Attach 2 - Provisions and Clauses.pdf

DOCUMENT NUMBER FA251723Q0002

CLAUSES INCORPORATED BY REFERENCE

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SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09 SEC K

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC L

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2019-12 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2016-05 SEC I

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

2021-05 SEC K

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

2021-01 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I

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.

2022-05 SEC I

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

2018-12 SEC G

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

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

2022-12 SEC I

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

2013-06 SEC I

252.244-7000 Subcontracts for Commercial Items. 2022-12 SEC I

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

2017-01 SEC I

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

2020-06 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

2021-11 SEC I

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

2021-11 SEC I

52.204-7 System for Award Management. 2018-10 SEC K

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

2021-11 SEC I

52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I

52.222-26 Equal Opportunity. 2016-09 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I 52.222-41 Service Contract Labor Standards. 2018-08 SEC I 52.222-50 Combating Trafficking in Persons. 2021-11 SEC I

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

2022-01 SEC I

52.222-62 Paid Sick Leave Under Executive Order 13706. 2022-01 SEC I

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

2020-06 SEC I

52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.225-1 Buy American-Supplies 2022-10 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2021-11 SEC I

52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.242-15 Stop-Work Order. 1989-08 SEC F

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.

2022-12 SEC I

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12 SEC I

52.223-5 ALT I Pollution Prevention and Right-to-Know Information.

(Alternate I)

2011-05 SEC I

52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.233-3 ALT I Protest after Award. (Alternate I) 1985-06 SEC I

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

1984-04 SEC I

52.243-1 Changes-Fixed-Price. 1987-08 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2022-03 SEC I 252.204-7021 Cybersecurity Maturity Model Certification Requirement. 2020-11 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TEXT

52.232-1 Payments. 1984-04

As prescribed in , insert the following clause, appropriately modified with respect to 32.111(a)(1) payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

Payments (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

The amount due on the deliveries warrants it; or(a)

The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent(b) of the total contract price.

(End of clause)

52.232-8 Discounts for Prompt Payment. 2002-02

As prescribed in , insert the following clause:32.111(b)(1)

Discounts for Prompt Payment (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any(a) offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the(b) date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.232-11 Extras. 1984-04

As prescribed in , insert the following clause, appropriately modified with respect to 32.111(c)(2) payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:

Extras (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

(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

(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 item financing, submit a commercial item financing request.

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

(f) [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 F03000

Issue By DoDAAC FA2517

Admin DoDAAC FA2517

Inspect By DoDAAC F3L3DA

Ship To Code F3L3DA

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) F3L3DA

Service Acceptor (DoDAAC) F3L3DA

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation 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) Receiving report. The Contractor shall ensure a receiving report meets the requirements 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.

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

(End of clause)

252.232-7007 Limitation of Government's Obligation. 2014-04

As prescribed in 232.706-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally [Contracting Officer insert after negotiations] funded. For this/these item(s), the sum of $ of the total [Contracting Officer insert after negotiations] price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state

(1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item

(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and

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(1) 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-

Prohibit the head of an executive agency from procuring with an entity to provide a(i) service that 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(ii) cannot 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(2) 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-

Prohibit the head of an executive agency from procuring with an entity to provide a(i) service that 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(ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

The Offeror represents that-(d) Representation.

It(1) will, will not provide covered telecommunications 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

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

It does, does not use covered telecommunications 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. Disclosure for the representation in paragraph (d)(1) of this provision. If the(1) 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:

For covered equipment-(i)

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

A description of all covered telecommunications equipment offered (include brand;(B) model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

Explanation of the proposed use of covered telecommunications equipment and any(C) factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

For covered services-(ii)

If the service is related to item maintenance: A description of all covered(A) 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

If not associated with maintenance, the Product Service Code (PSC) of the service(B) 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.

