Attachment 2 - Clauses and Provisions.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA4419-21-Q-0037

CLAUSES INCORPORATED BY REFERENCE

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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.

2011-11 SEC K

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

252.204-7015 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

252.215-7013 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 252.225-7031 Secondary Arab Boycott of Israel . 2005-06 SEC K 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. 2020-10 SEC I

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12 SEC I

52.204-22 Alternative Line Item Proposal. 2017-01 SEC L

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.219-33 Nonmanufacturer Rule. 2020-03 SEC I 52.223-19 Compliance with Environmental Management Systems. 2011-05 SEC I

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and

Certifications.

2020-06 SEC K

52.233-3 Protest after Award. 1996-08 SEC I 52.237-1 Site Visit. 1984-04 SEC L

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

1984-04 SEC I

52.243-1 ALT I Changes-Fixed-Price. - (Alternate I) 1987-08 SEC I

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).

1984-04 SEC I

52.202-1 Definitions. 2020-06 SEC I

52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other 2018-07 SEC I

Covered Entities.

52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.244-6 Subcontracts for Commercial Items. 2021-07 SEC I 52.204-7 System for Award Management. 2018-10 SEC K

CLAUSES IN FULL TEXT

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52.211-8 ALT III Time of Delivery. - (Alternate III) 1984-04

As prescribed in , insert the following clause:11.404(a)(2)

Time of Delivery (June 1997)

The Government requires delivery to be made according to the following schedule:(a)

Required Delivery Schedule

[ ]Contracting Officer insert specific details

Item No. Quantity Within Days After Date of

Contract

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Offeror's Proposed Delivery Schedule

Item No. Quantity Within Days After Date of

Contract

Attention is directed to the Contract Award provision of the solicitation that provides that a(b) written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

Alternate III ( 1984)Apr . If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph (b) of the basic clause.

The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading for the third column of paragraph (a) of the basic clause.

52.247-12 Supervision, Labor, or Materials. 1984-04

As prescribed in , insert a clause substantially as follows in solicitations and contracts for 47.207-5(b) transportation or for transportation-related services when the contractor is required to furnish supervision, labor, or materials:

Supervision, Labor, or Materials (APR 1984)

The Contractor shall furnish adequate supervision, labor, materials, supplies, and equipment necessary to perform all the services contemplated under this contract in an orderly, timely, and efficient manner.

(End of clause)

52.232-1 Payments. 1984-04

As prescribed in , insert the following clause, appropriately modified with respect to 32.111(a)(1) payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

Payments (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

The amount due on the deliveries warrants it; or(a)

The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent(b) of the total contract price.

(End of clause)

52.212-1 Instructions to Offerors-Commercial Items. 2021-07

As prescribed in , insert the following provision:12.301(b)(1)

Instructions to Offerors-Commercial Items (Jun 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

. Submit signed and dated offers to the office specified in this solicitation(b) Submission of offers at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

The solicitation number;(1)

The time specified in the solicitation for receipt of offers;(2)

The name, address, and telephone number of the offeror;(3)

A technical description of the items being offered in sufficient detail to evaluate(4) compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

Terms of any express warranty;(5)

Price and any discount terms;(6)

"Remit to" address, if different than mailing address;(7)

A completed copy of the representations and certifications at FAR 52.212-3 (see FAR(8) 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

Acknowledgment of Solicitation Amendments;(9)

Past performance information, when included as an evaluation factor, to include recent(10) and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

If the offer is not submitted on the SF 1449, include a statement specifying the extent of(11) agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

. The offeror agrees to hold the prices in its offer firm for 30(c) Period for acceptance of offers calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

. When required by the solicitation, product samples shall be submitted at or(d) Product samples prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

. Offerors are encouraged to submit multiple offers presenting alternative terms(e) Multiple offers and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

Late submissions, modifications, revisions, and withdrawals of offers.(f) Offerors are(1) responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) Any offer, modification, revision, or withdrawal of an offer received at the Government(i) office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

If it was transmitted through an electronic commerce method authorized by the(A) solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:

00 p.m. one working day prior to the date specified for receipt of offers; or

There is acceptable evidence to establish that it was received at the Government(B) installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

If this solicitation is a request for proposals, it was the only proposal received.(C)

However, a late modification of an otherwise successful offer, that makes its terms more(ii) favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the Government installation includes(3) the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

If an emergency or unanticipated event interrupts normal Government processes so that(4) offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Offers may be withdrawn by written notice received at any time before the exact time set(5) for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

). The Government intends to evaluate(g) Contract award (not applicable to Invitation for Bids offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

. The Government may accept any item or group of items of an offer, unless(h) Multiple awards the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

Availability of requirements documents cited in the solicitation.(i)

(1) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions,(i)

FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service

Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

If the General Services Administration, Department of Agriculture, or Department of(ii) Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

Most unclassified Defense specifications and standards may be downloaded from the(2) following ASSIST websites:

ASSIST ( https://assist.dla.mil/online/start/).(i)

Quick Search ( http://quicksearch.dla.mil/).(ii)

ASSISTdocs.com (http://assistdocs.com).(iii)

Documents not available from ASSIST may be ordered from the Department of Defense(3) Single Stock Point (DoDSSP) by-

Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);(i)

Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600(ii) EST; or

Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA(iii) 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

Nongovernment (voluntary) standards must be obtained from the organization responsible(4) for their preparation, publication, or maintenance.

