ML22181A105

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NRC-2022-000154 - Resp 1- Final, Agency Records Subject to the Request Are Enclosed, Part 4 of 4
ML22181A105
Person / Time
Issue date: 06/21/2022
From:
NRC/OCIO
To:
Shared Package
ML22181A100 List:
References
FOIA, NRC-2022-000154
Download: ML22181A105 (4)


Text

AMENDMENT OF SOLICITATION /MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES 1 4

2. AMENDMENT/ MODIFICATION NO. 5. PROJEC3. EFFECTIVE DATE4. REQUISITION/PURCHASE REQ. NO.T NO. (If applicable)

M0006 See Block 16C ZEROREQ-OCIO-19-0214

6. ISSUED BY CODE NRCHQ 7. ADMINISTERED BY (If other than Item 6)CODE US NRC - HQ ACQUISITION MANAGEMENT DIVISION MAIL STOP 3WFN-05-C64MP WASHINGTON DC 20555-0001
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code )(x)9A. AMENDMENT OF SOLICITATION NO.

VDN SYSTEMS INC ATTN CURT TRAN 9B. DATED (SEE ITEM 11 )

PO BOX 3088 MERRIFIELD VA 22116-3088 x 10A. MODIFICATION OF CONTRACT /ORDER NO.

NRC-HQ-10-14-E-0004

10B. DATED (SEE ITEM 13)

CODE 858499593 FACILITY CODE 12/17/2013

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning ___________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

N/A

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS /ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO : (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT /ORDER IS MODIFIED appropriation data, etc.) SET FORTH IN ITEM 14, PURSUAN TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, T TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF :

D. OTHER (Specify type of modification and authority)

X FAR 52-212-4(c)

E. IMPORTANT : Contractor is not x is required to sign this document and return __________________ copies to the issuing o 1ffice.

14. DESCRIPTION OF AMENDMENT /MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible. )

The purposes of this modification are to:

1. Change AWARD TERMS I and II to OPTION PERIODS 2 and 3.
2. Exercise OPTION PERIODS 2 and 3.
3. Add Federal Acquisition Regulation Clause 52.204 23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018).

Continued...

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print ) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print )

HERIBERTO COLON

15B. CONTRACTOR /OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

09/20/2019 (Signature of person authorized to sign) (Signature of Contracting Officer)

Previous edition unusable STANDARD FORM 30 (REV. 11 /2016)

Prescribed by GSA FAR (48 CFR) 53.243 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET NRC-HQ-10-14-E-0004/M0006 2 4

NAME OF OFFEROR OR CONTRACTOR VDN SYSTEMS INC

ITEM NO. SUPPLIES/ SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F)

Accordingly, all language related to AWARD TERMS is hereby DELETED, the ordering period of performance end date is extended from September 25, 2018 to September 25, 2021, and FAR Clause 52.204 23 is hereby added in full text (See continuation pages).

LIST OF CHANGES:

Reason for Modification: Supplemental Agreement for work within scope Period Of Performance End Date changed from 25-SEP-19 to 25-SEP-21

CHANGES FOR LINE ITEM NUMBER: 00001 Description changed from BASE PERIODS 1-6 to All PERIODS End Date changed from 25-SEP-19 to 25-SEP-21 Period of Performance: 12/18/2013 to 09/25/2021

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53. 110 Add the following Federal Acquisition Regulation Clause to the Contract:

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause

Covered article means any hardware, software, or service that

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)