Attachment 1 - FA302022Q0008 Provisions and Clauses attachment.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA302022Q0008

CLAUSES INCORPORATED BY REFERENCE

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

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.

2021-11 SEC L

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

2021-11 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2021-11 SEC I

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.

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

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

2016-05 SEC I

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

2021-01 SEC I

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.

2018-03 SEC L

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 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

252.244-7000 Subcontracts for Commercial Items. 2020-10 SEC I

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.

2010-10 SEC I

252.225-7974 DEV 2020-O0005 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005)

2020-02 SEC I

CLAUSES IN FULL TEXT

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

Commercial Services.

2022-01

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 (Jan 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 10 U.S.C. 2402). (NOV 2021)

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

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

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. (4) (JUN 2020) 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) (SEP 2021)

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (12) (SEP (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).2021)

[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 2018)

(17) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) (NOV 2021)

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) (SEP 2021)

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) (SEP 2021) (15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(i) (SEP 2021) (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)).(SEP 2021)

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)).(SEP 2021)

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) (JAN 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) (NOV 2021) 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).

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)

52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(48) (NOV 2021)

(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.(i) (NOV 2021) chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

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.

Alternate I of 52.225-3.(ii) ( 2021)JAN

Alternate II of 52.225-3.(iii) ( 2021)JAN

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

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (OCT 2019) 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.

2302Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (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, 10 U.S.C. 2307(f)).(NOV 2021)

52.232-30, Installment Payments for Commercial Products and Commercial Services (57) (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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 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)

. 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, documents, accounting procedures and (3) practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this (1) clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)

(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or (ii) Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing 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 (iii) or Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L. 115-(NOV 2021) 91).

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

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (v) (OCT 2018) (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

52.222-26, Equal Opportunity (E.O.11246).(vii) (SEP 2015)

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

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

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (xi) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-(DEC 2010)

40.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xii) (AUG 2018)

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

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

52.222-51, Exemption from Application of the Service Contract Labor Standards to (xiv) Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.

S.C. chapter 67).

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

52.222-54, Employment Eligibility Verification (E.O. 12989).(xvi) (NOV 2021)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (xvii)

.(JAN 2022)

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

(xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)

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

52.225-26, Contractors Performing Private Security Functions Outside the United (xx) States (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year (OCT 2016) 2008; 10 U.S.C. 2302 Note).

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (xxi) (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (xxii) (NOV (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of 2021)

FAR clause 52.247-64.

While not required, the Contractor may include in its subcontracts for commercial products (2) and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(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)

52.212-2 Evaluation-Commercial Products and Commercial Services. 2021-11

As prescribed in , the Contracting Officer may insert a provision substantially as follows:12.301(c)

Evaluation-Commercial Products and Commercial Services (Nov 2021)

The Government will award a contract resulting from this solicitation to the responsible (a) offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical ____ capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are [Contracting Officer state, in accordance ____ with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

. The Government will evaluate offers for award purposes by adding the total price for (b) Options all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the (c) successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial

Products and Commercial Services.

2021-11

As prescribed in , insert the following provision:12.301(b)(2)

Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

. As used in this provision-(a) Definitions

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

means a small Economically disadvantaged women-owned small business (EDWOSB) concern business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with . It 13 CFR part 127 automatically qualifies as a women-owned small business eligible under the WOSB Program.

means all work or service-Forced or indentured child labor

Exacted from any person under the age of 18 under the menace of any penalty for its (1) nonperformance and for which the worker does not offer himself voluntarily; or

Performed by any person under the age of 18 pursuant to a contract the enforcement of (2) which can be accomplished by process or penalties.

means the entity that owns or controls an immediate owner of the offeror, or Highest-level owner that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

means an entity, other than the offeror, that has direct control of the offeror. Immediate owner Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

, means a foreign incorporated entity that meets the definition of an Inverted domestic corporation inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

means any end product in product and service codes (PSCs) 1000-Manufactured end product 9999, except-

PSC 5510, Lumber and Related Basic Wood Materials;(1)

Product or Service Group (PSG) 87, Agricultural Supplies;(2)

PSG 88, Live Animals;(3)

PSG 89, Subsistence;(4)

PSC 9410, Crude Grades of Plant Materials;(5)

PSC 9430, Miscellaneous Crude Animal Products, Inedible;(6)

PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(7)

PSC 9610, Ores;(8)

PSC 9620, Minerals, Natural and Synthetic; and(9)

PSC 9630, Additive Metal Materials.(10) means the place where an end product is assembled out of components, or Place of manufacture otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

means an entity that is replaced by a successor and includes any predecessors of the Predecessor predecessor.

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

means business operations in Sudan that include power production Restricted business operations activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

Are conducted under contract directly and exclusively with the regional government of (1) southern Sudan;

Are conducted pursuant to specific authorization from the Office of Foreign Assets Control (2) in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

Consist of providing goods or services to marginalized populations of Sudan;(3)

Consist of providing goods or services to an internationally recognized peacekeeping force (4) or humanitarian organization;

Consist of providing goods or services that are used only to promote health or education; or(5)

Have been voluntarily suspended."Sensitive technology"-(6)

-Sensitive technology

Means hardware, software, telecommunications equipment, or any other technology that is (1) to be used specifically-

To restrict the free flow of unbiased information in Iran; or(i)

To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(ii)

Does not include information or informational materials the export of which the President (2) does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

-Service-disabled veteran-owned small business concern

Means a small business concern-(1)

Not less than 51 percent of which is owned by one or more service-disabled veterans or, (i) in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

The management and daily business operations of which are controlled by one or more (ii) service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability (2) that is service connected, as defined in 38 U.S.C. 101(16).

