Attachment 0002_Provisions and Clauses (RFO_Aligned) 15Sep2026.pdf

ATTACHMENT 2: SOLICITATION PROVISIONS AND CONTRACT CLAUSES

SOLICITATION NO: PANAPG-26-Q-0UPS

ACQUISITION TYPE: Commercial Products / Commercial Services (RFO FAR Part 12.203 Simplified Procedures) REQUIREMENT: Uninterruptible Power Supply (UPS) Units Maintenance Services

SECTION I: SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

RFO FAR 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 address:

https://www.acquisition.gov.

FAR 52.204-7 – System for Award Management (OCT 2018) FAR 52.204-16 – Commercial and Government Entity Code Reporting (AUG

2020) FAR 52.204-29 – Federal Acquisition Supply Chain Security Act Orders—

Representation and Disclosures (DEC 2023) FAR 52.212-1 -- Instructions to Offerors—Commercial Products and Commercial

Services (DEVIATION) FAR 52.212-2 – Evaluation – Commercial Products and Commercial Services

(DEVIATION

FAR 52.233-2 – Service of Protest (SEP 2006)(DEVIATION) DFARS 252.204-7024 – Notice on the Use of the Supplier Performance Risk

System – SPRS DFARS 252.215-7013 – Supplies and Services Provided by Nontraditional

Defense Contractors (JAN 2023) DFARS 252.225-7031 – Secondary Arab Boycott of Israel (JUN 2005)

SECTION II: CONTRACT CLAUSES INCORPORATED BY REFERENCE

RFO FAR 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 address: https://www.acquisition.gov.

FAR 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (JAN 2017) https://www.acquisition.gov/ https://www.acquisition.gov/

FAR 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2025)

FAR 52.204-13 – System for Award Management Maintenance (OCT 2018) FAR 52.204-18 – Commercial and Government Entity Code Maintenance (AUG

2020) FAR 52.204-30 – Federal Acquisition Supply Chain Security Act Orders—

Prohibition (DEC 2023) FAR 52.209-6 – Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(JAN 2025)

FAR 52.209-10 – Prohibition on Contracting with Inverted Domestic Corporations

(NOV 2015)

FAR 52.222-3 – Convict Labor (JUN 2003) FAR 52.222-36 – Equal Opportunity for Workers with Disabilities (JUN 2020) FAR 52.222-50 – Combating Trafficking in Persons (NOV 2021) FAR 52.223-23 – Sustainable Products and Services (MAY 2024) FAR 52.226-8 – Encouraging Contractor Policies to Ban Text Messaging While

Driving (MAY 2024) FAR 52.232-33 – Payment by Electronic Funds Transfer—System for Award

Management (OCT 2018) FAR 52.232-39 – Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 – Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) FAR 52.233-3 – Protest After Award (AUG 1996) FAR 52.233-4 – Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.240-93 – Basic Safeguarding of Covered Contractor Information

Systems (DEC 2025) (Note: Replaces legacy 52.204-21) FAR 52.244-6 – Subcontracts for Commercial Products and Commercial

Services (JAN 2025) DFARS 252.201-7000 – Contracting Officer’s Representative (DEC 1991) DFARS 252.203-7000 – Requirements Relating to Compensation of Former DoD

Officials (SEP 2011) DFARS 252.203-7002 – Requirement to Inform Employees of Whistleblower

Rights (DEC 2022) DFARS 252.204-7003 – Control of Government Personnel Work Product (APR

1992) DFARS 252.204-7012 – Safeguarding Covered Defense Information and Cyber

Incident Reporting (JAN 2023) DFARS 252.204-7018 – Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services (JAN 2023) DFARS 252.204-7022 – Expediting Contract Closeout (MAY 2021) DFARS 252.211-7003 – Item Unique Identification and Valuation (JAN 2023) DFARS 252.225-7048 – Export-Controlled Items (JUN 2013) DFARS 252.225-7056 – Prohibition Regarding Business Operations with the

Maduro Regime (JAN 2023)

DFARS 252.225-7060 – Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (JUN 2023)

DFARS 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7010 – Levies on Contract Payments (DEC 2006) DFARS 252.237-7010 – Prohibition on Interrogation of Detainees by Contractor

Personnel (JAN 2023) DFARS 252.244-7000 – Subcontracts for Commercial Products or Commercial

Services (NOV 2023) DFARS 252.247-7023 – Transportation of Supplies by Sea—Basic (OCT 2024)

SECTION III: PROVISIONS AND CLAUSES IN FULL TEXT

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (FEB 2026) (Note: Under RFO guidelines, the terms of FAR 52.212-4 apply in full text to this Firm-Fixed-Price contract, incorporating standard commercial rules for inspection, acceptance, payment, changes, disputes, and terminations. The full text is incorporated directly into the contract file.)

FAR 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

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

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

(b) The Offeror represents that—

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

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

(End of provision)

FAR 52.217-8 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 of contract expiration.

(End of clause)

FAR 52.217-9 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 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 60 months (5 years).

(End of clause)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (JAN 2023)

(a) Definitions. As used in this clause— "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.

(b) Electronic invoicing. The WAWF system provides the method to electronically process 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) WAWF access. To access WAWF, the Contractor shall—

(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type:

Combined Invoice and Receiving Report (Combo)

(2) Fast Pay requests are not permitted.

(3) Document routing. The Contractor shall use the information in the Routing Data Table 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 HQ0490

Issue By DoDAAC W91CRB

Admin DoDAAC W91CRB

Inspect By DoDAAC W81C5M

Service Approver (DoDAAC) W81C5M

Service Acceptor (DoDAAC) W81C5M

(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 points of contact:

Technical POC / COR: Johnathan Beltz (johnathan.f.beltz.civ@army.mil) Contract Specialist: Jennifer Langrehr (jennifer.b.langrehr.civ@army.mil) Contracting Officer: Tanya Buttner (tanya.d.buttner.civ@army.mil)

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

(End of clause)

DFARS 252.240-7997 NIST SP 800-171 DoD Assessment Requirements

(FEB 2026)

(Note: Under RFO Class Deviation guidelines, the Strategic Assessment (Medium or High) remains a DoD-performed operational evaluation conducted by DCMA DIBCAC to verify compliance. The contractor shall provide access to its facilities, systems, and personnel necessary for the Government to conduct these strategic assessments when required. Basic self-assessments are no mailto:johnathan.f.beltz.civ@army.mil mailto:jennifer.b.langrehr.civ@army.mil mailto:tanya.d.buttner.civ@army.mil longer required to be self-reported by the contractor to the SPRS database for commercial services contracts.)

(End of clause)

DFARS 252.204-7016 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)

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021) The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “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.”

(a) Definitions. "Covered defense telecommunications equipment or services," "covered mission," "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204- 7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

https://www.sam.gov/ https://www.sam.gov/

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does” 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(End of provision)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022)

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the Offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the Offeror, and who are expected to undertake activities on behalf of the Offeror for any resulting contract, are presently in compliance with all applicable post-employment restrictions, including those contained in 18 U.S.C. 207, 41 U.S.C. 2101-2107, 5 CFR part 2641, section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91), and Federal Acquisition Regulation 3.104-2.

(End of provision)