(Applies to all offers that exceed the micro-purchase threshold, and (j) Unique entity identifier.

offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

[Reserved](k)

. If a post-award debriefing is given to requesting offerors, the Government shall (l) Debriefing disclose the following information, if applicable:

The agency's evaluation of the significant weak or deficient factors in the debriefed (1) offeror's offer.

The overall evaluated cost or price and technical rating of the successful and the debriefed (2) offeror and past performance information on the debriefed offeror.

The overall ranking of all offerors, when any ranking was developed by the agency during (3) source selection.

A summary of the rationale for award;(4)

For acquisitions of commercial items, the make and model of the item to be delivered by (5) the successful offeror.

Reasonable responses to relevant questions posed by the debriefed offeror as to whether (6) source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

252.204-7016 Covered Defense Telecommunications Equipment or Services-

Representation.

2020-11

As prescribed in 204.2105(a), use the following provision:

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) . As used in this provision, "covered defense telecommunications equipment or Definitions services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) . The Offeror shall review the list of excluded parties in the System for AwardProcedures Management (SAM) ( ) for entities excluded from receiving federal awards for https://www.sam.gov "covered defense telecommunications equipment or services".

(c) . The Offeror represents that itRepresentation does, does not provide covered defense 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)

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services-Representation.

2021-05

As prescribed in 204.2105(b), use the following provision:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense 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."

(a) . "Covered defense telecommunications equipment or services," "covered mission,"Definitions "critical technology," and "substantial or essential component," as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018Prohibition (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) . The Offeror shall review the list of excluded parties in the System for AwardProcedures Management (SAM) at for entities that are excluded when providing any https://www.sam.gov equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) . If in its annual representations and certifications in SAM the Offeror hasRepresentation represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does" provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) . If the Offeror has represented in paragraph (d) of this provision that it "willDisclosures provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

252.225-7000 Buy American--Balance of Payments Program Certificate. 2014-11

. As prescribed in 225.1101(1) and (1)(i), use the following provision: Basic

BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE-BASIC (NOV 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States," as used in this provision, have the meanings given in the Buy American and Balance of Payments Program-Basic clause of this solicitation.

(b) The Government-Evaluation.

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program-Basic clause of this solicitation, the offeror certifies that-

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the or a qualifying United States country.

(2) The offeror certifies that the following end products are qualifying country end products:

Line Item Number Country of Origin

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of "domestic end product":

Line Item Number Country of Origin (If known)

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

2020-10

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 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 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 Items. 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(1) Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 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)

52.204-8 Annual Representations and Certifications. 2020-03

As prescribed in , insert the following provision:4.1202(a)

Annual Representations and Certifications (Mar 2020)

(a) The North American Industry Classification System (NAICS) code for this acquisition is(1)

[insert NAICS code].337910

The small business size standard is [insert size standard].(2) 1000 emp

The small business size standard for a concern which submits an offer in its own name, (3) other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) If the provision at 52.204-7, System for Award Management, is included in this solicitation, (1) paragraph (d) of this provision applies.

If the provision at 52.204-7, System for Award Management, is not included in this (2) solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i)

Paragraph (d) applies.

(ii)

Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The following representations or certifications in SAM are applicable to this solicitation as(1) indicated:

52.203-2, Certificate of Independent Price Determination. This provision applies to(i) solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

The acquisition is to be made under the simplified acquisition procedures in part 13;(A)

The solicitation is a request for technical proposals under two-step sealed bidding(B) procedures; or

The solicitation is for utility services for which rates are set by law or regulation.(C)

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain(ii) Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal(iii) Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

52.204-3, Taxpayer Identification. This provision applies to solicitations that do not(iv) include the provision at 52.204-7, System for Award Management.

52.204-5, Women-Owned Business (Other Than Small Business). This provision(v) applies to solicitations that-

Are not set aside for small business concerns;(A)

Exceed the simplified acquisition threshold; and(B)

Are for contracts that will be performed in the United States or its outlying areas.(C)

52.204-26, Covered Telecommunications Equipment or Services-Representation. This(vi) provision applies to all solicitations.

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-(vii) Representation.