-Small business concern

Means a concern, including its affiliates, that is independently owned and operated, not (1) dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

, 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.

, consistent with13 CFR 124.1002, means a small business Small disadvantaged business concern concern under the size standard applicable to the acquisition, that-

Is at least 51 percent unconditionally and directly owned (as defined at ) (1) 13 CFR 124.105 by-

One or more socially disadvantaged (as defined at13 CFR 124.103) and economically (i) disadvantaged (as defined at ) individuals who are citizens of the United States; and13 CFR 124.104

Each individual claiming economic disadvantage has a net worth not exceeding (ii) $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

The management and daily business operations of which are controlled (as defined at 13.(2) CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

means an entity in which more than 50 percent of the entity is owned-Subsidiary

Directly by a parent corporation; or(1)

Through another subsidiary of a parent corporation(2) means an entity that has replaced a predecessor by acquiring the assets and carrying out Successor the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

means a small business concern-Veteran-owned small business concern

Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.(1) C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

The management and daily business operations of which are controlled by one or more (2) veterans.

(in accordance Women-owned small business (WOSB) concern eligible under the WOSB Program with ), means a small business concern that is at least 51 percent directly and 13 CFR part 127 unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern-

That is at least 51 percent owned by one or more women; or, in the case of any publicly (1) owned business, at least51 percent of the stock of which is owned by one or more women; and

Whose management and daily business operations are controlled by one or more women.(2)

(b) . Any changes provided by the Offeror in (1) Annual Representations and Certifications paragraph (b)(2) of this provision do not automatically change the representations and certifications in

SAM

The offeror has completed the annual representations and certifications electronically in (2) SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .____

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in ]an update to the representations and certifications posted electronically on SAM.

Offerors must complete the following representations when the resulting contract will be (c) performed in the United States or its outlying areas. Check all that apply.

. The offeror represents as part of its offer that it(1) Small business concern is, is not a small business concern.

. [(2) Veteran-owned small business concern Complete only if the offeror represented itself as a .] The offeror represents as part of its offer small business concern in paragraph (c)(1) of this provision that it is, is not a veteran-owned small business concern.

. [(3) Service-disabled veteran-owned small business concern Complete only if the offeror .] The represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

. [(4) Small disadvantaged business concern Complete only if the offeror represented itself as a .] The offeror represents, that itsmall business concern in paragraph (c)(1) of this provision is, is not a small disadvantaged business concern as defined in 13 CFR124.1002.

. [(5) Women-owned small business concern Complete only if the offeror represented itself as a .] The offeror represents that itsmall business concern in paragraph (c)(1) of this provision is, is not a women-owned small business concern.

WOSB concern eligible under the WOSB Program. [Complete only if the offeror (6) represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

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 (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror 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. (7) [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

It(i) is, is not an EDWOSB concern, 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 (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses

.] Each EDWOSB concern participating in the joint that are participating in the joint venture: ____ venture shall submit a separate signed copy of the EDWOSB representation.

Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed Note:

the simplified acquisition threshold.

). [(8) Women-owned business concern (other than small business concern Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in

.] The offeror represents that itparagraph (c)(1) of this provision is a women-owned business concern.

. If this is an invitation for bid, small (9) Tie bid priority for labor surplus area concerns business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____

. [(10) HUBZone small business concern Complete only if the offeror represented itself as a .] The offeror represents, as part of its offer, small business concern in paragraph (c)(1) of this provision that-

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 ; and13 CFR Part 126

It(ii) is, is not a HUBZone joint venture that complies with the requirements of , and the 13 CFR Part 126 representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror 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.

Representations required to implement provisions of Executive Order11246- (d) Previous (1) contracts and compliance. The offeror represents that-

It(i) has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

It(ii) has, has not filed all required compliance reports.

. The offeror represents that-(2) Affirmative Action Compliance

It(i) has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

It(ii) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.

. (Applies only if the contract is expected to exceed $150,000.) By submission of its gov/ U.S.C. 1352) offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

. (Applies only if the clause at Federal Acquisition Regulation (FAR) (f) Buy American Certificate 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this (i) provision, is a domestic end product.

The Offeror shall list as foreign end products those end products manufactured in the (ii) United States that do not qualify as domestic end products.

The terms "domestic end product," "end product," "foreign end product," and "United (iii) States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

Foreign End Products:(2)

Line Item No. Country of Origin

[ ]List as necessary

The Government will evaluate offers in accordance with the policies and procedures of (3) FAR part 25.

(g) . (Applies only if the (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) (A) or (iii) of this provision, is a domestic end product.

The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," (B) "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

The Offeror certifies that the following supplies are Free Trade Agreement country end (ii) products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[ ]List as necessary

The Offeror shall list those supplies that are foreign end products (other than those (iii) listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

The Government will evaluate offers in accordance with the policies and procedures of (iv) FAR part 25.

. If (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":