk associated with completion of the FAT requirement in the production CLIN price. (2) If there is a separate FAT CLIN, the offeror shall include all costs and risk associated with completion of the FAT requirement in the FAT CLIN price. The unit of issue for the FAT CLIN, EACH, is equal to one First Article Test (1EA=1FAT). To receive payment for any costs associated with FAT, the offeror shall propose costs associated with FAT on a separate CLIN. The offeror shall base the production CLIN price solely on all costs associated with completion of the production units and shall exclude all FAT-related costs. (3) The contracting officer will use the total award price in selecting the best value offer from among all eligible offerors. However, for an offeror to be eligible for award, the contracting officer must determine that the FAT CLIN price (unless FAT is waived) and the production CLIN price are fair and reasonable; and, if set-aside under FAR Part 19, a fair market price. The offeror shall not propose a FAT CLIN price that is materially unbalanced in relation to the production CLIN price. In the event an offeror receives a waiver of the FAT require3ment, the contracting officer will deduct the FAT CLIN price for the waived source in determining the total award price. (4)(a) Notwithstanding the conditions for waiving first article, the contracting officer may order an additional first article sample, or portion thereof, in writing if there is a -- (i) Major change to the technical data; (ii) Lapse in production for a period in excess of 90 days; or (iii) Change in the place of performance (manufacturing facility), manufacturing process,material used, drawing, specification or source of supply. (b) When conditions in paragraphs (4)(a)(i), (ii), or (iii) occur, the contractor shall notify the contracting officer; who will determine whether to order an additional first article sample or portion thereof and provide instructions concerning the submission, inspection, and notification of results. The contractor shall bear the costs of the additional first article testing resulting from any of the causes in paragraphs (4)(a)(i)-(iii) instituted by the contractor and not due to changes directed by the Government. (5) Waivers. The offeror may submit a request for FAT waiver to the contracting officer, who may waive the FAT requirement when all of the following criteria apply: (a) The offeror requesting waiver has manufactured and delivered the item or a similar item within the last three (3) years regardless of item criticality. The offeror shall provide the following information and be prepared to provide documentary evidence upon the contracting officer's request: (i) Contract number(s), date(s), and issuing Government agency or agencies. (ii) Description of item previously furnished, identified by part number, type, model number and/or other identifying information. If the item previously furnished is similar but not identical to the item being acquired under the current buy, the offeror shall explain why manufacture of the item previously furnished is sufficient to demonstrate its ability to manufacture the item being acquired under the current buy without need for a first article test. (iii) Engineering control document/change number of item previously furnished. (b) There have been no changes to manufacturing processes, tooling, or place of performance. (c) There have been no changes to manufacturing data (e.g., drawing revisions that change materials, dimensions, processes, inspection or testing requirements; or subcontractors used to manufacture the items successfully in the past). (d) The offeror shall supply an item of the same design and manufactured by the same method at the same facilities as the item or similar item previously furnished and accepted under subparagraph (5)(a) (6) Contractor-Performed FAT. (a) The contractor shall test the quantities as outlined in paragraph (a) of FAR clause 52.209-3 as specified in the contract. The contractor shall submit reports in accordance with paragraph (b) of FAR clause 52.209-3, as supplemented in this procurement note. (b] For test report preparation and delivery of contractor FAT, the contractor shall -- (i) Use the data item description DI-NDTI-80809B report format. (ii)] Mark the test report with the following: “First article test report - Contract number:[ SPE4A724P8034 ] and lot/item number: [ 1560003063683 ]. (iii) Sign the FAT Report, accompanied by the system of record receiving report (i.e, WAWF or] DD Form 250) and contractor confirmation that the same process and facilities used to manufacture the first article units will be used to manufacture the production units, to the contracting officer at the applicable address shown below: (A) For awards issued by DLA Aviation; or DLA Troop Support Clothing and Textile (C&T), Medical Materiel, or Subsistence, submit the report to the procuring activity in Block 6 of the DD Form 1155, Block 7 of Standard Form (SF) 33, Block 5 of SF 26, or Block 9 of SF 1449 award. (B) For awards issued by DLA Land (SPE7L), submit the report to the following address: DLA Land - FLSEB ATTN: FAT Monitor P. O. Box 3990 Columbus, OH 43218-399, or email to: Land.FAT.Monitor@dla.mil. (C) For awards issued by DLA Maritime (SPE7M), submit the report to the following address: DLA Maritime - FMSE ATTN: FAT Monitor P. O. Box 3990 Columbus, OH 43218-3990, or email to: maritime.fat.monitor@dla.mil. (D) For awards issued by DLA Troop Support Construction and Equipment (SPE8E), email the report to Construction and Equipment FAT Monitor at trpsptcandefatmonitor@dla.mil. If report exceeds email limitations, submit the report to the following address: DLA Troop Support ATTN: First Article Testing Monitor CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED) Building 3, 700 Robbins Avenue Philadelphia, Pennsylvania 19111. Preferred electronic submissions: Hardware FAT