Attachment 16 - Contract Terms.pdf

Attachment 16 SP4500-21-R-0013

ADDITIONAL CONTRACT TERMS AND CONDITIONS

This solicitation incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text may be accessed electronically at https://www.ecfr.gov/. Upon request, the Contracting Officer will make their full text available. Incorporated clauses/provisions are those in effect through Federal Acquisition Circular 2021-06, effective July 12, 2021.

CLAUSES THAT APPLY TO THIS ACQUISITION:

DFARS 252.201-7000 Contracting Officer's Representative

FAR

FAR

52.203-3 52.203-12

Gratuities Limitation on Payments to Influence Certain Federal Transactions

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7003 Agency Office of The Inspector General FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems DFARS 252.204-7009 Limitations on The Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

DFARS

DFARS

252.204-7018 252.204-7020

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Service NIST SP 800-171 DoD Assessment Requirements

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

FAR 52.212-4 Contract Terms and Conditions – Commercial Items FAR 52.212-5 CONTRACT TERMS & CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

*The following clauses cited under 52.212-5(a) are applicable to this acquisition:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim *The following clauses cited under 52.212-5(b) are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-50, Combating Trafficking in Person *52.222 clauses in the contract only apply if the contractor will recruit employees from the United States to perform on this contract.

https://www.acquisition.gov/

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer --System for Award Management *The following clauses cited under 52.212-5(c) are applicable to this acquisition:

FAR

DFARS

DFARS

DFARS

52.215-21 252.225-7043 252.225-7050 252.225-7972

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost, ALT I Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

DFARS 252.226-7001

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

FAR 52.229-12 Tax on Certain Foreign Procurements FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DFARS

DFARS

252.232-7010 252.232-7017

Levies on Contract Payments Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel Stop-Work Order FAR 52.242-15

DFARS

DFARS

252.243-7002 252.244-7000

Requests for Equitable Adjustments Subcontracts for Commercial Items

DFARS 252.247-7023 Transportation of Supplies by Sea

ADDITIONAL CLAUSES WITH FILLIN INFORMATION THAT APPLY TO THIS ACQUISITION:

52.216-18 ORDERING

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor;

or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $200,000

(2) Any order for a combination of items in excess of $500,000; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 INDEFINITE QUANTITY

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the 360th day after contract ends.

FAR 52.217-8 OPTION TO EXTEND SERVICES

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days prior to contract expiration.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) The Government may extend the term of this contract by written notice to the Contractor within _____ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _____ days[60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___________ (months) (years).

PROVISIONS THAT APPLY TO THIS ACQUISITION:

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-20 Predecessor of Offeror FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services Representation DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services - Representation

FAR 52.209-7 Information Regarding Responsibility Matters FAR 52.212-1 Instructions to Offerors – Commercial Items FAR 52.212-3 Offeror Representations and Certifications – Commercial Items - ALT I

DFARS 252.215-7008 Only One Offer

DFARS

FAR

252.215-7010 52.222-56

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data Certification Regarding Trafficking in Persons Compliance Plan

FAR

DFARS

DFARS

FAR

52.225-17 252.225-7973

252.225-7974 52.229-11

Evaluation of Foreign Currency Offers Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems-Representation. (DEVIATION 2020-O0015) Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) Tax on Certain Foreign Procurements – Notice and Representation

DLAD

DFARS

DLAD

52.233-9001 252.247-7022 L06

Disputes - Agreement to Use Alternative Dispute Resolution Representation of Extent of Transportation by Sea Agency Protests

END OF DOCUMENT