Attachment 0002 Provisions and Clauses(LocTite).pdf

Attachment 0002 – Provisions and Clauses

SOLICITATION PROVISIONS

The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) provisions apply and are incorporated by reference (provisions may be obtained via the internet at http://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 52.204-22 Alternative Line Item Proposal JAN 2017 FAR 52.211-6 Brand Name or Equal AUG 1999 FAR 52.212-1 Instructions to Offerors - Commercial Products and NOV 2021

Commercial Services FAR 52.212-3 Offeror Representations and Certifications – MAY 2022

Commercial Products and Commercial Services – FAR 52.217-5 Evaluation of Options NOV 1990 FAR 52.225-18 Place of Manufacture AUG 2018

DFARS 252.203-7005 Representation Relating to Compensation of NOV 2011

Former DoD Officials DFARS 252.204-7016 Covered Defense Telecommunications DEC 2019

Equipment or Services—Representation DFARS 252.204-7017 Prohibition on the Acquisition of Covered MAY 2021

Defense Telecommunications Equipment or Services--Representation

DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment MAR 2022 Requirements.

DFARS 252.215-7007 Notice of Intent to Resolicit MAR 2022

The following provisions are provided in full text:

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/these address:

https://www.acquisition.gov/

CLAUSES

http://www.acquisition.gov/ https://www.acquisition.gov/

The following Federal Acquisition Regulations (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply and are incorporated by reference (clauses may be obtained via the internet at http://www.acquisition.gov):

FAR 52.204-12 Unique Entity Identifier Maintenance Oct 2016 FAR 52.204-13 System for Award Management Maintenance OCT 2018 FAR 52.204-18 Commercial and Government Entity Code AUG 2020

Maintenance FAR 52.204-19 Incorporation by Reference of Representations and DEC 2014

Certifications FAR 52.211-8 Time of Delivery JUN 1997 FAR 52.212-4 Contract Terms and Conditions – Commercial NOV 2021

Products and Commercial Services FAR 52.212-5 Contract Terms and Conditions Required To MAY 2022

Implement Statutes or Executive Orders— Commercial Products and Commercial Services *See Addendum below containing clauses incorporated By Reference within FAR 52.212-5

FAR 52.217-6 Option for Increased Quantity MAR 1989 FAR 52.222-20 Contracts for Materials, Supplies, Articles, and JUN 2020

Equipment Exceeding $15,000 FAR 52.232-1 Payments APR 1984 FAR 52.232-33 Payment by Electronic Funds Transfer—System for OCT 2018

Award Management FAR 52.232-40 Providing Accelerated Payments to Small Business NOV 2021 Subcontractors FAR 52.233-1 Disputes MAY 2014 FAR 52.243-1 Changes—Fixed Price AUG 1987 FAR 52.246-1 Contractor Inspection Requirements MAR 1994 FAR 52.247-34 F.o.b. Destination NOV 1991 FAR 52.249-1 Termination for Convenience of the Government APR 1984

(Fixed-Price) (Short Form) DFARS 252.203-7000 Requirements Relating to Compensation of SEP 2011

Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of SEP 2013 DFARS 252.232-7003 Electronic Submission of Payment Requests DEC 2018 and Receiving Reports Whistleblower Rights

DFARS 252.204-7003 Control of Government Personnel Work APR 1992 Product

DFARS 252.204-7015 Notice of Authorized Disclosure of Information MAY 2016 for Litigation Support

DFARS 252.204-7018 Prohibition on the Acquisition of Covered JAN 2021 Defense Telecommunications Equipment or http://www.acquisition.gov/

Services DFARS 252.204-7020 NIST SP 800-171 DoD Assessment MAR 2022

Requirements DFARS 252.225-7048 Export-Controlled Items JUNE 2013 DFARS 252.223-7008 Prohibition of Hexavalent Chromium JUNE 2013 DFARS 252.225-7012 Preference for Certain Domestic APR 2022

Commodities DFARS 252.225-7048 Export-Controlled Items JUNE 2013 DFARS 252.232-7003 Electronic Submission of Payment Requests DEC 2018 and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DEC 2006 DFARS 252.243-7001 Pricing of Contract Modifications DEC 1991 DFARS 252.244-7000 Subcontracts for Commercial Items JAN 2021 DFARS 252.247-7023 Transportation of Supplies by Sea—Basic FEB 2019

Addendum of FAR 52.212-5

FAR 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities, (NOV 2021)

FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

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

FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021)

FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) FAR 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) FAR 52.219-28, Post Award Small Business Program Representation (Sep 2021) FAR 52.222-3, Convict Labor (Jun 2003) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26, Equal Opportunity (Sep 2016) FAR 52.222-35, Equal Opportunity for Veterans (Jun 2020) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) FAR 52.222-37, Employment Reports on Veterans (Jun 2020) FAR 52.222-50, Combating Trafficking in Persons (Nov 2021) FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act Alternate I (Jan 2021) FAR 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) FAR 52.233-3, Protest After Award (Aug 1996) FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_209_6 https://www.acquisition.gov/far/part-52#FAR_52_209_9 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 https://www.acquisition.gov/far/part-52#FAR_52_222_50 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_233_3 https://www.acquisition.gov/far/part-52#FAR_52_233_4

FAR 52.239-1, Privacy or Security Safeguards, (AUG 1996)

End of Addendum 52.212-5

The following clauses are provided in full text:

FAR 52.211-8 Time of Delivery.

As prescribed in 11.404(a)(2), insert the following clause:

Time of Delivery (June 1997)

(a) The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

Item No.

Quantity 500 each of CLIN 0001 shall be delivered ON OR BEFORE 3 JAN 2023 Quantity 100 each of CLIN 0002 shall be delivered ON OR BEFORE 3 JAN 2023

Option Quantities shall be delivered 4 weeks After Option Exercise (AOE).

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above.

Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Offeror’s Proposed Delivery Schedule

Item No.

Quantity

Within Days After Date of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions.

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

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

(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(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.

(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.

(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 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.

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

(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 HQ0303

Issue By DoDAAC W519TC

Admin DoDAAC** W519TC

Inspect By DoDAAC W41G26

Ship To Code W41G26

Ship From Code N/A

Mark For Code W41G26

Accept at Other DoDAAC W41G26

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s)

(*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) 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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)