Attachment 01 - Provisions and Clauses (Fill-in).pdf

FA700026Q0111 | Provisions and Clauses (Fill-In)

ATTACHMENT 01 PROVISIONS AND CLAUSES

(FILL-IN)

Please complete the following provisions and clauses:

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 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

(a) Definitions.

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.

(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 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it shall provide the following information as part of the offer:

1. A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

3. For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

4. For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

*(End of provision)*

FAR 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (DEVIATION 2026-O0038) (FEB 2026)

(a) Definitions. As used in this clause

- means a contract of more than five years in duration, including options.

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 (c) of this clause.

(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any novation, merger, acquisition, or reaching the end of the fifth year of a long-term contract.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract.

Assigned NAICS Code: 333415 (Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing)

Assigned Small Business Size Standard: 1,250 Employees

Validation Reference: https://www.sba.gov/document/support--table-size-standards

(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519.

(g) Representation Block (for manual submission if not updated in SAM):

1. The Contractor represents that it:

is is not a small business concern under NAICS Code 333415 assigned to Contract Number

FA700026Q0111.

2. The Contractor represents that it:

is is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

is is not a joint venture that complies with 13 CFR 127.506(a) (c).

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

is is not a joint venture that complies with 13 CFR 127.506(a) (c).

5. Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program:

is is not an SDVOSB joint venture that complies with 13 CFR 128.402.

6. HUBZone joint venture eligible under the HUBZone Program:

is is not a HUBZone joint venture that complies with 13 CFR 126.616(a) (c).

Signature of Authorized Contractor Representative

Date: ____________________

*(End of clause)*