Atch 3 Solicitation Provisions and Clauses.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

Attachment 3 W50S9524Q0002

CLAUSES INCORPORATED BY REFERENCE

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CLAUSE TITLE YEAR-

MO

SECTION

252.201-7000 1991-12 SEC G

252.203-7000 2011-09 SEC I

252.203-7002 2022-12 SEC I

252.203-7005

252.204-7003

2022-09

1992-04

SEC K

SEC K

252.204-7004 2023-01 SEC I

252.204-7008 2016-10 SEC K

252.204-7012 2023-01 SEC I

252.204-7015 2023-01 SEC I

252.204-7017 2021-05 SEC K

252.204-7018 2023-01 SEC I

252.204-7024 2023-03 SEC L

252.225-7055 2022-05 SEC K

252.225-7056

252.225-7059

252.225-7060

2023-01

2023-06

2023-06

SEC I

SEC I

SEC I

252.226-7001 2023-01 SEC I

252.232-7003 2018-12 SEC G

252.232-7010 2006-12 SEC I

252.232-7011 2013-05 SEC I

252.237-7010 2023-01 SEC I

252.239-7009 2015-09 SEC K

252.239-7010 2023-01 SEC I

252.239-7017 2022-12 SEC L

252.239-7018 2022-12 SEC I

252.243-7002 2022-12 SEC I

252.244-7000

252.245-7003 252.245-7005

2023-11 SEC I

52.201-1 2023-09 SEC L

52.203-3 1984-04 SEC I

52.204-13 2018-10 SEC I

52.204-16 2020-08 SEC L

52.204-18 2020-08 SEC I

52.204-29 2023-12 SEC K

Contracting Officer's Representative.

Requirements Relating to Compensation of Former DoD

Officials.

Requirement to Inform Employees of Whistleblower Rights. Representation Relating to Compensation of

Former DoD Officials.

Control of Government Personnel Work Product.

Antiterrorism Awareness Training for Contractors.

Compliance with Safeguarding Covered Defense Information Controls.

Safeguarding Covered Defense Information and Cyber Incident Reporting.

Notice of Authorized Disclosure of Information for Litigation Support.

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Notice on the Use of the Supplier Performance Risk System.

Representation Regarding Business Operations with the

Maduro Regime.

Prohibition Regarding Business Operations with the Maduro

Regime.

Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region–Representation.

Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region.

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Electronic Submission of Payment Requests and Receiving

Reports.

Levies on Contract Payments.

Payments in Support of Emergencies and Contingency Operations.

Prohibition on Interrogation of Detainees by Contractor Personnel.

Representation of Use of Cloud Computing.

Cloud Computing Services.

Notice of Supply Chain Risk.

Supply Chain Risk.

Requests for Equitable Adjustment.

Subcontracts for Commercial Products or Commercial

Services.

Contractor Property Management System Administration.

Management and Reporting of Government Property.

Acquisition 360: Voluntary Survey.

Gratuities.

System for Award Management Maintenance.

Commercial and Government Entity Code Reporting.

Commercial and Government Entity Code Maintenance.

Federal Acquisition Supply Chain Security Act Orders-

Representation and Disclosures.

2023-01

2012-04 2024-01

SEC I

SEC I

2023-11 SEC I

52.223-5

52.237-1 52.237-2

52.232-39 52.245-1 52.245-9

2011-05

1984-04 1984-04

2013-06 2021-09 2012-04

SEC I

SEC I

SEC I

SEC I

SEC I

SEC I

System for Award Management.

Instructions to Offerors-Commercial Products and

Commercial Services.

Contract Terms and Conditions-Commercial

Products and Commercial Services.

Pollution Prevention and Right-to-Know Information.

Site Visit.

Protection of Government Buildings, Equipment, and Vegetation.

Unenforceability of Unauthorized Obligations

Government Property Use and Charges

CLAUSES IN FULL TEXT

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CLAUSE TITLE

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CLAUSE TEXT

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

The provision at 52.212-1 is tailored as follows:

Insert the following paragraph (12) after existing paragraph (b)(11):

“(12) Quotation Submission Instructions

(i) Quotation Compliance. The Government must have received from the offeror a fully compliant quotation. The quotation is compliant when it conforms to all the requirements, terms, and conditions of the solicitation, including the Performance Work Statement (PWS).

