Applicable Provisions and Clauses.pdf

Applicable Provisions and Clauses Incorporated by Reference, Unless Noted

Provisions and clauses included by reference. Full text may be found at https://www.acquisition.gov/.

Bold items are full text and may be found on subsequent pages of this document.

52.203‐19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN

2017)

52.204‐7 System for Award Management (OCT 2018)

52.204‐10 Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020)

52.204‐13 System for Award Management Maintenance (OCT 2018)

52.204‐16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204‐17 Ownership or Control of Offeror (AUG 2020)

52.204‐18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204‐20 Predecessor of Offeror (AUG 2020)

52.204‐23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021)

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)

52.204‐25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (NOV 2021)

52.204‐26 Covered Telecommunications Equipment or Services‐‐Representation (OCT 2020)

52.209‐6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

52.209‐10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.211‐6 Brand Name or Equal (AUG 1999)

52.212‐1 Instructions to Offerors—Commercial Products and Commercial Services (NOV 2021)

52.212‐3 Offeror Representations and Certifications—Commercial Products and Commercial Services‐‐

Alternate I (NOV 2021)

52.212‐4 Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2021)

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (MAY 2022)

52.219‐4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021)

52.219‐28 Post‐Award Small Business Program Rerepresentation (SEP 2021)

52.222‐3 Convict Labor (JUNE 2003)

52.222‐19 Child Labor—Cooperation with Authorities and Remedies (DEVIATION 2020‐O0019) (JUL

2020)

52.222‐21 Prohibition of Segregated Facilities (APR 2015)

52.222‐22 Previous Contracts and Compliance Reports (FEB 1999)

52.222‐25 Affirmative Action Compliance (APR 1984)

52.222‐26 Equal Opportunity (SEP 2016)

52.222‐36 Equal Opportunity for Workers with Disabilities (JUN 2020)

52.222‐50 Combating Trafficking in Persons (NOV 2021)

52.223‐18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

52.223‐22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation (DEC

2016)

52.225‐13 Restrictions on Certain Foreign Purchases (FEB 2021)

52.232‐33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

52.232‐39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

52.233‐3 Protest after Award (AUG 1996)

52.233‐4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.252‐5 Authorized Deviations in Provisions (NOV 2020)

52.252‐6 Authorized Deviations in Clauses (NOV 2020)

252.203‐7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

252.203‐7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

252.203‐7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

252.204‐7003 Control of Government Personnel Work Product (APR 1992)

252.204‐7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

252.204‐7016 Covered Defense Telecommunications Equipment or Services‐‐Representation (DEC 2019)

252.204‐7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services‐‐Representation (MAY 2021)

252.204‐7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services (JAN 2021)

252.211‐7003 Item Unique Identification and Valuation (MAR 2022)

252.211‐7008 Use of Government‐Assigned Serial Numbers (SEP 2010)

252.213‐7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past

Performance Evaluations (SEP 2019)

252.223‐7008 Prohibition of Hexavalent Chromium (JUN 2013)

252.225‐7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)

252.225‐7036 Buy American—Free Trade Agreements‐‐Balance of Payments Program‐‐Alternate I (JUN

2022)

252.225‐7048 Export‐Controlled Items (JUNE 2013)

252.225‐7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022)

252.225‐7056 Prohibition Regarding Business Operations with the Maduro Regime (MAY 2022)

252.225‐7972 Prohibition on the Procurement of Foreign‐Made Unmanned Aircraft Systems.

(DEVIATION 2020‐O0015) (MAY 2020)

252.225‐7973 Prohibition on the Procurement of Foreign‐Made Unmanned Aircraft Systems—

Representation. (DEVIATION 2020‐O0015) (MAY 2020)

252.232‐7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

252.232‐7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

252.232‐7010 Levies on Contract Payments (DEC 2006)

252.232‐7017 Accelerating Payments to Small Business Subcontractors‐‐Prohibition on Fees and

Consideration (APR 2020)

252.244‐7000 Subcontracts for Commercial Items (JAN 2021)

252.246‐7008 Sources of Electronic Parts (MAY 2018)

252.247‐7023 Transportation of Supplies by Sea‐‐Basic (FEB 2019)

Provisions and clauses included in full text

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204‐26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212‐3, Offeror Representations and Certifications‐Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204‐26, or in paragraph (v)(2)(ii) of the provision at 52.212‐3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunica ons equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunica ons equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.222‐19 Child Labor—Cooperation with Authorities and Remedies (DEVIATION 2020‐O0019) (JUL

2020)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the

United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222‐18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212‐3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector

General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor.

(The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

52.252‐5 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 (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 Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)