Monitor at DLAHardwareFATMonitor@dla.mil. (7) The contractor shall -- (a) Provide and maintain an inspection system acceptable to the Government in accordance with FAR Clause 52.246-2 or 52.246-3; (b) Maintain and make available all records evidencing those details at the Government's request. (c) At least fourteen (14) calendar days (or as otherwise specified in the contract) prior to shipment to the Government, provide written notice to the contracting officer and to the cognizant DCMA Functional Specialist when full administration or Quality Support administration is delegated to DCMA. (8) Government-performed FAT. The contractor shall -- (a) For delivery of separately priced Government first article samples for Government performed FAT ship the units and system of record receiving report (i. e., WAWF or DD Form 250) to the test facility specified in paragraph (a) of FAR clause 52.209-4. (b) For delivery of Government first article samples that are not separately priced, ship the units with a commercial shipping document to the test facility. (c) Prepare the shipping container(s) by marking the external packages in bold letters, “First Article Exhibits - Do Not Post to Stock," adjacent to the MIL- STD-129 (latest revision) identification markings. (d) Use a hard copy of the system of record receiving report (i.e., WAWF DD Form 250), or commercial shipping document as a packing list, in accordance with DFARS Appendix F. (e) Mark the exterior of the shipping container in accordance with MIL-STD-129 (latest revision), paragraph 5.11. (f) In the interior package, include hard copies of the contract, test reports, material certifications/process operation sheets, drawings used to manufacture the units, and a pre-paid return label or shipping account for payment. (g) Send units by traceable means (e.g., certified or registered mail, United Parcel Service, Federal Express). (h) Send an email with subject titled “Notification of Test Exhibits [ FD2060 ]” to the corresponding address in (i) or (ii) below and to the contracting officer specified in the contract. In the email, provide the shipment date, contract/purchase order number, National Stock Number, means of transportation, tracking number, and summary of container contents. Attach a copy of the system of record receiving report (i.e., WAWF or DD Form 250) documenting the Government has performed the contract quality assurance within the system or record. (i) DLA Land & Maritime - DSCCProdVerif@dla.mil (ii) DLA Aviation - DSCR.Test & EvaluationOffice@dla.mil (9) At its discretion, the Government may return FAT units to the contractor at no cost to the Government. The contractor shall submit the return address and pre-paid return label or shipping account for payment. (10) If the Government disapproves or conditionally approves Government-performed FAT units, the Government will take action in accordance with FAR 52.209-4. E02 SUPPLEMENTAL FIRST ARTICLE EXHIBIT DISPOSITION – GOVERNMENT MAINTAINED (MAY 2020) E10 GOVERNMENT FIRST ARTICLE TEST (FAT) INFORMATION (JUL 2022) (1) For FAT requirements, the Government will conduct inspection at source and acceptance at destination. The FOB point is destination. Due to known systems limitations, solicitations may contain erroneous inspection, acceptance, and FOB points. This procurement note takes precedence over any conflicting terms. (2) GOVERNMENT FAT DELIVERY SCHEDULE (a) 280 Days: To Deliver FAT Units to the Government (b) 180 Days: Government FAT Evaluation and Notification to Contractor (c) 180 Days: To Deliver Final Production Quantity After Approval of FAT. If PLT applies, this line will be blank; the number of delivery days for final production quantity will appear in procurement note E03, Production Lot Testing - Contractor, or E04, Production Lot Testing - Government, as applicable] (d) 640 Total Delivery Days for FAT (Sum of Paragraphs (2)(a) through (2)(c)). 52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) FAR As prescribed in 46.311, insert the following clause: (a) The Contractor shall comply with the higher-level quality standard(s) listed below. Title Number Date Tailoring ISO 9001:2015 [Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.] (b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in- (1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or (2) When the technical requirements of a subcontract require- (i) Control of such things as design, work operations, in-process control, testing, and inspection; or CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED) (ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced metrology. (End of Clause) E05 PRODUCT VERIFICATION TESTING (MAY 2020) (1) Product verification testing (PVT) under this procurement note will only apply when the contracting officer specifically invokes it in writing. The contracting officer may invoke PVT at or after contract award. If the contracting officer invokes PVT at contract award, the contract will explicitly state this testing requirement. If the contracting officer invokes PVT after contract award, the contracting officer shall notify the contractor and the cognizant DCMA ACO. The Government will perform PVT testing at a Government-designated testing laboratory. (2) The contractor shall not ship or deliver any material until it receives notification of the acceptable PVT results, unless the contracting officer directs it to do so in writing The Government will provide the PVT results to the contractor within 20 business days after receipt at the Government testing facility, unless the Government specifies otherwise in writing. (3) The contractor shall provide and maintain an inspection system acceptable to the Government in accordance with FAR Clause 52.246-2 or 52.246-3; and maintain and make available all records evidencing those details if requested by the Government. When the Government finds evidence of risk associated with