127EAU26Q0027 Commercial Provisions and Clauses.pdf

Applicable FAR Provisions and Clauses

SECTION I – SOLICITATION PROVISIONS

• 52.204-7 – System for Award Management—Registration

• 52.212-1 – Instructions to Offerors—Commercial Products and Commercial Services

• 52.212-2 – Evaluation—Commercial Products and Commercial Services

• 52.212-3 – Offeror Representations and Certifications—Commercial Products and

Commercial Services

• 52.240-90 – Security Prohibitions and Exclusions Representations and Certifications

52.217-5 EVALUATION OF OPTIONS

Except when it is determined in accordance with FAR 17.202(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

SECTION II – CONTRACT CLAUSES

• 52.203-6 Alt I – Restrictions on Subcontractor Sales to the Government

• 52.203-17 – Contractor Employee Whistleblower Rights

• 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements

• 52.204-13 – System for Award Management—Maintenance

• 52.209-6 – Protecting the Government’s Interest

• 52.209-10 – Prohibition on Contracting with Inverted Domestic Corporations

• 52.212-4 – Terms and Conditions—Commercial Products and Commercial Services

• 52.212-5 – Contract Terms and Conditions Required to Implement Statutes

• 52.219-8 – Utilization of Small Business Concerns

• 52.222-3 – Convict Labor

• 52.232-33 – Payment by Electronic Funds Transfer—SAM (

• 52.233-3 – Protest After Award

• 52.233-4 – Applicable Law for Breach of Contract Claim

• 52.240-91 – Security Prohibitions and Exclusions

• 52.240-93 – Basic Safeguarding of Covered Contractor Information Systems

• 52.244-6 – Subcontracts for Commercial Products and Commercial Services

FULL TEXT CLAUSES

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(a) Definition. Small business concern means a concern that qualifies as a small business under the size standard applicable to this acquisition.

(b) Applicability. This acquisition is set aside for small business concerns. Offers are solicited only from small business concerns.

(c) Representation. By submission of an offer, the Offeror represents it is a small business concern under the applicable size standard.

(End of Clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING

(a) This clause applies only to contracts that are set aside for small business concerns.

(b) By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract it will comply with the limitations on subcontracting requirements in 13 CFR 125.6.

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

The Government will make accelerated payments to the prime Contractor, to the maximum extent practicable, after receipt of a proper invoice and required documentation. The prime Contractor shall make accelerated payments to small business subcontractors to the maximum extent practicable.

52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM

The Government may require delivery of the numbered line item identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice within the period stated in the Schedule.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) The Government may extend the term of this contract by written notice within the period stated in the Schedule; provided that the Government gives the Contractor preliminary written notice of its intent to extend before expiration.

(b) If exercised, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including options, shall not exceed the period stated in the Schedule.