52.209-5, CertificationRegarding Responsibility Matters. This provision applies to(viii) solicitations where the contract value is expected to exceed the simplified acquisition threshold.

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a(ix) Felony Conviction under any Federal Law. This provision applies to all solicitations.

52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations(x) for bids except those in which the place of performance is specified by the Government.

52.215-6, Place of Performance. This provision applies to solicitations unless the place(xi) of performance is specified by the Government.

52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This(xii) provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

The basic provision applies when the solicitations are issued by other than DoD,(A) NASA, and the Coast Guard.

The provision with its Alternate I applies to solicitations issued by DoD, NASA, or(B) the Coast Guard.

The provision with its Alternate II applies to solicitations that will result in a(C) multiple-award contract with more than one NAICS code assigned.

52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by(xiii) sealed bidding and the contract will be performed in the United States or its outlying areas.

52.222-22, Previous Contracts and Compliance Reports. This provision applies to(xiv) solicitations that include the clause at 52.222-26, Equal Opportunity.

52.222-25, Affirmative Action Compliance. This provision applies to solicitations,(xv) other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

52.222-38, Compliance with Veterans' Employment Reporting Requirements. This(xvi) provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

52.223-1, Biobased Product Certification. This provision applies to solicitations that(xvii) require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

52.223-4, Recovered Material Certification. This provision applies to solicitations(xviii) that are for, or specify the use of, EPA–designated items.

52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-(xix) Representation. This provision applies to solicitations that include the clause at 52.204-7.)

52.225-2, Buy American Certificate. This provision applies to solicitations containing(xx) the clause at 52.225-1.

52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic,(xxi) Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

If the acquisition value is less than $25,000, the basic provision applies.(A)

If the acquisition value is $25,000 or more but is less than $50,000, the provision(B) with its Alternate I applies.

If the acquisition value is $50,000 or more but is less than $83,099, the provision(C) with its Alternate II applies.

If the acquisition value is $83,099 or more but is less than $100,000, the provision(D) with its Alternate III applies.

52.225-6, Trade Agreements Certificate. This provision applies to solicitations(xxii) containing the clause at 52.225-5.

52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-(xxiii) Certification. This provision applies to all solicitations.

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or (xxiv) Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

52.226-2, Historically Black College or University and Minority Institution (xxv) Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

The following representations or certifications are applicable as indicated by the (2) Contracting Officer:

[ ]Contracting Officer check as appropriate.

52.204-17, Ownership or Control of Offeror.(i)

52.204-20, Predecessor of Offeror.(ii)

52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.(iii)

52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for (iv) Maintenance, Calibration, or Repair of Certain Equipment- Certification.

52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for (v) Certain Services-Certification.

52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–(vi) Designated Products (Alternate I only).

52.227-6, Royalty Information.(vii)

Basic.(A)

Alternate I.(B)

52.227-15, Representation of Limited Rights Data and Restricted Computer Software.(viii)

The offeror has completed the annual representations and certifications electronically in SAM (d) website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, ]. These amended representation(s) and/or certification(s) are also incorporated in this offer and title, date are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

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 on SAM.

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations-Representation.

2015-11

As prescribed in , insert the following provision:9.108-5(a)

Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015)

. "Inverted domestic corporation" and "subsidiary" have the meaning given in the (a) Definitions clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209- 10).

Government agencies are not permitted to use appropriated (or otherwise made available) (b) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

. The Offeror represents that-(c) Representation

It(1) is, is not an inverted domestic corporation; and

It(2) is, is not a subsidiary of an inverted domestic corporation.

52.219-1 Small Business Program Representations. 2020-11

As prescribed in , insert the following provision:19.309(a)(1)

Small Business Program Representations (Nov 2020)

. As used in this provision-(a) Definitions

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small 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 concern eligible under the WOSB Program.

-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 veterans or, 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 the size standard in paragraph (b) of this provision.

, 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 with , means a small business Small disadvantaged business concern 13 CFR 124.1002 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 at ) and economically(i) 13 CFR 124.103 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 ; and13 CFR 124.104(c)(2)

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

"Veteran-owned small business concern" means a 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.

"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 least 51 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)

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance 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.

(b) The North American Industry Classification System (NAICS) code for this acquisition is-(1) [insert NAICS code].____

The small business size standard is [insert size standard].(2) ____

The small business size standard for a concern which submits an offer in its own name,(3) other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.

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

[Complete only if the offeror represented itself as a small business concern in paragraph (c)(2)

(1) of this provision.] The offeror represents that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002

[Complete only if the offeror represented itself as a small business concern in paragraph (c)(3)

(1) of this provision.] The offeror represents as part of its offer that it is, is not a women-owned small business concern.

Women-owned small business (WOSB) concern eligible under the WOSB Program.(4) [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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. (5) [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-

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

It(ii) is, is not a joint…