127EAU26Q0076 Commercial Provisions and Clauses.pdf
PDF 15 KB Posted
- Solicitation number
- 127EAU26Q0076
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a Commercial Provisions and Clauses document (RFO Part 12) that outlines the standard terms, conditions, and regulatory requirements applicable to orders awarded under this solicitation. The document specifies that acceptance of an order constitutes acceptance of all terms and conditions contained within, and notes that these provisions supersede all other terms and conditions. The document acknowledges that under the Revolutionary FAR Overhaul (RFO), system updates in the System for Award Management (SAM) may lag behind policy updates, and contracting officers will rely on representations based on provisions listed in the solicitation.
The document incorporates multiple FAR clauses and provisions by reference, organized into two sections: Provisions (representations required from offerors) and Clauses (requirements binding on the contract). Key provisions include System for Award Management registration requirements, prohibition on contracting with entities requiring confidentiality agreements, and security prohibition and exclusion representations. Significant clauses cover contractor employee whistleblower rights, personal identity verification, small business set-aside notices, labor standards (including child labor, trafficking in persons, and paid sick leave), equal opportunity for workers with disabilities, service contract labor standards, data rights, payment by electronic funds transfer, accelerated payments to small business subcontractors, subcontract requirements for commercial products and services, and dispute resolution procedures. Multiple clauses are noted as USDA Class Deviations under the RFO. The document also includes provisions addressing inverted domestic corporations, restrictions on subcontractor sales to the government, and encouragement of contractor policies regarding text messaging while driving.
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Text version
Rev. 09/16/26
Commercial Provisions and Clauses RFO Part 12
The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.
As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-2 Clauses Incorporated by Reference FEB 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
Provisions
Number Title
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)
52.204-7 System for Award Management-Registration (NOV 2024) (DEVIATION) USDA Class Deviation RFO-2025-16
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023) (DEVIATION) USDA Class Deviation RFO-2025-18
52.240-90 Security Prohibitions and Exclusions Representations and Certifications (NOV 2025) (DEVIATION) USDA Class Deviation RFO-2025-20
Clauses
Number Title
52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government (JUN 2020; Alternate I NOV 2021)
Commercial Provisions and Clauses RFO Part 12
Number Title
52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.204-13 System for Award Management-Maintenance (OCT 2018) (DEVIATION) USDA Class Deviation RFO-2025-16
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (DEVIATION) USDA Class Deviation RFO-2025-22
52.212-4 Terms and Conditions-Commercial Products and Commercial Services (NOV 2023) (DEVIATION) USDA Class Deviation RFO-2025-18
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) (DEVIATION) USDA Class Deviation RFO-2025-40
52.222-3 Convict Labor (JUN 2003) (DEVIATION) USDA Class Deviation RFO-2025-47
Commercial Provisions and Clauses RFO Part 12
Number Title
52.222-19 Child Labor-Cooperation with Authorities and Remedies (MAR 2026) (DEVIATION) USDA Class Deviation RFO-2025-47
52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (DEVIATION) USDA Class Deviation RFO-2025-47
52.222-41 Service Contract Labor Standards (AUG 2018) (DEVIATION) USDA Class Deviation RFO-2025-47
52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)
52.222-50 Combating Trafficking in Persons (OCT 2025) (DEVIATION) USDA Class Deviation RFO-2025-47
52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (DEVIATION) USDA Class Deviation RFO-2025-47
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)
52.227-14 Rights in Data-General (MAY 2014)
Commercial Provisions and Clauses RFO Part 12
Number Title
52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)
52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)
52.233-3 Protest after Award (AUG 1996) (DEVIATION) USDA Class Deviation RFO-2025-23
52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (DEVIATION) USDA Class Deviation RFO-2025-23
52.240-91 Security Prohibitions and Exclusions (NOV 2025) (DEVIATION) USDA Class Deviation RFO-2025-20
52.244-6 Subcontracts for Commercial Products and Commercial Services (OCT 2025) (DEVIATION) USDA Class Deviation RFO-2025-30
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