Attachment 2 - Additional Terms and Conditions.pdf

Attachment 2 – Additional Terms and Conditions

78¡86❶ Solicitation.provisions.and.contract.clauses¡

(a) Required provisions.

(1) Include the provision at 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, in solicitations for commercial products and commercial services.

This provision may be tailored to reflect customary commercial practice, except the paragraph on Debriefings, which is required by statute.

(2) Include the provision at 52.212-2, Evaluation—Commercial Products and Commercial Services, when using the procedures in 12.201-2. This provision may also be used when using the simplified procedures at 12.201-1. This provision should be tailored for the acquisition and must include all evaluation factors and criteria for award.

(3) Include the following provisions, if applicable based on the provision prescription:

Number Title Source

52.203-

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Statute

52.203-

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation Statute

52.204-7 System for Award Management—Registration Statute

52.204-7 with Alt I

System for Award Management—Registration, with Alternate I Statute

52.204- 90 Offeror Identification Statute

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming

Statute

Number Title Source

Arrangements or Joint Ventures (Multiple-Award Contracts)

52.209- 12 Certification Regarding Tax Matters Statute

52.219-2 Equal Low Bids Statute

52.222-

Certification Regarding Knowledge of Child Labor for Listed End Products E.O.

52.222-

Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment– Certification Other

52.222-

Exemption from Application of the Service Contract Labor Standards for Certain Services- Certification Other

52.222-

Certification Regarding Trafficking in Persons Compliance Plan Statute

52.223-4 Recovered Material Certification Statute

52.225-2 Buy American Certificate Statute

52.225-

Prohibition on Conducting Restricted Business Operations in Sudan-Certification Statute

52.225-

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications Statute

52.226-3 Disaster or Emergency Area Representation Statute

52.229-

Tax on Certain Foreign Procurements—Notice and Representation Statute

52.240-

Security Prohibitions and Exclusions Representations and Certifications Statute

Table 12-2 — Provisions to include as prescribed.

(4) The solicitation provision at 52.204-90 is used in lieu of the solicitation provision at 52.204-7 if the solicitation will not require offerors to be registered in the System for Award Management (see policy at 4.203-2). When 52.204-90 is used, also include the individual provisions listed in paragraph (c)(1) of 52.204-7, System for Award Management— Registration, in the solicitation as applicable based on the provision prescriptions (see 4.208(c)).

(b) Required clauses.

(1) Include the clause at 52.212-4, Terms and Conditions—Commercial Products and Commercial Services, in solicitations and contracts for commercial products and commercial services.

(i) Use the clause with its Alternate I when expecting to award a time-and-materials or labor-hour contract or when expecting that orders will include time-and-material line items.

(ii) This clause may be tailored to reflect customary commercial practice, with the exception of the following paragraphs that implement statute: Assignments, Disputes, Payment, Invoice, Compliance with laws unique to Government contracts, Unauthorized obligations, and Comptroller General examination of records.

(iii) Remove the paragraph on Comptroller General examination of records if the agency head has waived this requirement according to the procedures for waivers of right to examination of records in part 25.

(2) Include the clauses in the following table in solicitations and contracts, if applicable based on the clause prescription:

Number Title Source

52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government Statute

52.203-13 Contractor Code of Business Ethics and Conduct Statute

52.203-17 Contractor Employee Whistleblower Rights Statute

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

52.204-9 Personal Identity Verification of Contractor Personnel Other

52.204-13 System for Award Management—Maintenance Statute

52.204-91 Contractor identification Other

52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Statute

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Statute

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Statute

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns Statute

52.219-16 Liquidated Damages—Subcontracting Plan Statute

52.219-33 Nonmanufacturer Rule Statute

52.222-3 Convict Labor EO

52.222-19 Child Labor—Cooperation with Authorities and Remedies EO

52.222-35 Equal Opportunity for Veterans Statute

52.222-35 with Alt I Equal Opportunity for Veterans, with Alternate I Statute

52.222-36 Equal Opportunity for Workers with Disabilities Statute

52.222-36 with Alt I

Equal Opportunity for Workers with Disabilities, with Alternate I Statute

52.222-37 Employment Reports on Veterans Statute

52.222-40 Notification of Employee Rights Under the National Labor Relations Act EO

52.222-41 Service Contract Labor Standards Statute

52.222-42 Statement of Equivalent Rates for Federal Hires Statute

52.222-43

Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) Statute

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment Statute

52.222-50 Combating Trafficking in Persons Statute

52.222-50 with Alt I Combating Trafficking in Persons, with its Alternate I Statute

52.222-51

Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements Other

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements Other

52.222-54 Employment Eligibility Verification EO

52.222-62 Paid Sick Leave Under Executive Order 13706 EO

52.222-90 Addressing DEI Discrimination by Federal Contractors E.O.

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items Statute

52.223-9 with Alt I

Estimate of Percentage of Recovered Material Content for EPA-Designated Items, with Alternate I Statute

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons Statute

52.223-12 Maintenance Statute

52.223-20 Aerosols Statute

52.223-21 Foams Statute

52.223-23 Sustainable Products and Services Statute

52.224-3 Privacy Training Statute

52.224-3 with Alt I Privacy Training, with Alternate I Statute

52.225-1 Buy American-Supplies Statute

52.225-1 with Alt I Buy American-Supplies, with Alternate I Statute

52.225-19

Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States Other

52.225-26 Contractors Performing Private Security Functions Outside the United States Statute

52.226-4 Notice of Disaster or Emergency Area Set-Aside Statute

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area Statute

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving EO

52.229-12 Tax on Certain Foreign Procurements Statute

52.232-29 Terms for Financing of Commercial Products and Commercial Services Statute

52.232-30 Installment Payments of Commercial Products and Commercial Services Statute

52.232-33 Payment by Electronic Funds Transfer—System for Award Management Statute

52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management Statute

52.232-36 Payment by Third Party Statute

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Statute

52.232-9X 52.232-9X, Fast Payment Procedure Statute

52.233-3 Protest After Award Statute

52.233-4 Applicable Law for Breach of Contract Claim Statute

52.240-91 Security Prohibitions and Exclusions Statute

52.240-91 with Alt I Security Prohibitions and Exclusions, with Alternate I Statute

52.240-92 Security Requirements Other

52.240-92 with Alt II Security Requirements with Alternate II Other

52.240-93 Basic Safeguarding of Covered Contractor Information Systems Statute

52.244-6 Subcontracts for Commercial Products and Commercial Services Statute

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Statute

52.247-64 with Alt I

Preference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate I Statute

52.247-64 with Alt II

Preference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate II Statute

Table 12-3 — Clauses to include as prescribed.