4.01-4.02 N0060426Q4012_Att3_FAR_DFARS.pdf

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Attached to
O2X HUMAN PERFORMANCE TRAINING SERVICES
Solicitation number
N0060426Q4012-O2X
Issued by

About this file

This document is a clauses and representations file for federal contract N0060426Q4012, containing incorporated-by-reference provisions and full-text clauses applicable to the contract award.

The document lists over 50 Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses organized by contract section, including mandatory compliance requirements related to compensation of former DoD officials, whistleblower protections, export controls, prohibited procurements from the Xinjiang Uyghur Autonomous Region, business operations restrictions regarding the Maduro regime, payment methods, detainee interrogation prohibitions, and transportation requirements. Key representations and certifications clauses address delinquent tax liability and felony convictions (52.209-11), requiring corporations to certify they have no assessed unpaid Federal tax liabilities or felony convictions within the preceding 24 months. The postaward small business program rerepresentation clause (52.219-28) requires contractors to update their size and socioeconomic status representations at specified intervals, including within 30 days of novation agreements or mergers/acquisitions, and 60-120 days prior to the end of the fifth contract year for long-term contracts. Additionally, the document incorporates multiple clauses addressing equal employment opportunity, sustainable products, text messaging while driving policies, trafficking in persons prevention, and contractor payment procedures. Many clauses are marked as deviations from standard FAR/DFARS language, indicated by "(DEVIATION)" designations with effective dates ranging from 2006 to 2026.

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DOCUMENT NUMBER

N0060426Q4012

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

252.203-7000 2011-09 SEC I

252.203-7002 2022-12 SEC I

252.203-7005 2022-09 SEC K

252.225-7048 2013-06 SEC I

252.225-7059 2023-06 SEC K

252.225-7060

Requirements Relating to Compensation of Former DoD Officials.

Requirement to Inform Employees of Whistleblower Rights.

Representation Relating to Compensation of Former DoD

Officials.

Export-Controlled Items. (Deviation) Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region–Representation. (Deviation) Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region. (Deviation) 2023-06 SEC I

252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05 SEC K

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.

2018-05 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01 SEC I

252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation.

2017-01 SEC L

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

2017-01 SEC I

52.204-13 System for Award Management-Maintenance. (Deviation) 2026-02 SEC I 52.204-7 System for Award Management-Registration. (Deviation) 2026-02 SEC L

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation)

2026-02 SEC I

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation)

2026-02 SEC I

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation)

2026-02 SEC L

52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation)

2026-02 SEC I

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation) 2026-02 SEC I

52.222-50 2026-02 SEC I

52.223-23 2026-02 SEC I

52.223-5 2024-05 SEC I

52.226-8 2024-05 SEC I

52.232-36 2026-02 SEC I

Combating Trafficking in Persons. (Deviation) Sustainable Products. (Deviation)

Pollution Prevention and Right-to-Know Information.

Encouraging Contractor Policies to Ban Text Messaging While

Driving.

Payment by Third Party. (Deviation)

Providing Accelerated Payments to Small Business Subcontractors.52.232-40 2023-03 SEC I

52.233-3 2026-02 SEC I

52.233-4 2026-02 SEC I

52.240-90 2026-02 SEC K

52.240-91 2026-02 SEC I

252.225-7012 2022-04 SEC I

52.204-10 2026-02 SEC I

52.204-19 2014-12 SEC I

52.222-3 2026-02 SEC I

52.222-19 2026-02 SEC I

52.232-39

Protest after Award. (Deviation) Applicable Law for Breach of Contract Claim. (Deviation) Security Prohibitions and Exclusions Representations and

Certifications. (Deviation) Security Prohibitions and Exclusions. (Deviation)

Preference for Certain Domestic Commodities. (Deviation) Reporting Executive Compensation and First-Tier Subcontract

Awards. (Deviation) Incorporation by Reference of Representations and

Certifications.

Convict Labor. (Deviation)

Child Labor-Cooperation with Authorities and Remedies.

(Deviation)

Unenforceability of Unauthorized Obligations. 2013-06 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO

CLAUSE TITLE ALT NO/

DEV NO

YEAR-

MO

CLAUSE TEXT

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(Deviation) 2026-02

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2026) (DEVIATION)

(a) The Government will not enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.219-28 Postaward Small Business Program Rerepresentation. (Deviation) 2026-02

Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation)

(a) . As used in this clause-Definitions

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.

(2) , as used in this definition, means business concerns, one of whom directly or indirectlyAffiliates controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.____ ____

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g) .] The Contractor represents that it(1) of this clause is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1001

(3) . TheWomen-owned small business (WOSB) joint venture eligible under the WOSB Program Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) . TheEconomically disadvantaged women-owned small business (EDWOSB) joint venture Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the . The Contractor represents that itSDVOSB Program is, is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: __.]

(6) [ HUBZone joint venture eligible under the HUBZone Program. Complete only if the offeror is a ] The offeror represents, as part of its offer, that ItHUBZone small business concern.

is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint ____ venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign and date and insert authorized signer's name ____ and title.]

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02

Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov/ [Insert one or more Internet addresses](End of provision)

52.252-2 Clauses Incorporated by Reference. 1998-02

Clauses Incorporated By Reference (FEB 1998)

This contract 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 a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/ ____ ____[Insert one or more Internet addresses]

(End of clause)

52.252-5 Authorized Deviations in Provisions. 2020-11

Authorized Deviations in Provisions (Nov 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 Authorized Deviations in Clauses. 2020-11

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

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