(ii) Quotation Retention. In accordance with FAR Subpart 4.8, Government Contract Files, the

Government will retain one copy of all unsuccessful quotations.

(iii) Optional Proprietary and Restrictive Markings

A. Mark the title page with the following legend:

“This quotation includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this quotation. If, however, a contract is awarded to this offeror as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [offeror shall insert numbers or other identification of sheets]”

B. Mark each sheet of data it wishes to restrict with the following legend:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quotation.”

(iv) Quotation Format

A. This section provides guidance to the offeror for preparing a quotation in response to the solicitation. The offeror’s quotation shall include all data and information required by this

52.212-4

52.204-7

52.212-1

2018-10 SEC L

2023-09 SEC L

solicitation and submitted in accordance with these instructions. Any contract resulting from this effort shall be required to meet United States Government regulations and statutory requirements. In addition, the offeror is expected to ensure compliance with all laws, regulations, standards, and any other constraints specifically identified in the solicitation.

B. The quotation submitted in response to the solicitation shall be formatted as stated below and furnished as stated herein.

1. The acceptable electronic formats for quotations shall be compatible with MS Office 2013, specifically MS Word and MS Excel; PDF format is acceptable for the technical quotation and price narrative. The price quotation must be in MS Excel format.

2. Minimum type size shall be 12-point Times New Roman standard font with single spacing (not to exceed 46 lines per page). Typesetting, font compression, or other techniques to reduce character size or spacing are not permitted and are considered a deliberate attempt to circumvent the page limitations. Prohibited techniques include setting the paragraph line spacing, a feature of MS Word, “exactly at 12 point.”

3. All quotation volumes shall be labeled with the solicitation number as well as the name, address, and telephone number of the Offeror.

4. All volumes shall be electronic files and not be password protected.

C. Offerors shall scan all files for computer viruses prior to submission to the Government.

D. Quotations may not include classified information. All quotations shall be at the

UNCLASSIFIED level. Every submission must be properly identified and marked with the proper security classification.

(v) Quotation Content and Organization

A. The offeror shall prepare the quotation as set forth in Table 1, Quotation Organization

Table and Table 2, Quotation File Name Matrix. The completion and submission to the

Government of documents identified in Table 1, Quotation Organization Table, shall constitute an offer and shall indicate the offeror’s unconditional consent to the terms and conditions of the solicitation.

B. The quotation shall not contain citations for, or active links to live Internet sites or pages.

All linked information shall be contained within the electronic quotation. Any linked information that is not contained in the quotation will not be accepted.

C. Each volume shall be written or presented on a standalone basis. Information required for quotation evaluation that is not found in its designated volume or presentation will be assumed to have been omitted from the quotation and will not be considered.

D. Pages that exceed the required page limitations set forth in Table 1, Quotation

Organization Table, will not be evaluated by the Government. A cover page, table of contents, and acronym list shall be included in each volume and will not be included in any applicable page limits.

TABLE 1. QUOTATION ORGANIZATION

Volume Section Title Copies Page Limit

1 Quotation Summary 1 – electronic Unlimited

2 Factor 1: Price 1 – electronic Unlimited

Factor 2: Technical Capability 1 - electronic 9 pages

4 Factor 3: Past Performance 1 – electronic

Up to 1 page per reference;

not to exceed 5 pages.

(Past performance, PWS, and SOWs do not count towards the page limit)

5 Organizational Conflicts of Interest (OCI) 1 – electronic Unlimited

E. All electronic files must be submitted using the file names in Table 2, Quotation File

Name Matrix, below.

TABLE 2. QUOTATION FILE NAMING CONVENTIONS

Volume Volume Name File Name Contents

1 Quotation Summary (Offeror Name) – Quotation

Summary.docx

Offeror’s Quotation

Summary

2 Price Quotation (Offeror Name) – Price

Narrative.docx

Offeror’s Price Narrative

(Offeror Name) – Price

Quotation.xlsx

Offeror’s Price

Quotation

Spreadsheet

3 Technical Capability (Offeror Name) – Technical

Capability.docx

Offeror’s Technical

Capability

4 Past Performance (Offeror Name) – Past

Performance.docx

Offeror’s Past

Performance

Organizational Conflicts of

Interest (OCI)

(Offeror Name) – OCI.docx Offeror’s OCI Disclosure

(vi) Quotation Documents

A. Quotations shall be clear and concise and include sufficient detail for effective evaluation. The offeror shall not simply rephrase or restate the Government’s requirements but shall provide convincing rationale to address how the offeror intends to meet those requirements. The offeror should assume the Government has no prior knowledge of its capabilities and experience. The Government will base its evaluation on the information presented in the offeror’s quotation in response to this solicitation, except as stated in the past performance evaluation section.

