127EAU26Q0077 Commercial Provisions and Clauses.pdf

Commercial Provisions and Clauses RFO Part 12

Rev. 11/21/25

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 Prescription

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

In all solicitations, except as provided in paragraph (a)(2) of this section; and

(2) Not insert the provision in solicitations for personal services contracts with individuals if the individual will perform all services personally (rather than through contractor or subcontractor employees).

52.204-7 System for Award Management—Registration When offerors are required to be registered in SAM.

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services All solicitations.

52.240-90 Security Prohibitions and Exclusions Representations and Certifications In all solicitations.

Clauses

Number Title Prescription

52.203-6 with Alt I

Restrictions on Subcontractor Sales to the Government

Solicitations and contracts exceeding the simplified acquisition threshold. For the acquisition of https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

Number Title Prescription commercial products or commercial services, the contracting officer must use the clause with its Alternate I.

52.203-17 Contractor Employee Whistleblower Rights

All solicitations and contracts, except solicitations and contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community (see 3.900(a)).

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

All solicitations and resulting contracts, other than personal services contracts with individuals.

52.204-9 Personal Identity Verification of Contractor Personnel

Solicitations and contracts when contract performance require contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

52.204-13 System for Award Management— Maintenance When offerors are required to be registered in SAM.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

Each solicitation and contract for the acquisition of products or services (including construction).

52.212-4 Terms and Conditions—Commercial Products and Commercial Services In all Solicitations.

52.219-6 Notice of Total Small Business Set- Aside Solicitations involving total small business set-asides.

52.222-3 Convict Labor

In solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless—

(a) The contract will be subject to 41 U.S.C. chapter 65 (see subpart 22.6 and 22.602), which contains a separate prohibition against the employment of convict labor;

Number Title Prescription

(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 8.6); or

(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.

52.222-19 Child Labor—Cooperation with Authorities and Remedies

In all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold.

Number Title Prescription

52.222-36 Equal Opportunity for Workers with Disabilities

Solicitations and contracts that exceed or are expected to exceed $15,000, except when—

(i) Both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island; or

(ii) The Director of OFCCP or agency head has waived, in accordance with 22.1401-3(a) or (b) all the terms of the clause.

52.222-41 Service Contract Labor Standards

In solicitations and contracts (except as provided in paragraph (b)(2) of this subsection) if the contract is subject to the Service Contract Labor Standards statute and is—

(i) Over $2,500; or

(ii) For an indefinite dollar amount and the contracting officer does not know in advance that the contract amount will be $2,500 or less.

(2) The contracting officer must not insert the clause at 52.222-41 (or any of the associated Service Contract Labor Standards statute clauses as prescribed in this subsection for possible use when 52.222-41 applies) in the resultant contract if—

(i) The solicitation includes the provision at—

(A) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification; or

(B) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification; and

(ii) The contracting officer has made the determination, in accordance with paragraphs (e)(3) or (f)(3) of subsection 22.1002-1, that the Service Contract Labor Standards statute does not apply to the contract. (In such case, insert the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements, or 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements, in the contract, in accordance with the prescription at paragraph (e)(2)(ii) or (e)(4)(ii) of this subsection)

Number Title Prescription

52.222-42 Statement of Equivalent Rates for Federal Hires

Solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable.

52.222-50 Combating Trafficking in Persons In all solicitations and contracts.

52.222-62 Paid Sick Leave Under Executive Order 13706

Solicitations and contracts that include the clause at 52.222-6, Construction Wage Rate Requirements, or 52.222-41, Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States (the 50 States and the District of Columbia).

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving All solicitations and contracts

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

Solicitations and contracts that include the provision at 52.204-7, System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless—

(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or

(ii) An exception listed in 32.1103(a) through (i) applies.

52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management

If the head of the agency has authorized, in accordance with 32.1106, to use a nondomestic EFT mechanism, insert in solicitations and contracts a clause substantially the same as 52.232-33 or 52.232-34 that clearly addresses the nondomestic EFT mechanism.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors All solicitations and contracts.

52.233-3 Protest After Award All solicitations and contracts.

Number Title Prescription

52.233-4 Applicable Law for Breach of Contract Claim All solicitations and contracts.

52.240-91 Security Prohibitions and Exclusions All solicitations and contracts.

52.244-6 Subcontracts for Commercial Products and Commercial Services All solicitations and contracts.