the contractor's sampling process, the Government may witness and evaluate the contractors sampling process. The contractor shall randomly select samples from the production lot(s), unless the contracting officer specifies otherwise in writing. The contractor shall ship the selected PVT samples with a copy of the system of record receiving report (i.e., WAWF, DD Form 250, or commercial shipping document) and the contractor's signed DD Form 1222. The contractor shall prepare the shipping container(s) by marking the external packages in bold letters, “Product Verification Test Samples - Do Not Post to Stock," Contract Number [ ] and Lot/Item Number [ ]” adjacent to the MIL-STD-129 (latest revision) identification markings. The contractor shall use a hard copy of the system of record receiving report as a packing list, in accordance with DFARS Appendix F. The contractor shall mark the exterior of the shipping container in accordance with MIL-STD129 (latest revision), paragraph 5.11. The contractor shall send samples by traceable means (e.g., certified or registered mail, United Parcel Service, Federal Express). The contractor shall include the following in the interior package: (a) Hard copies of the contract; (b) Material certifications/process operation sheets; and (c) Drawings used to manufacture the units and return shipping information. (4) The Government will return samples that pass testing and are not destroyed during evaluation to the contractor at the Government's expense for the contractor to include as part of the total contract quantity to be delivered under the contract. The contractor and Government may agree to dispose of samples not destroyed when the cost of the item does not justify the shipping expense. If the Government does not return approved samples that pass testing to the contractor, the Government will consider those samples as part of the contract quantity for payment and delivery. (5) If samples fail testing, the Government may reject the entire contract lot from which the contractor took the samples. The Government may, at its discretion, retain samples that fail testing without obligation to the contractor. E06 INSPECTION AND ACCEPTANCE AT SOURCE (JUN 2018) Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below. The contractor shall indicate the location where supplies will be inspected, if different from the production location: Commercial and Government Entity (CAGE) code: 66841 Address: PRECI-MANUFACTURING, INCORPORATED 400 WEAVER ST WINOOSKI, VT 05404-1344 Applicable to contract line item numbers(s) (CLIN(s)): ALL The contractor shall indicate the location where packaging will be inspected, if different from the production location: [ X ] Same as for supplies OR CAGE code: Address: Applicable to CLIN(s): The contractor shall indicate the location where supplies will be accepted, if different from the inspection location: Commercial and Government Entity (CAGE) code: Address: Applicable to contract line item numbers(s) (CLIN(s)): SECTION F - DELIVERIES OR PERFORMANCE 52.211-16 VARIATION IN QUANTITY (APR 1984) FAR As prescribed in 11.703(a), insert the following clause: (a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause. (b) The permissible variation shall be limited to: 00 Percent increase 00 Percent decrease This increase or decrease shall apply to ALL CLINS.* (End of clause) 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR https://www.acquisition.gov/far/part-11 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION F - DELIVERIES OR PERFORMANCE (CONTINUED) 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR 52.247-29 F.O.B. ORIGIN (FEB 2006) FAR 52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT - SMALL PACKAGE SHIPMENTS (JAN 1991) FAR SECTION H - SPECIAL CONTRACT REQUIREMENTS 252.223-7001 HAZARD WARNING LABELS (DEC 1991) DFARS (a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract. (b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes: (1) Federal Insecticide, Fungicide and Rodenticide Act; (2) Federal Food, Drug and Cosmetics Act; (3) Consumer Product Safety Act; (4) Federal Hazardous Substances Act; or (5) Federal Alcohol Administration Act. (c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard. MATERIAL (If None, Insert “None.”) ACT (d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract. (e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract). (End of clause) SECTION I - CONTRACT CLAUSES 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) FAR 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 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) 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 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR As prescribed in 4.1804(d), insert the following provision: (a) Definitions. As used in this provision -- Commercial and Government Entity (CAGE) code means -- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. https://www.acquisition.gov/far/part-4 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION I - CONTRACT CLAUSES (CONTINUED) Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: (or mark “Unknown”). Predecessor legal name: . (Do not use a “doing business as” name). 