B. Quotations shall be structured in accordance with the Contract Line Item Number (CLIN) structure set forth in the solicitation.

C. QUOTATION SUMMARY, Volume 1, shall include:

• Solicitation Number

• Date submitted

• Offeror’s name

• Offeror’s address, CAGE code, and UEIDs

• Offeror contact information for quotation POC(s)

• All quoted subcontractor(s) (as applicable)

• Address, CAGE code, and UEIDs for each quoted subcontractor

• Quotation Acceptance Period

• OCI Plan or negative affirmation

1. Signature Actions/offeror Fill-Ins. Offerors shall submit a copy of all completed fill-ins for provisions and clauses requiring contractor provided information, and (if applicable) a signed copy of all amendments to the solicitation. System for Award

Management (SAM) certifications need not be separately submitted; however, all offerors must be successfully registered and valid in SAM prior to award.

2. Where certifications and approved systems are required for an offeror, if the quotation is being submitted by a Joint Venture, certifications and approved systems for the principals (partners) of the joint venture will be considered as valid for that offeror providing the necessary documentation from all principals (partners) is provided with the quotation.

3. Joint Venture (JV): To be recognized as a JV and eligible for award, the membership arrangements of the JV must be identified and the company relationships fully disclosed in the offeror's quotation IAW FAR 9.603. A copy of the agreement establishing the JV must contain the signatures of all the members comprising the JV.

4. Statement of Acknowledgement. A statement specifying the extent of agreement with all terms, conditions, and provisions of the RFP, and a statement of agreement to furnish and deliver the supplies or perform services set forth in the RFP in consideration for offeror’s quoted price(s) set opposite each supply. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the Contracting Officer to reject the quotation from further consideration in the source selection process.

5. Assumptions. The offeror shall consolidate and identify all offeror's generated

"assumptions" contained anywhere in the quotation. Also, the offeror shall include a statement that none of the "assumptions" contradict or take exception to any terms, conditions, or requirements of the solicitation. Any exceptions taken to the attachments, exhibits, enclosures, or other solicitation terms, conditions, or documents may be grounds for the KO to reject the quotation from further consideration in the source selection process.

D. PRICE, Volume 2, shall include:

1. Price Quotation Format.

i. Electronic spreadsheet files (Workbooks) shall be sent in MS Excel 2013 compatible format, and include all formulas, functions, macros, computations, or equations used to compute the quoted amounts. There can be no cell references to data or files which are not included in the

Price Volume. For each Workbook, all Rows, Columns, Cells and

Worksheets must be Visible (object.Visible=True). Zero height/Zero width rows/columns in Worksheets are not acceptable. Worksheet cells formatted with the Font color equal to the Fill color are unacceptable.

Workbooks or Worksheets shall not be password protected. Print image files or pictures (for example a picture of an Excel spreadsheet embedded in a word document) or files containing only values are not acceptable.

ii. Supporting narrative, including Basis of Estimate (BOE) sheets, shall be provided in files that are MS Excel 2013 or MS Word 2013 compatible.

BOEs may not be submitted as pictures. Text or spreadsheets used as supporting rationale within a BOE may not be included as a picture.

iii. Under no circumstances is price information and documentation to be included elsewhere in the quotation.

2. The price quotation shall contain:

i. The offeror shall submit data substantiating the price quoted to complete the requirements identified in the solicitation. The offeror’s price quotation shall contain sufficient factual information to establish that the quoted price is reasonable and complete. The offeror shall submit a narrative BOE to substantiate the price quotation.

ii. The offeror shall provide the total price for each CLIN in the solicitation.

