Attachment 1 - Clauses and Provisions.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA441920Q0048 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

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CLAUSE TITLE YEAR-

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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. 2013-09 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD

Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC I

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

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2018-01 SEC L

252.219-7012 Competition for Religious-Related Services. 2018-04 SEC I

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

2014-09 SEC I

252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 SEC I 252.225-7048 Export-Controlled Items. 2013-06 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.

2020-04 SEC I

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

2013-06 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation.

2017-01 SEC I

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I

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

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

2018-07 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

52.219-13 Notice of Set-Aside of Orders. 2020-03 SEC I 52.219-33 Nonmanufacturer Rule. 2020-03 SEC I 52.219-6 Notice of Total Small Business Set-Aside. 2020-03 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.222-41 Service Contract Labor Standards. 2018-08 SEC I

52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 SEC I

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

2020-06 SEC I

52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 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.

2013-12 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

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

1984-04 SEC I

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

2017-01 SEC I

52.222-50 Combating Trafficking in Persons. 2019-01 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TEXT

52.204-22 Alternative Line Item Proposal. 2017-01

As prescribed in , insert the following provision:4.1008

Alternative Line Item Proposal (Jan 2017)

The Government recognizes that the line items established in this solicitation may not conform to (a) the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

The Offeror may submit one or more additional proposals with alternative line items, provided (b) that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.222-26 Equal Opportunity. 2016-09

As prescribed in , insert the following clause:22.810(e)

Equal Opportunity (Sept 2016)

. As used in this clause.(a) Definition means any payments made to, or on behalf of, an employee or offered to an applicant Compensation as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

means the amount and type of compensation provided to employees or Compensation information offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

means the fundamental job duties of the employment position an individual Essential job functions holds. A job function may be considered essential if-

The access to compensation information is necessary in order to perform that function or (1) another routinely assigned business task; or

The function or duties of the position include protecting and maintaining the privacy of (2) employee personnel records, including compensation information.

has the meaning given by the Department of Labor's Office of Federal Contract Gender identity Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

has the meaning given by the Department of Labor's Office of Federal Contract Sexual orientation Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana United States, Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)

If, during any 12-month period (including the 12 months preceding the award of this contract), the (1) Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States.

Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

If the Contractor is a religious corporation, association, educational institution, or society, the (2) requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c)

The Contractor shall not discriminate against any employee or applicant for employment because of (1) race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by .5.41 CFR 60-1

The Contractor shall take affirmative action to ensure that applicants are employed, and that (2) employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

Employment;(i)

Upgrading;(ii)

Demotion;(iii)

Transfer;(iv)

Recruitment or recruitment advertising;(v)

Layoff or termination;(vi)

Rates of pay or other forms of compensation; and(vii)

Selection for training, including apprenticeship.(viii)

The Contractor shall post in conspicuous places available to employees and applicants for (3) employment the notices to be provided by the Contracting Officer that explain this clause.

The Contractor shall, in all solicitations or advertisements for employees placed by or on (4) behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

The Contractor shall not discharge or in any other manner discriminate against any employee or (i) applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of (ii) this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

Incorporation into existing employee manuals or handbooks; and(A)

Electronic posting or by posting a copy of the provision in conspicuous places available (B) to employees and applicants for employment.

The Contractor shall send, to each labor union or representative of workers with which it has a (6) collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

The Contractor shall comply with Executive Order11246, as amended, and the rules, (7) regulations, and orders of the Secretary of Labor.

The Contractor shall furnish to the contracting agency all information required by Executive (8) Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR

-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Part 60 Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

The Contractor shall permit access to its premises, during normal business hours, by the (9) contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

If the OFCCP determines that the Contractor is not in compliance with this clause or any (10) rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

The Contractor shall include the terms and conditions of this clause in every subcontract or (11) purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

The Contractor shall take such action with respect to any subcontract or purchase order as the (12) Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Notwithstanding any other clause in this contract, disputes relative to this clause will be governed (d) by the procedures in .41 CFR 60-1

(End of clause)

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

2020-08

As prescribed in , insert the following clause:4.2105(b)

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

As used in this clause-(a) Definitions.

means intermediate links between the core network, or backbone network, and the small Backhaul subnetworks at the edge of the network ( , connecting cell phones/towers to the core telephone e.g.

network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, e.g.

Ethernet).

means The People's Republic of China.Covered foreign country means-Covered telecommunications equipment or services

Telecommunications equipment produced by Huawei Technologies Company or ZTE (1) Corporation (or any subsidiary or affiliate of such entities);

For the purpose of public safety, security of Government facilities, physical security (2) surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

Telecommunications or video surveillance services provided by such entities or using (3) such equipment; or

Telecommunications or video surveillance equipment or services produced or provided (4) by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means-Critical technology

Defense articles or defense services included on the United States Munitions List set (1) forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 (2) of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

Pursuant to multilateral regimes, including for reasons relating to national security, (i) chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

For reasons relating to regional stability or surreptitious listening;(ii)

Specially designed and prepared nuclear equipment, parts and components, materials, (3) software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of (4) Federal Regulations (relating to export and import of nuclear equipment and material);

Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part (5) 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

Emerging and foundational technologies controlled pursuant to section 1758 of the (6) Export Control Reform Act of 2018 (50 U.S.C. 4817).

means arrangements governing the physical connection of two or Interconnection arrangements more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.

company B) or sharing data and other information resources.

means an inquiry designed to uncover any information in the entity's Reasonable inquiry possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

means cellular communications services ( , voice, video, data) received from a visited Roaming e.g.

network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

means any component necessary for the proper function or Substantial or essential component performance of a piece of equipment, system, or service.