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) FAR 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (JAN 2023) DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023) DFARS 252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN 2023) DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023) DFARS 52.209-4 FIRST ARTICLE APPROVAL---GOVERNMENT TESTING (SEP 1989) FAR As prescribed in 9.308-2 (a) and (b), insert the following clause: (a) The Contractor shall deliver 2 unit(s) of Lot/Item 1560003063683 within 280 calendar days from the date of this contract to the Government at WARNER ROBINS ALC WARNER ROBINS AFB WR-ALC DLA CENTRAL RECEIVING DDWG ER ATTN: SPECIAL HANDLING, FIRST ARTICLE UNIT 455 BYRON STREET ROBINS AFB, GA 31098-1887 INSPECTION REPORTS: 402 MXSG/MXRILM ATTN: FIRST ARTICLE TEST LAB 450 THIRD ST, BLDG 323 ROBINS AFB, GA 31098-1640 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. (b) Within 180 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor - (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. (End of clause) 52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR 252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT OFFSETS (DEC 2022) DFARS https://www.acquisition.gov/far/part-9 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION I - CONTRACT CLAUSES (CONTINUED) 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (CLASS DEVIATION 2024-O0002) (JAN 2024) FAR Insert the following deviation clause in solicitations and contracts exceeding the micro-purchase threshold to be set aside for, or to be awarded on a sole source basis to, service-disabled veteran-owned small business concerns, when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19.3 in accordance with FAR 19.000(b)(1): (a) Definitions. As used in this clause -- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217 -8, Option to Extend Services, or other appropriate authority. Small business concern -- (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. (2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. (b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts -- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract. (d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards. (e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition -- (1) Was set aside for small business and has a value above the simplified acquisition threshold; (2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or (3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole- source award regardless of dollar value. (f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update. (g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause. (h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: (1) The Contractor represents that it [X] is, [] is not a small business concern under NAICS Code 336413 assigned to contract number . (2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [] is, [] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [] is, [] is not a women-owned small business concern. (4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [] is, [] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] (5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [] is, [] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] (6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [] is, [] is not a veteran-owned small business concern. (7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [] is, [] is not a service-disabled veteran-owned small business concern. https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/section-121.103 https://www.ecfr.gov/current/title-13/section-121.103 https://www.sba.gov/document/support--table-size-standards https://www.ecfr.gov/current/title-13/section-124.1002 https://www.ecfr.gov/current/title-13/section-127.506 https://www.ecfr.gov/current/title-13/section-127.506 https://www.ecfr.gov/current/title-13/section-127.506 https://www.ecfr.gov/current/title-13/section-127.506 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION I - CONTRACT CLAUSES (CONTINUED) (8) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [] is, [] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .] (9) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that -- (i) It [] is, [] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [] is, [] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. [Contractor to sign and date and insert authorized signer's name and title.] (End of clause) 52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION -- ALTERNATE I (MAR 2020) FAR Alternate I. As prescribed in 19.309(c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause: (h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract. NAICS CODE SMALL BUSINESS CONCERN (YES/NO) 252.219-7000 ADVANCING SMALL BUSINESS GROWTH (JUN 2023) FAR 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEC 2022) FAR 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES---ALTERNATE I (JUL 2014) FAR Alternate I. As prescribed in 22.1408(b), add the following as a preamble to the clause: Notice: The following term(s) of this clause are waived for this contract: . 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) FAR 52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) FAR (a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract. Material (If none, insert None) Identification No. (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the https://www.ecfr.gov/current/title-13/part-126 https://www.ecfr.gov/current/title-13/part-126 https://www.acquisition.gov/far/part-19 https://www.acquisition.gov/far/part-22 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION I - CONTRACT CLAUSES (CONTINUED) data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. (h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to -- (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources. (End of Clause) 52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997) FAR (a) The Contractor shall notify the Contracting Officer or designee, in writing, * days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107). * The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d). (b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall -- (1) Be submitted in writing; (2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and (3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted. (c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract. (d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause. (End of Clause) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR 52.223-20 AEROSOLS (JUN 2016) FAR 52.223-21 FOAMS (JUN 2016) FAR 