The offeror shall identify hours and fully burdened rates for all labor categories. The quotation shall identify all price elements including direct labor and other direct costs broken out by indirect rate. The offeror shall provide a basis for any quoted labor escalation, including an explanation of how it was applied in this offer.

iii. Subcontractor Price Submission. Subcontractor price quotation information should be submitted and included as part of the prime offeror’s quotation submission. If a subcontractor declines to provide complete price quotation to the offeror, that subcontractor’s quotation information may be submitted by the subcontractor directly to the

Government using the same submission instructions noted above. Such submissions shall arrive at or prior to the due date for quotations/quotes noted on the front page of this solicitation.

iv. In accordance with FAR 13.106-3(a), in addition to the information requested above, the Government reserves the right to request additional or more detailed information to support its evaluation of price reasonableness.

E. TECHNICAL CAPABILITY, Volume 3, shall include:

1. The Technical Capability section of the quotation shall present relevant information articulating the offeror’s quoted approach to meeting the PWS requirements. This section shall clearly demonstrate the offeror’s understanding by providing a clear description of the quoted approach to performing the work. The offeror’s description should include a clear description of all processes and procedures employed. Offerors shall provide relevant experience (for this purpose, experience refers to what an offeror has done, not how well it was accomplished) in performing quoted processes and procedures. This section shall not include any pricing data. The offeror’s quotation information will be evaluated to assess the risk that the offeror will timely meet contract requirements.

2. Sub-factor 1: Implementation Plan. Offerors shall describe, in detail, how they will implement the Installation Notification and Warning System in accordance with the

PWS.

3. Sub-factor 2: Property Management Plan. Offerors shall describe their system of internal controls to adequately manage Government property furnished under this contract in accordance with contract clause 52.245-1.

F. PAST PERFORMANCE, Volume 4, shall include:

1. The offeror shall submit information for a total of up to three years (no more than 5) of recent contract past performance references that were performed by the offeror as the prime contractor, which the offeror considers relevant. These may include foreign, federal, state, local and private industry contracts.

i. While the Government may elect to consider data obtained from internal and external sources other than the quotation, the burden of providing thorough and complete past performance information remains with the offeror. It is the offeror's responsibility to submit detailed and complete information so the Government may evaluate its Past Performance.

2. The Government does not assume the duty to search for data to cure problems it finds in quotations.

3. The below instructions are provided to advise offerors as to the information required by the Government to assess the contractor's Recent and Relevant past performance.

Since this information constitutes a basis of the Government's review, it is imperative that the offeror present its past performance in a clear and complete manner.

i. Failure to provide the information requested below may result in an assessment that the offeror does not possess a record of Recent and Relevant past performance.

ii. Recent contracts are those performed within three years of the date of issuance of this solicitation.

iii. Relevant contracts are those comparable in scope and magnitude of effort and complexity to the PWS requirement(s).

iv. At least one of the past performance references that the offeror submits shall include recent and relevant performance of the same or similar requirements as those described in PWS section 5.3.

4. Contract Information: The offeror's quotation shall substantiate what distinct effort was required and performed under each of the contract(s) included in the quotation.

i. For each Contract(s) submitted, provide the following information:

• Prime Contractor name and address;

• Contract Number (and delivery/contract number if applicable);

• Contract Type;

• Total Value of the Contract (beginning & ending value);

• Delivery or Performance Schedule;

• Contract period of performance;

• Government or private industry contracting activity address, telephone number and e-mail;

• Procuring Contracting Officers (PCO) and/or Contract Specialist's name, or point of contact for private industry entity responsible for signing or administering the Contract, telephone number and e-mail;

• Government (DCMA) or private industry administrative contracting officer (ACO), contracting officer’s representative (COR), performance certifier, and/or quality assurance representative

(QAR), name, telephone number and email;

• Specify the Government or Contractor Point(s) of Contact for which the Questionnaire was sent, and provide the date(s) it was sent;

ii. Provide a description of the work performed by the offeror, which shall include a narrative describing the similarities between (1) the relevant work performed under the PWS requirements of the offeror's cited contract(s) and (2) the PWS requirements identified in paragraph 5.3. In its narrative, the offeror shall specify the location in the cited contract

PWS (to include paragraph and page number) that substantiates the relevant work performed.

iii. Provide a brief self-assessment of contract performance.

iv. Provide a copy of the complete performance work statement (PWS) or statement of work (SOW) for each of the submitted contracts.

v. If the quoted Contract was issued under or in connection with a related written instrument (e.g. IDIQ, BOA, BPA, FSS) and the details of the distinct effort actually performed needed to establish relevancy on the quoted contract are further defined within the terms and conditions (e.g.

statement of work) of that related written instrument, provide that information and any other information necessary to establish this instrument's relationship to the quoted contract. (These documents can be submitted as stand-alone attachments with the quotation).

vi. The offeror may also be evaluated based on other internal Government or private source information. The Government may utilize the Contract

Performance and Rating System (CPARS) to search for recent and relevant offeror performance and ratings.