. (b) Prohibition

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

This clause does not prohibit contractors from providing-(c) Exceptions.

A service that connects to the facilities of a third-party, such as backhaul, roaming, or (1) interconnection arrangements; or

Telecommunications equipment that cannot route or redirect user data traffic or permit (2) visibility into any user data or packets that such equipment transmits or otherwise handles.

Reporting requirement.(d)

In the event the Contractor identifies covered telecommunications equipment or services (1) used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

The Contractor shall report the following information pursuant to paragraph (d)(1) of this (2) clause

Within one business day from the date of such identification or notification: the (i) contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of (ii) this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

The Contractor shall insert the substance of this clause, including (e) Subcontracts. this paragraph in all subcontracts and other contractual instruments, including (e) and excluding paragraph (b)(2), subcontracts for the acquisition of commercial items.

(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 process vendor Electronic invoicing.

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 when WAWF 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 following Document 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.

N/A

(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.

2 in 1

(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.

(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 Table Document 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 F87700

Issue By DoDAAC FA4419

Admin DoDAAC FA4419

Inspect By DoDAAC FA4419 plus F1B0F1

Ship To Code FA4419 plus F1B0F1

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) FA4419 plus F1B0F1

Service Acceptor (DoDAAC) FA4419 plus F1B0F1

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*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) The Contractor shall ensure a payment request includes documentation Payment request.

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) The Contractor shall ensure a receiving report meets the requirements of Receiving report.

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.

97CONF.PKA.Contracting@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

2020-08

As prescribed in , insert the following provision:4.2105(a)

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

As used in this provision-(a) Definitions.

Backhaul, covered telecommunications equipment or services, critical technology, interconnection have the arrangements, reasonable inquiry, roaming, and substantial or essential component meanings 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 for (1) 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 (ii) or 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 (2) Fiscal 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 (ii) or 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 Offeror has (1) 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 (A) (include entity 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 (B) brand; 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 (C) and any 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 (B) service 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 (A) (include entity 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 (B) brand; 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 (C) and any 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; (B) 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)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-

Representation.

2019-12

As prescribed in , insert the following provision:4.2105(c)

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

As used in this provision, "covered telecommunications equipment or services" has (a) Definitions.

the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

The Offeror represents that it(c) Representation.

does, 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.

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law.

2016-02

As prescribed in , insert the following provision:9.104-7(d)

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing (a) 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-

Has any unpaid Federal tax liability that has been assessed, for which all judicial and (1) 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

Was convicted of a felony criminal violation under any Federal law within the preceding 24 (2) 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.

The Offeror represents that-(b)

It is(1) 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

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

(End of provision)

52.219-28 Post-Award Small Business Program Rerepresentation. 2020-05

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

Post-Award Small Business Program Rerepresentation (May 2020)

. 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.

means a concern, including its affiliates, that is independently owned and Small business concern operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in and the size standard in paragraph (d) 13 CFR part 121 of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(b)

(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 modification of (1) 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 days (2) 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 option (ii) thereafter.

If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(c)

(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 the (d) 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 a product which it does not (e) manufacture itself, for a contract other than a construction or service contract, is 500 employees.

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

The Contractor represents that it(1) is, is not a small business concern under NAICS Code assigned to contract number .____ ____

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself as a women-owned small business concern in

] The Contractor represents that-paragraph (h)(3) of this clause.

It(i) is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

Each WOSB concern eligible under the WOSB Program participating in the joint venture shall .]____ submit a separate signed copy of the WOSB representation.

Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a women-owned small business concern eligible under the

] The Contractor represents that-WOSB Program in (h)(4) of this clause.

It(i) is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the ____ joint venture shall submit a separate signed copy of the EDWOSB representation.

[ (6) Complete only if the Contractor represented itself as a small business concern in paragraph ] The Contractor represents that it(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 not a service-disabled veteran-owned small business concern.

[ (8) Complete only if the Contractor represented itself as a small business concern in paragraph ] The Contractor represents that-(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, 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

Each HUBZone ]HUBZone small business concerns participating in the HUBZone joint venture: .____ 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 employed 29 CFR Part 4 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 on i.e.

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-party (3) 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)

52.204-1 Approval of Contract. 1989-12

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of [ ] ____ identify title of designated agency official here and shall not be binding until so approved.

(End of clause)

52.219-28 ALT I

Post-Award Small Business Program Rerepresentation. -

(Alternate I) 2020-03

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

Post-Award Small Business Program…