252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS - BASIC (SEP 2014) DFARS 252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS - ALTERNATE I (SEP 2014) DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023) DFARS 252.223-7009 PROHIBITION OF PROCUMENT OF FLOURINATED AQUEOUS FILM-FORMING FOAM FIRE-FIGHTING AGENT FOR USE ON MILITARY INSTALLATIONS (OCT 2023) FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (JAN 2023) DFARS 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM — ALTERNATE I (JAN 2023) DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) DFARS 252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES (DEC 2018) DFARS 252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013) DFARS 252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (JAN 2023) DFARS CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION I - CONTRACT CLAUSES (CONTINUED) 252.225-7054 PROHIBITION ON USE OF CERTAIN ENERGY SOURCED FROM INSIDE THE RUSSIAN FEDERATION (JAN 2023) FAR 252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (MAY 2022) DFARS 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023) DFARS 252.225-7057 PREAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF CHINA (AUG 2022) DFARS 252.225-7058 POSTAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF CHINA (JAN 2023) DFARS 252.225-7062 RESTRICTION ON ACQUISITION OF LARGE MEDIUM-SPEED DIESEL ENGINES (JUL 2023) DFARS 252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS (CLASS DEVIATION 2024-O0006) (JAN 2024) DFARS As prescribed in Class Deviation 2024-O0006, use the following clause: (a) Definitions. As used in this clause -- “Business operations” means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include -- (1) Any shipment subject to price caps as specified in the -- (i) “Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil”, issued on December 2, 2022, between member countries of that coalition; or (ii) “Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington”, issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; or (A) Actions taken for the benefit of the country of Ukraine, as determined by the Secretary; or (B) Actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the effective date and ending on December 31, 2029, including -- (1) Any action to secure or divest from facilities, property, or equipment; (2) The provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and; (3) Activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia. Fossil fuel company means an entity or individual that -- (1) Carries out oil, gas, or coal exploration, development, or production activities; (2) Processes or refines oil, gas, or coal; or (3) Transports, or constructs facilities for the transportation of, Russian oil, gas, or coal. (b) Prohibition. In accordance with section 804 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31), the Contractor is prohibited from entering into a subcontract or other contractual instrument for the procurement of products or services with any entity or individual that is known to be, or that is known to have fossil fuel business operations with an entity or individual that is, not less than 50 percent owned, individually or collectively, by -- (1) An authority of the government of the Russian Federation; or (2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas -- (i) Through the Russian Federation for sale outside of the Russian Federation; and (ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services. (End of clause) 252.227-7013 RIGHTS IN TECHNICAL DATA -- OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) DFARS As prescribed in 227.7103-6 (a), use the following clause: (a) Definitions. As used in this clause -- (1) Computer data base means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software. (2) Computer program means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations. (3) Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation. (4) Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. (5) Covered Government support contractor means a contractor (other than a litigation support contractor covered by 252.204 -7014)under a contract, the https://www.acquisition.gov/dfars/part-227-patents-data-and-copyrights CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION I - CONTRACT CLAUSES (CONTINUED) primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), provided that the contractor -- (i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and (ii) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227 -7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. (6) Detailed manufacturing or process data means technical data that describe the steps, sequences, and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform a process. (7) Developed means that an item, component, or process exists and is workable. Thus, the item or component must have been constructed or the process practiced. Workability is generally established when the item, component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in the applicable art that there is a high probability that it will operate as intended. Whether, how much, and what type of analysis or testing is required to establish workability depends on the nature of the item, component, or process, and the state of the art. To be considered “developed,” the item, component, or process need not be at the stage where it could be offered for sale or sold on the commercial market, nor must the item, component, or process be actually reduced to practice within the meaning of Title 35 of the United States Code. (8) Developed exclusively at private expense means development was accomplished entirely with costs charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof. (i) Private expense determinations should be made at the lowest practicable level. (ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at government, private, or mixed expense. (9) Developed