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

For covered equipment-(i)

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

A description of all covered telecommunications equipment offered (include brand;(B) model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

Explanation of the proposed use of covered telecommunications equipment and any(C) factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

For covered services-(ii)

If the service is related to item maintenance: A description of all covered(A) 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

If not associated with maintenance, the PSC of the service being provided; and(B) 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)

52.217-8 Option to Extend Services. 1999-11

As prescribed in , insert a clause substantially the same as the following:17.208(f)

Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation. 2022-10

As prescribed in , insert the following clause:19.309(c)(1)

Post-Award Small Business Program Rerepresentation (Oct 2022)

. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. Long-term contract 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 (d) of this clause.

, as used in this definition, means business concerns, one of whom directly or(2) Affiliates indirectly 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.

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

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

Within 30 days after a merger or acquisition that does not require a novation or within 30(2) 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.

For long-term contracts-(3)

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

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

If the Contractor represented that it was any of the small business concerns identified in 19.000(c) (a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

The Contractor shall rerepresent its size status in accordance with the size standard in effect at(d) 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.

The small business size standard for a Contractor providing an end item that it does not(e) manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition-

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

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

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

Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(f)

(s) required by paragraph (b) and (c) 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 office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

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

If the Contractor does not have representations and certifications in SAM, or does not have a(h) 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 811310 assigned to contract number

FA251723Q0002.

[ (2) Complete only if the Contractor represented itself as a small business concern in

.] The Contractor represents that itparagraph (h)(1) of this clause is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002

[ (3) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that itparagraph (h)(1) of this clause.

is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program.

The 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) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The 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: ____

[ (6) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that itparagraph (h)(1) of this clause.

is, is not a veteran-owned small business concern.

[ (7) Complete only if the Contractor represented itself as a veteran-owned small business ] The Contractor represents that itconcern in paragraph (h)(6) of this clause.

is, is not a service-disabled veteran-owned small business concern.

[ (8) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that-paragraph (h)(1) of this clause.

It(i) is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

It(ii) is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the ____ HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[ ] Contractor to sign and date and insert authorized signer's name and title.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05

As prescribed in , insert the following clause:22.1006(b)

Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies the classes of service employees expected to be 29 CFR Part 4 employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

(End of clause)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals-Representation.

2016-12

As prescribed in , insert the following provision:23.804(b)

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (DEC 2016)

This representation shall be completed if the Offeror received $7.5 million or more in Federal(a) contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]

The Offeror (itself or through its immediate owner or highest-level owner)(1) does, does not publicly disclose greenhouse gas emissions, , make available on a publicly accessible i.e.

website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

The Offeror (itself or through its immediate owner or highest-level owner)(2) does, does not publicly disclose a quantitative greenhouse gas emissions reduction goal, , make available i.e.

on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

A publicly accessible website includes the Offeror's own website or a recognized, third-(3) party greenhouse gas emissions reporting program.

If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the(c) Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: .____

(End of provision)

52.217-9 Option to Extend the Term of the Contract. 2000-03

As prescribed in , insert a clause substantially the same as the following:17.208(g)

Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

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

Commercial Services.

2022-12

As prescribed in , insert the following clause:12.301(b)(4)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2022)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR)(a) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or(1) Statements (section 743 of Division E, Title VII, of the Consolidated and Further Continuing (JAN 2017) Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or(2) Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video(3) Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(NOV 2021)

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)

52.233-3, Protest After Award (31 U.S.C. 3553).(5) (AUG 1996)

52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77(6) (OCT 2004) and 108-78 ( 19 U.S.C. 3805 note)).

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting(b) Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government with (1) (JUN 2020), Alternate I (41 U.S.C. 4704 and (NOV 2021) 10 U.S.C. 4655).

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

[Reserved].(5)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of(6) (OCT 2016) Div. C).

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (7) (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,(8) Suspended, or Proposed for Debarment. (31 U.S.C. 6101 note).(NOV 2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (9) (OCT 2018) (41 U.S.C. 2313).