5. The Government will conduct an in-depth evaluation of all recent performance information to determine how closely the services performed under those contracts relate to the management and technical requirement(s). Consideration will be given to similar service, similar complexity of the effort, breadth and depth of skills, similar contract scope and type, and schedule. In addition, consideration will be given to any quality awards or certifications that indicate the offeror has a high-quality process for developing and producing the services required by this acquisition.

6. The offeror may provide a copy of its most recent CPARS evaluation, if applicable, showing the overall rating(s) for each of the past performance references provided in the quotation.

7. Past Performance Questionnaire. A past performance questionnaire is provided in

Attachment X. For each contract submitted by the offeror, the offeror shall send a copy of the past performance questionnaire directly to the appropriate [Government] contracting activity and technical representative responsible for the past/current contract. The offeror shall request that these individuals complete the questionnaire and forward it electronically directly to the Government at (badri.francis.1@us.af.mil and devin.kimsey.1@us.af.mil) as soon as possible and prior to the solicitation closing date with the subject heading “PAST PERFORMANCE INFORMATION

FOR [Solicitation number] [Offeror name].”

G. ORGANIZATIONAL CONFLICTS OF INTEREST, Volume 5:

1. The provisions of FAR 9.5, OCI, apply to any award under this solicitation. Potential offerors should review their current and planned participation in any other

Government contracts, subcontracts, consulting, or teaming arrangements where they may be in a position of actual or perceived bias or unfair competitive advantage. A common example with the potential for OCI is where an entity performs work both as a system contractor/subcontractor and as a Government support contractor for

Government offices involved in supporting program efforts or related programs.

2. All offerors shall make a preliminary disclosure to the PCO, at the time of its quotation, of any Organizational Conflict of Interest (OCI) issues it has identified or provide an affirmative statement that the offeror does not have an Organizational

Conflict of Interest (OCI) as it applies to this solicitation.

i. An offeror failing to submit an OCI plan that it is later determined should have been submitted, could cause the quotation to be rejected and no mailto:badri.francis.1@us.af.mil)and mailto:devin.kimsey.1@us.af.mil longer be considered for award. Offerors shall include in its plan where its employees are located and the total of employees in the location(s).

3. Offerors should disclose any potential OCI situations to the PCO as soon as identified including prior to quotation submission. The disclosure should include the facts and an analysis of the actual or perceived conflict and a recommended approach(s) to neutralize or mitigate the potential conflict. The preferred approach to potential conflicts is to negate/obviate the conflict. Mitigation is considered only if it is not practical to negate/obviate the conflict. The PCO will promptly respond to resolve any potential conflicts.”

Replace existing paragraph (c) with the following paragraph:

“(c) Period for acceptance of offers. The contractor shall make a clear statement in the quotation as to the expiration date of the quotation and the stated expiration date shall be valid for all quoted subcontractors as well. The contractor shall specify a quotation acceptance period in the Quotation Summary of not less than 90 days from the date of the solicitation closing. This date may be extended by mutual agreement.”

Replace existing paragraph (e) with the following paragraph:

“(e) Offerors are limited to submitting one quotation with one approach to meeting all the requirements of this solicitation. Quotations that contain alternative terms and conditions will be considered as taking exception to the requirements of the solicitation.”

(End of addendum)

52.212-2 Evaluation—Commercial Products and Commercial Services. 2021-11

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

A. Price

1. Evaluation of Price:

i. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3 or 15.404-1(b). Through these techniques the

Government will determine whether prices are reasonable and complete.

ii. Reasonableness. The Government will evaluate the price reasonableness of the offerors' quoted prices to ensure that in its nature and amount, it does not exceed what would be incurred by a prudent person in the conduct of competitive business. The Government shall employ price analysis techniques in accordance with FAR 13.106-3 or 15.404-1(b) to determine that a quoted price is fair and reasonable.

iii. Completeness. The Government reserves the right to conduct discussions with offerors, but discussions are not anticipated or intended. Since discussions are not anticipated or intended, the Government requires complete quotations/quotes with respect to price. A complete quotation will include all information required by this solicitation.

iv. Quotes with unreasonable or incomplete prices will not be further considered for award. Of those quotes with prices which are reasonable and complete, quotes with lower total prices will be considered more advantageous.

