ATTACH_06_23-R-0004_WGR_FrBrk_FY23_Provisions_Clauses.pdf

Provision and Clauses Applicable to this Solicitation in their most current form

52.204-7 System for Award Management

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Govern ment Entity Code Reporting

52.204-17 Ownership or Control of Offeror

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.204-20 Predecessor of Offeror

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

52.204-22 Alternative Line Item Proposal

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

Lab and Other Covered Entities

52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment

FAR 52.204-27, Prohibition on a ByteDance Covered Application, 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

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

Federal Law

52.211-8 Time of Delivery

52.212-1 Instructions to Offerors—Commercial Items

52.212-2 Evaluation—Commercial Items

52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services

(DEVIATION 2023-O0002)

52.212-4 Contract Terms and Conditions—Commercial Items

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items

52.217-5 Evaluation of Options

52.217-7 Option for Increased Quantity-Separately Priced Line Item

52.219-1 (DEVIATION 2023-O0002) Small Business Program Representations--Alternate I

52.219-6 Notice of Total Small Business Set-Aside

52.219-8 Utilization of Small Business Concerns (DEVIATION 2023-O0002)

52.219-28 Post-Award Small Business Program Representation

52.222-3 Convict Labor

52.222-21 Prohibition of Segregated Facilities

52.222-22 Previous Contracts and Compliance Reports

52.222-26 Equal Opportunity

52.222-36 Equal Opportunity for Workers with Disabilities

52.222-41 Service Contract Labor Standards

52.222-42 Statement of Equivalent Rates for Federal Hires

52.222-50 Combating Trafficking in Persons

52.223-5 Pollution Prevention & Right-To-Know Information--Alternate I

52.223-6 Drug-Free Workplace

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation

52.225-13 Restrictions on Certain Foreign Purchases

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran—Representation and Certifications

52.232-1 Payments

52.232-8 Discounts for Prompt Payment

52.232-9 Limitation on Withholding of Payments

52.232-17 Interest

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-1 Disputes

52.233-3 Protest after Award

52.233-4 Applicable Law for Breach of Contract Claim

52.237-1 Site Visit

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.237-3 Continuity of Services

52.242-17 Government Delay of Work

52.243-1 Changes—Fixed Price--Alternate I

52.244-6 Subcontracts for Commercial Items

52.246-4 Inspection of Services—Fixed-Price

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

52.249-8 Default (Fixed-Price Supply and Service)

52.249-14 Excusable Delays

52.252-1 Solicitation Provisions Incorporated by Reference

52.252-2 Clauses Incorporated by Reference

52.252-5 Authorized Deviations in Provisions

52.252-6 Authorized Deviations in Clauses

52.253-1 Computer Generated Forms

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7003 Agency Office of the Inspector General

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7000 Disclosure of Information

252.204-7003 Control of Government Personnel Work Product

252.204-7004 DoD Antiterrorism Awareness Training for Contractors

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

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

252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—

Representation

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

252.204-7024 Notice on the Use of the Supplier Performance Risk System

252.225-7035 Buy American--Free Trade Agreements--Balance of Payments Program Certificate--Alternate III

252.225-7048 Export-Controlled Items

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

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

252.225-7059, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region—

Representation

252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7006 Wide Area WorkFlow Payment Instructions

252.232-7010 Levies on Contract Payments

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

252.239-7001 Information Assurance Contractor Training and Certification

252.243-7001 Pricing of Contract Modifications

252.244-7000 Subcontracts for Commercial Item

FULL TEXT

52.233-2 SERVICE OF PROTEST

a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served https://www.acquisition.gov/far/33.101#FAR_33_101 on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Ms. Johann Paz.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, CLIN 0002 – AREA 4, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 90 DAYS AFTER THE DATE OF CONTRACT AWARD.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.252-1 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):

Acquisition.gov

(End of provision)

52.252-2 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):

Acquisition.gov

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 (DFARS) (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 (DFARS) (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

NGB PIM 2022-02 Section VIII

NG Agency Protest Program is intended to encourage interested Parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum.

Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures.

To be timely, the protests must be filed with the periods specified in FAR 33.103. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below:

National Guard Bureau Office of the Director of Acquisitions/ Head of Contracting Activity

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204

Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See FAR clause 52.233-2.

NG Public-facing, general Protest information is found at:

https://www.nationalguard.mil/Leadership/Joint-Staff/Special-Staff/Director-of-Acquisitions/

Directorate of Acquisitions information for the contracting enterprise is found at https://gko.portal.ng.mil/ngb/STAFF/D01/D01/OI/Protests%20and%20Complaints/Forms/AllItems.

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(End of Provision)

52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989)