Attachment 2 - Additional Provisions and Clauses_FA461321Q1003.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA461321Q1003 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

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CLAUSE TITLE YEAR-

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SECTION

252.201-7000 Contracting Officer's Representative 1991-12 SEC G

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 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 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

252.211-7007 Reporting of Government-Furnished Property. 2012-08 SEC I 252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K

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

2018-01 SEC L

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 252.225-7048 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

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property.

2012-04 SEC E

252.245-7002 Reporting Loss of Government Property. 2017-12 SEC I 252.245-7003 Contractor Property Management System Administration. 2012-04 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. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC L 52.204-7 System for Award Management. 2018-10 SEC K 52.219-33 Nonmanufacturer Rule. 2020-03 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

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

1984-04 SEC I

Attachment 2 - Additional Provisions and Clauses

52.245-1 Government Property. 2017-01 SEC I 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 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)

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 clauseâ??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 vendorElectronic 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 shallâ??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-BasedWAWF training.

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, ElectronicWAWF methods of document submission.

Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when submittingWAWF payment instructions.

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(s):Document type.

(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

(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.

Invoice and Receiving Report (Combo)

(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 below only toDocument routing.

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 FA4613

Admin DoDAAC FA4613

Inspect By DoDAAC F1Y0DA

Ship To Code F1Y0DA

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F1Y0DA

Service Acceptor (DoDAAC) F1Y0DA

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriatePayment request.

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 DFARSReceiving report.

Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.

www.aptac-us.org

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

(End of clause)

252.245-7004 Reporting, Reutilization, and Disposal. 2017-12

As prescribed in 245.107(5), use the following clause:

REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

(a) As used in this clauseâ??Definitions.

(1) â??Demilitarizationâ?? means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.

(2) â??Export-controlled itemsâ?? means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations [(ITAR)] (22 CFR parts 120-130). The term includesâ??

(i) â??Defense items,â?? defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, etc.; and

(ii) â??Items,â?? defined in the EAR as â??commodities,â?? â??software,â?? and â??

technology,â?? terms that are also defined in the EAR, 15 CFR 772.1.

(3) â??Ineligible transfereesâ?? means individuals, entities, or countriesâ??

(i) Excluded from Federal programs by the General Services Administration as identified in the System for Award Management Exclusions located at https://www.acquisition.gov;

(ii) Delinquent on obligations to the U.S. Government under surplus sales contracts;

(iii) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or

(iv) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the Department of the Treasury.

(4) â??Scrapâ?? means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the items original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not â??scrap.â??

(5) â??Serviceable or usable propertyâ?? means property with potential for reutilization or sale â??as isâ?? or with minor repairs or alterations.

(b) Unless disposition instructions are otherwise included in this Inventory disposal schedules.

contract, the Contractor shall complete SF 1428, Inventory Schedule B, within the Plant Clearance Automated Reutilization Screening System (PCARSS). Information on PCARSS can be obtained from the plant clearance officer and at http://www.dcma.mil/WBT/PCARSS/.

(1) The SF 1428 shall contain the following:

(i) If known, the applicable Federal Supply Code (FSC) for all items, except items in scrap condition.

(ii) If known, the manufacturer name for all aircraft components under Federal Supply Group (FSG) 16 or 17 and FSCs 2620, 2810, 2915, 2925, 2935, 2945, 2995, 4920, 5821, 5826, 5841, 6340, and 6615.

(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.

(iv) See Appendix 2 of DLM 4000.25-2, Military Appropriate Federal Condition Codes.

Standard Transaction Reporting and Accounting Procedures (MILSTRAP) manual, edition in effect as of the date of this contract. Information on Federal Condition Codes can be obtained at http://www.dla.mil /HQ/InformationOperations/DLMS/elibrary/manuals/MILSTRAP/.

(2) If the schedules are acceptable, the plant clearance officer shall complete and send the Contractor a DD Form 1637, Notice of Acceptance of Inventory.

(c) Unless otherwise provided in the contract, the proceeds Proceeds from sales of surplus property.

of any sale, purchase, or retention shall beâ??

(1) Forwarded to the Contracting Officer;

(2) Credited to the Government as part of the settlement agreement;

(3) Credited to the price or cost of the contract; or

(4) Applied as otherwise directed by the Contracting Officer.

(d) If demilitarization, mutilation, or destruction of Demilitarization, mutilation, and destruction.

contractor inventory is required, the Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.

(e) The Contractor shall dispose of classified contractor inventory Classified Contractor inventory.

in accordance with applicable security guides and regulations or as directed by the Contracting Officer.

(f) Contractor inventory dangerous to public health or Inherently dangerous Contractor inventory.

safety shall not be disposed of unless rendered innocuous or until adequate safeguards are provided.

(g) Consistent with contract terms and Contractor inventory located in foreign countries.

conditions, property disposition shall be in accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, Final Governing Standards, and Government-to-Government agreements. The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(h) Disposal of scrap.

(1) Contractor with scrap procedures.

(i) The Contractor shall include within its property management procedure, a process for the accountability and management of Government-owned scrap. The process shall, at a minimum, provide for the effective and efficient disposition of scrap, including sales to scrap dealers, so as to minimize costs, maximize sales proceeds, and, contain the necessary internal controls for mitigating the improper release of non-scrap property.

(ii) The Contractor may commingle Government and contractor-owned scrap and provide routine disposal of scrap, with plant clearance officer concurrence, when determined to be effective and efficient.

(2) The plant clearance officer may require the Contractor to secure from Scrap warranty.

scrap buyers a DD Form 1639, Scrap Warranty.

(i) Sale of surplus Contractor inventory.

