36C78618Q0301-00001003.docx

Clauses and Provision

The full text of FAR provisions and clauses may be accessed electronically at:

http://farsite.hill.af.mil/ and https://www.acquisition.gov/?q=browsefar The following solicitation provisions apply to this acquisition:

FAR 52.203-2 Certificate of Independent Price Determination.

FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-22 Alternative Line Item Proposal FAR 52.211-6 Brand Name or Equal FAR 52.214-21 Descriptive Literature FAR 52.212-1 Instructions to Offerors – Commercial Items FAR 52.212-3 Offeror Representations and Certifications – Commercial Items FAR 52.215-1 Instructions to Offerors – Competitive Acquisition 52.217-3 Evaluation Exclusive of Options FAR 52.232-15 Progress Payments Not Included FAR 52.252-3 Alterations in Solicitation FAR 52.252-5 Authorized Deviations in Provisions FAR 52.203-98 (DEVIATION) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation VAAR 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors VAAR 852.273-74 Award without Exchanges Offerors must complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 “Offerors Representations and Certifications – Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following solicitation clauses apply to this acquisition:

FAR 52.202-1 Definitions FAR 52.203-5 Covenant Against Contingent Fees FAR 52.203-6 Restrictions on Subcontractor Sales to the Government.

FAR 52.203-7 Anti-Kickback Procedures FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

FAR 52.204-9 Personal Identity Verification of Contractor Personnel FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-12 Unique Entity Identifier FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Reporting FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services FAR 52.211-16 Variation in Quantity FAR 52.211-17 Delivery of Excess Quantity FAR 52.212-4 Contract Terms and Conditions – Commercial Items FAR FAR 52.216-21 Requirements FAR 52.216-24 Limitation of Government Liability.

FAR 52.216-25 Contract Definitization.

FAR 52.217-8 Option to Extend Services FAR 52.217-9 Option to Extend the Term of the Contract FAR 52.219-9 Small Business Subcontracting Plan FAR 52.219-14 Limitations on Subcontracting FAR 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside FAR 52.219-28 Post-Award Small Business Program Representation FAR 52.222-17 Nondisplacement of Qualified Workers FAR 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications FAR 52.227-1 Authorization and Consent FAR 52.232-1 Payments FAR 52.232-18 Availability of Funds FAR 52.232-23 Assignments of Claims FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.233-3 Protest after Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.242-15 Stop-Work Order FAR 52.242-17 Government Delay of Work FAR 52.243-1 Changes – Fixed-Price FAR 52.246-2 Inspection of Supplies – Fixed Price FAR 52.246-15 Certificate of Conformance FAR 52.246-16 Responsibilities for Supplies FAR 52.246-17Warranty of Supplies of a Noncomplex Nature FAR 52.247-34 F.O.B. Destination FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price)(Short Form) FAR 52.249-8 Default (Fixed-Price Supply and Service) FAR 52.250-1 Indemnification Under Public Law 85-804 FAR 52.251-1 Government Supply Sources FAR 52.253-1 Computer Generated Forms FAR 52.223-3 Hazardous Material Identification and Material Safety Data FAR 52.252-6 Authorized Deviations in Clauses FAR 52.203-99 (Deviation) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements VAAR 852.203-70 Commercial Advertising VAAR 852.211-70 Service Data Manuals VAAR 852.211-73 Brand Name or Equal VAAR 852.215-70 Service Disabled Veteran Owned and Veteran Owned Small Business Evaluation Factors VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside VAAR 852.232-72 Electronic Submission of Payments Requests VAAR 852.246-70 Guarantee VAAR 852.246-71 Inspection FAR 52.212-5 “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” (January 2017) the following subparagraphs of FAR 52.212-5 are applicable:

(b)(4), (b)(19), (b)(21), (b)(22), (b)(25), (b)(26), (b)(27), (b)(28), (b)(28)(Alt I), (b)(30), (b)(33)(i), (b)(34), (b)(44), (b)(48), (b)(51) 001AL-11-15-1 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes VAAR 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set Aside (DEC 2009). Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.