B. Technical Capability

1. Evaluation of Technical Capability

i. Evaluation of this factor will assess the offeror's quoted approach and understanding of the requirements and risk of unsuccessful performance of the quoted approach in accordance with PWS paragraphs 3 and 4, including assessment of the offeror's Implementation and Property Managment Plans.

Approaches demonstrating a greater understanding of the requirement and lower risk of unsuccessful performance will be considered more advantageous.

C. Past Performance

1. Evaluation of Past Performance:

i. The evaluation of this factor will assess the risk of unsuccessful performance of the offeror’s quoted approach to performing efforts of a similar scope, magnitude, and complexity as the requirement described in the PWS.

ii. The Government will evaluate the offeror’s past performance to determine the likelihood that the offeror will successfully perform the required effort described in the PWS.

iii. Contracts submitted in the Past Performance section of the offeror's quotation will not be considered if the Government determines them to be not recent, not relevant, or lacking any credible past performance information. If the offeror does not have a record of Recent and Relevant past performance information the offeror will be rated as "Neutral,” which is neither favorable nor unfavorable.

iv. The offeror may also be evaluated on past contract performance information utilizing internal Government or private source information and the Government reserves the right to use any information received as part of its evaluation. The Government may contact any of the references the offeror provides and reserves the right to use any information received as part of its evaluation.

v. In evaluating the offeror's performance history, the Government may compare the offeror's deliveries or performance to the contract's original delivery or performance schedule, unless the delay was Government-caused.

Schedule extensions that were the fault of the offeror, even if consideration was provided, may be counted against the offeror.

vi. Offerors demonstrating high quality recent and relevant past performance present a lower risk of unsuccessful performance and will be considered more advantageous.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

252.204-7016 Covered Defense Telecommunications Equipment or Services— Representation.

2019-12

As prescribed in 204.2105 (a), use the following provision:

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) 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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

(End of provision)

252.215-7008 Only One Offer. 2022-12

As prescribed at 215.408 (3), use the following provision:

ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to—

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010 , Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4 (c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable.

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision) https://www.acquisition.gov/dfars/part-215-contracting-negotiation#DFARS_215.408 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.215-7010 https://www.acquisition.gov/dfars/part-225-foreign-acquisition#DFARS_225.870-4

252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause-Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically processElectronic invoicing.

vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall-WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-WAWF training.

Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry,WAWF methods of document submission.

Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information whenWAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the followingDocument type.

document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

_N/A_

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

__Invoice 2-in-1__

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data TableDocument routing.

below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC __F87700__

Issue By DoDAAC __W50S95__

Admin DoDAAC __W50S95__

Inspect By DoDAAC __F7W3CM__

Ship To Code __F7W3CM__

Ship From Code __Not applicable.__

Mark For Code __Not applicable.__

Service Approver (DoDAAC) __F7W3CM__

Service Acceptor (DoDAAC) __F7W3CM__

Accept at Other DoDAAC __Not applicable.__

LPO DoDAAC __Not applicable.__

DCAA Auditor DoDAAC __Not applicable.__

Other DoDAAC(s) __Not applicable.__

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentationPayment request.

appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirementsReceiving report.

of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

MSgt Devin Kimsey, devin.kimsey.1@us.af.mil, (803)647-8255

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.247-7023 Transportation of Supplies by Sea. 2023-01

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (JAN 2023)

(a) As used in this clause-Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities;

ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Other than commercial products; or

(B) Commercial products that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b.

destination shipment);

(2) Are shipped in direct support of military contingency operations,U.S.

exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) . In the award of subcontracts, for the types of supplies described in paragraph (b)Subcontracts

(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Representation Regarding Certain Telecommunications and

52.204-24 Video Surveillance Services or Equipment. 2021-11

As prescribed in , insert the following provision:4.2105(a)

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.

As used in this provision-(a) Definitions.

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

.(b) Prohibition

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

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

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

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

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

Cover telecommunications equipment that cannot route or redirect user data traffic or cannot(ii) permit…