(1) The Contractor shall conduct sales of contractor inventory (both useable property and scrap) in accordance with the requirements of this contract and plant clearance officer direction.

(2) Any sales contracts or other documents transferring title shall include the following statement:

``The Purchaser certifies that the property covered by this contract will be used in (name of country).

In the event of resale or export by the Purchaser of any of the property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval.

(j) Restrictions on purchase or retention of Contractor inventory.

(1) The Contractor may not knowingly sell the inventory to any person or that person's agent, employee, or household member if that personâ??

(i) Is a civilian employee of the DoD or the U.S. Coast Guard;

(ii) Is a member of the armed forces of the United States, including the U.S. Coast Guard; or

(iii) Has any functional or supervisory responsibilities for or within the DoDs property disposal/disposition or plant clearance programs or for the disposal of contractor inventory.

(2) The Contractor may conduct Internet-based sales, to include use of a third party.

(3) If the Contractor wishes to bid on the sale, the Contractor or its employees shall submit bids to the plant clearance officer prior to soliciting bids from other prospective bidders.

(4) The Contractor shall solicit a sufficient number of bidders to obtain adequate competition.

Informal bid procedures shall be used, unless the plant clearance officer directs otherwise. The Contractor shall include in its invitation for bids, the sales terms and conditions provided by the plant clearance officer.

(5) The Contractor shall solicit bids at least 15 calendar days before bid opening to allow adequate opportunity to inspect the property and prepare bids.

(6) For large sales, the Contractor may use summary lists of items offered as bid sheets with detailed descriptions attached.

(7) In addition to mailing or delivering notice of the proposed sale to prospective bidders, the Contractor may (when the results are expected to justify the additional expense) display a notice of the proposed sale in appropriate public places, e.g., publish a sales notice on the Internet in appropriate trade journals or magazines and local newspapers.

(8) The plant clearance officer or representative will witness the bid opening. The Contractor shall submit, either electronically or manually, two copies of the bid abstract.

(9) The following terms and conditions shall be included in sales contracts involving the demilitarization, mutilation, or destruction of property:

(i) . Demilitarization, mutilation, or destruction on Contractor or subcontractor premises Item(s) require demilitarization, mutilation, or destruction by the Purchaser. Insert item number(s) N/A and specific demilitarization, mutilation, or destruction requirements for item(s) shown in Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract.

Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(ii) .Demilitarization, mutilation, or destruction off Contractor or subcontractor premises

(A) Item(s) require demilitarization, mutilation, or destruction by the Purchaser. N/A Insert item number(s) and specific demilitarization, mutilation, or destruction requirements for item(s) shown in Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(B) Property requiring demilitarization shall not be removed, and title shall not pass to the Purchaser, until demilitarization has been accomplished and verified by a Government representative.

Demilitarization will be accomplished as specified in the sales contract. Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(C) The Purchaser agrees to assume all costs incident to the demilitarization and to restore the working area to its present condition after removing the demilitarized property.

(iii) If the Purchaser fails to demilitarize, mutilate, or destroy the Failure to demilitarize.

property as specified in the contract, the Contractor may, upon giving 10 days written notice from date of mailing to the Purchaser

(A) Repossess, demilitarize, and return the property to the Purchaser, in which case the Purchaser hereby agrees to pay to the Contractor, prior to the return of the property, all costs incurred by the Contractor in repossessing, demilitarizing, and returning the property;

(B) Repossess, demilitarize, and resell the property, and charge the defaulting Purchaser with all costs incurred by the Contractor. The Contractor shall deduct these costs from the purchase price and refund the balance of the purchase price, if any, to the Purchaser. In the event the costs exceed the purchase price, the defaulting Purchaser hereby agrees to pay these costs to the Contractor; or

(C) Repossess and resell the property under similar terms and conditions. In the event this option is exercised, the Contractor shall charge the defaulting Purchaser with all costs incurred by the Contractor. The Contractor shall deduct these costs from the original purchase price and refund the balance of the purchase price, if any, to the defaulting Purchaser. Should the excess costs to the Contractor exceed the purchase price, the defaulting Purchaser hereby agrees to pay these costs to the Contractor.

(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 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 for Fiscal Year (1) 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 service (i) 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 service (i) 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 Offeror has responded (1) “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 being (B) 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)

52.204-26 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)

52.212-3 ALT I

Offeror Representations and Certifications-Commercial Items. -

(Alternate I) 2014-10

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

Offeror Representations and Certifications-Commercial Items (Jun 2020)

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 which (2) can be accomplished by process or penalties.

means the entity that owns or controls an immediate owner of the offeror, or that Highest-level owner 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) 1000-9999, Manufactured end product 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.

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 in (2) 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 or (4) 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 to (1) 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 does (2) 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, in (i) 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 that (2) is service connected, as defined in 38 U.S.C. 101(16).

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 size standards in this solicitation.13 CFR Part 121

, 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 ) by—(1) 13 CFR 124.105

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 $750,000 (ii) 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.CFR (2) 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.C. (1) 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 owned (1) 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)

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

The offeror has completed the annual representations and certifications electronically in SAM(2) 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 Items, 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 represented (6) 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. [Complete (7) 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 the Note:

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 business (9) Tie bid priority for labor surplus area concerns 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 small .] The offeror represents, as part of its offer, that–business concern in paragraph (c)(1) of this provision

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)

(1) Previous 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.gov/ . (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, U.S.C. 1352) 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.)

The offeror certifies that each end product, except those listed in paragraph (f)(2) of this(1) provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, , an end product that is not a COTS item and does i.e.

not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United 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 FAR(3) part 25.

(g)

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

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(i) (1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.