exclusively with government funds means development was not accomplished exclusively or partially at private expense. (10) Developed with mixed funding means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract. (11) Form, fit, and function data means technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items. (12) Government purpose means any activity in which the United States Government is a party, including cooperative agreements with international or multi- national defense organizations, or sales or transfers by the United States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so. (13) Government purpose rights means the rights to -- (i) Use, modify, reproduce, release, perform, display, or disclose technical data within the Government without restriction; and (ii) Release or disclose technical data outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data for United States government purposes. (14) Limited rights means the rights to use, modify, reproduce, release, perform, display, or disclose technical data, in whole or in part, within the Government. The Government may not, without the written permission of the party asserting limited rights, release or disclose the technical data outside the Government, use the technical data for manufacture, or authorize the technical data to be used by another party, except that the Government may reproduce, release, or disclose such data or authorize the use or reproduction of the data by persons outside the Government if -- (i) The reproduction, release, disclosure, or use is -- (A) Necessary for emergency repair and overhaul; or (B) A release or disclosure to -- (1) A covered Government support contractor in performance of its covered Government support contract for use, modification, reproduction, performance, display, or release or disclosure to a person authorized to receive limited rights technical data; or (2) A foreign government, of technical data other than detailed manufacturing or process data, when use of such data by the foreign government is in the interest of the Government and is required for evaluational or informational purposes; (ii) The recipient of the technical data is subject to a prohibition on the further reproduction, release, disclosure, or use of the technical data; and (iii) The contractor or subcontractor asserting the restriction is notified of such reproduction, release, disclosure, or use. (15) Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or financial, administrative, cost or pricing, or management information, or information incidental to contract administration. (16) Unlimited rights means rights to use, modify, reproduce, perform, display, release, or disclose technical data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so. (b) Rights in technical data. The Contractor grants or shall obtain for the Government the following royalty free, worldwide , nonexclusive, irrevocable license rights in technical data other than computer software documentation (see the Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation clause of this contract for rights in computer software documentation): (1) Unlimited rights. The Government shall have unlimited rights in technical data that are -- (i) Data pertaining to an item, component, or process which has been or will be developed exclusively with Government funds; (ii) Studies, analyses, test data, or similar data produced for this contract, when the study, analysis, test, or similar work was specified as an element of performance; (iii) Created exclusively with Government funds in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes; (iv) Form, fit, and function data; (v) Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data); (vi) Corrections or changes to technical data furnished to the Contractor by the Government; CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 21 OF 28 PAGES CONTINUED ON NEXT PAGE SPE4A7-24-P-8034 SECTION I - CONTRACT CLAUSES (CONTINUED) (vii) Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transfer of some or all of a business entity or its assets to another party; (viii) Data in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or (ix) Data furnished to the Government, under this or any other Government contract or subcontract thereunder, with -- (A) Government purpose license rights or limited rights and the restrictive condition(s) has/have expired; or (B) Government purpose rights and the Contractor's exclusive right to use such data for commercial purposes has expired. (2) Government purpose rights. (i) The Government shall have government purpose rights for a five-year period, or such other period as may be negotiated, in technical data -- (A) That pertain to items, components, or processes developed with mixed funding except when the Government is entitled to unlimited rights in such data as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause; or (B) Created with mixed funding in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes. (ii) The five-year period, or such other period as may have been negotiated, shall commence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise that required development of the items, components, or processes or creation of the data described in paragraph (b)(2)(i)(B) of this clause. Upon expiration of the five-year or other negotiated period, the Government shall have unlimited rights in the technical data. (iii) The Government shall not release or disclose technical data in which it has government purpose rights unless -- (A) Prior to release or disclosure, the intended recipient is subject to the non-disclosure agreement at 227.7103 -7 of the Defense Federal Acquisition Regulation Supplement (DFARS); or (B) The recipient is a Government contractor receiving access to the data for performance of a Government contract that contains the clause at DFARS 252.227 -7025, Limitations on the Use or Disc