[Reserved].(10)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(11) OCT 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ((12) OCT ) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).2022

[Reserved](13)

(14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-6.(ii) (MAR 2020)

(15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-7.(ii) (MAR 2020)

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(16) OCT 2022

X

X

(17) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).(i) OCT 2022

Alternate I of 52.219-9.(ii) (NOV 2016)

Alternate II of 52.219-9.(iii) (NOV 2016)

Alternate III of 52.219-9.(iv) (JUN 2020)

Alternate IV of 52.219-9.(v) (SEP 2021)

(18) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)

Alternate I of 52.219-13.(ii) (MAR 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).(19) OCT 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (SEP 2021)

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( )(21) OCT 2022 (15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(i) OCT 2022 (2)).

Alternate I of 52.219-28.(ii) (MAR 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged(23) Women-Owned Small Business Concerns ( ) (15 U.S.C. 637(m)).OCT 2022

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business(24) Concerns Eligible Under the Women-Owned Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (MAR 2020)

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (SEP 2021)

52.222-3, Convict Labor (E.O.11755).(27) (JUN 2003)

52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (DEC 2022)

52.222-21, Prohibition of Segregated Facilities .(29) (APR 2015)

(30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)

Alternate I of 52.222-26.(ii) (FEB 1999)

(31) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)

Alternate I of 52.222-35.(ii) (JUL 2014)

(32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)

Alternate I of 52.222-36.(ii) (JUL 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (34) (DEC 2010) (E.O. 13496).

(35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O.(i) (NOV 2021) 13627).

Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)

52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not(36) (MAY 2022) applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items(i) (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of(ii) (MAY 2008) commercially available off-the-shelf items.)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons(38) (Jun 2016) (E.O. 13693).

X

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air(39) Conditioners (E.O. 13693).(JUN 2016)

(40) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423(i) (JUN 2014) and 13514).

Alternate I of 52.223-13.(ii) (OCT 2015)

(41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and(i) (JUN 2014) 13514).

Alternate I (Jun2014) of 52.223-14.(ii)

52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)

(43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s(i) (OCT 2015) 13423 and 13514).

Alternate I of 52.223-16.(ii) (JUN 2014)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.(44) (JUN 2020) O. 13513).

52.223-20, Aerosols (E.O. 13693).(45) (JUN 2016)

52.223-21, Foams (Jun2016) (E.O. 13693).(46)

(47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)

Alternate I of 52.224-3.(ii) (JAN 2017)

(48) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)

Alternate I of 52.225-1.(ii) (OCT 2022)

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301(DEC 2022) note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

Alternate II of 52.225-3.(iii) ( 2022)DEC

Alternate III of 52.225-3.(iv) ( 2021)JAN

Alternate IV (Oct 2022) of 52.225-3.(v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (DEC 2022) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and(51) (FEB 2021) statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)(52) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.(54) C. 5150).

52.229-12, Tax on Certain Foreign Procurements .(55) (FEB 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services(56)

(41 U.S.C. 4505, (NOV 2021) 10 U.S.C. 3805).

52.232-30, Installment Payments for Commercial Products and Commercial Services (57) (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (58) (OCT2018) (31 U.S.C. 3332).

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul(59) 2013) (31 U.S.C. 3332).

52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (AUG 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (JAN 2017)

(63) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.(i) (NOV 2021) C. 55305 and 10 U.S.C. 2631).

Alternate I of 52.247-64.(ii) (APR 2003)

Alternate II of 52.247-64.(iii) (NOV 2021)

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to(c) commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.(2) (MAY 2014) C. chapter 67).

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment(3) (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(AUG 2018)

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May(4) 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for(5) Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.

C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for(6) Certain Services-Requirements (41 U.S.C. chapter 67).(MAY 2014)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

X

X

. The Contractor shall comply with the provisions(d) Comptroller General Examination of Record of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

The Comptroller General of the United States, or an authorized representative of the(1) Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

The Contractor shall make available at its offices at all reasonable times the records,(2) materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

As used in this clause, records include books,…