Attachment 2 - Clauses GROUNDS Dated 23 June 2021.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA302221Q0303 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

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CLAUSE TITLE YEAR-

MO

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

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.

2008-12 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

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC L

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

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

2021-01 SEC I

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05 SEC I

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

2018-03 SEC L

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

2018-01 SEC L

252.223-7004 Drug-Free Work Force. 1988-09 SEC I

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

2020-10 SEC I

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04 SEC I

252.231-7000 Supplemental Cost Principles 1991-12 SEC G

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 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items. 2020-10 SEC I

52.203-18

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- 2017-01 SEC L

Attachment 2 - Clauses GROUNDS Dated 23 June 2021

Representation.

52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I 52.204-7 System for Award Management. 2018-10 SEC K 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I 52.217-3 Evaluation Exclusive of Options. 1984-04 SEC M

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

52.212-1 Instructions to Offerors-Commercial Items. 2021-07 SEC L 52.232-18 Availability of Funds. 1984-04 SEC I 52.217-5 Evaluation of Options. 1990-07 SEC M 52.202-1 Definitions. 2020-06 SEC I 52.203-3 Gratuities. 1984-04 SEC I

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2007-09 SEC K

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06 SEC I

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

2020-06 SEC I

52.204-7 ALT I System for Award Management. - (Alternate I) 2018-10 SEC K 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 SEC I 52.204-13 System for Award Management Maintenance. 2018-10 SEC I

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.222-3 Convict Labor. 2003-06 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-37 Employment Reports on Veterans. 2020-06 SEC I 52.222-41 Service Contract Labor Standards. 2018-08 SEC I

52.222-43 Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option Contracts).

2018-08 SEC I

52.222-50 Combating Trafficking in Persons. 2020-10 SEC I 52.222-54 Employment Eligibility Verification. 2015-10 SEC I 52.222-55 Minimum Wages Under Executive Order 13658. 2020-11 SEC I 52.223-1 Biobased Product Certification. 2012-05 SEC K

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

2013-09 SEC I

52.223-4 Recovered Material Certification. 2008-05 SEC K 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.223-6 Drug-Free Workplace. 2001-05 SEC I 52.223-10 Waste Reduction Program. 2011-05 SEC I

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

2018-08 SEC I

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2020-06 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

52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I 52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I 52.232-17 Interest. 2014-05 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I 52.233-1 Disputes. 2014-05 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.237-1 Site Visit. 1984-04 SEC L

52.237-3 Continuity of Services. 1991-01 SEC I 52.242-13 Bankruptcy. 1995-07 SEC I 52.242-15 Stop-Work Order. 1989-08 SEC F 52.243-1 Changes-Fixed-Price. 1987-08 SEC I 52.245-1 Government Property. 2017-01 SEC I 52.245-9 Use and Charges. 2012-04 SEC I 52.246-4 Inspection of Services-Fixed-Price. 1996-08 SEC E 52.246-25 Limitation of Liability-Services. 1997-02 SEC I

252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 SEC I

252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest-Major Defense Acquisition Program.

2010-12 SEC L

CLAUSES IN FULL TEXT

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CLAUSE TITLE YEAR-

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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(a) to 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)

52.204-19 Incorporation by Reference of Representations and

Certifications.

2014-12

As prescribed in , insert the following clause.4.1202(b)

Incorporation by Reference of Representations and Certifications (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.222-26 Equal Opportunity. 2016-09

As prescribed in , insert the following clause:22.810(e)

Equal Opportunity (Sept 2016)

. As used in this clause.(a) Definition means any payments made to, or on behalf of, an employee or offered to an Compensation applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

means the amount and type of compensation provided to employees or Compensation information offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

means the fundamental job duties of the employment position an individual Essential job functions holds. A job function may be considered essential if-

The access to compensation information is necessary in order to perform that function or(1) another routinely assigned business task; or

The function or duties of the position include protecting and maintaining the privacy of(2) employee personnel records, including compensation information.

has the meaning given by the Department of Labor's Office of Federal Contract Gender identity Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

has the meaning given by the Department of Labor's Office of Federal Sexual orientation Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana United States Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) If, during any 12-month period (including the 12 months preceding the award of this(1) contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States.

Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

If the Contractor is a religious corporation, association, educational institution, or society,(2) the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) The Contractor shall not discriminate against any employee or applicant for employment(1) because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by .5.41 CFR 60-1

The Contractor shall take affirmative action to ensure that applicants are employed, and(2) that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

Employment;(i)

Upgrading;(ii)

Demotion;(iii)

Transfer;(iv)

Recruitment or recruitment advertising;(v)

Layoff or termination;(vi)

Rates of pay or other forms of compensation; and(vii)

Selection for training, including apprenticeship.(viii)

The Contractor shall post in conspicuous places available to employees and applicants for(3) employment the notices to be provided by the Contracting Officer that explain this clause.

The Contractor shall, in all solicitations or advertisements for employees placed by or on(4) behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5) The Contractor shall not discharge or in any other manner discriminate against any(i) employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i)(ii) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

Incorporation into existing employee manuals or handbooks; and(A)

Electronic posting or by posting a copy of the provision in conspicuous places(B) available to employees and applicants for employment.

The Contractor shall send, to each labor union or representative of workers with which it(6) has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

The Contractor shall comply with Executive Order11246, as amended, and the rules,(7) regulations, and orders of the Secretary of Labor.

The Contractor shall furnish to the contracting agency all information required by(8) Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor.

The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41

-1. Unless the Contractor has filed within the 12 months preceding the date of contract CFR Part 60 award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

The Contractor shall permit access to its premises, during normal business hours, by the(9) contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

If the OFCCP determines that the Contractor is not in compliance with this clause or any(10) rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

The Contractor shall include the terms and conditions of this clause in every subcontract(11) or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

The Contractor shall take such action with respect to any subcontract or purchase order as(12) the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Notwithstanding any other clause in this contract, disputes relative to this clause will be(d) governed by the procedures in .41 CFR 60-1

(End of clause)

52.222-35 Equal Opportunity for Veterans. 2020-06

As prescribed in , insert the following clause:22.1310(a)(1)

Equal Opportunity for Veterans (Jun 2020)

. As used in this clause-(a) Definitions

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

Equal opportunity clause. The Contractor shall abide by the requirements of the equal(b) opportunity clause at .5(a), as of March 24, 2014. This clause prohibits discrimination 41 CFR 60-300 against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or(c) above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the

Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06

As prescribed in , insert the following clause:22.1408(a)

Equal Opportunity for Workers with Disabilities (Jun 2020)

Equal opportunity clause. The Contractor shall abide by the requirements of the equal(a) opportunity clause at .5(a), as of March 24, 2014. This clause prohibits discrimination 41 CFR 60-741 against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

Subcontracts. The Contractor shall include the terms of this clause in every subcontract or(b) purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services-Representation.

2019-12

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

PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)

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)

252.232-7006 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 clause-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 processElectronic invoicing.

vendor 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 shall-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-WAWF training.

Based 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,WAWF methods of document submission.

Electronic Data Interchange, or File Transfer Protocol.

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

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the followingDocument type.

document type(s):

(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.

COMBO

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

COMBO

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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 TableDocument routing.

below only to 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 FA3022

Admin DoDAAC FA3022

Inspect By DoDAAC TBD

Ship To Code TBD

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

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

appropriate 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 requirementsReceiving report.

of DFARS Appendix F.

(g) WAWF point of contact.

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

michael.keasler@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

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)

52.204-26 Covered Telecommunications Equipment or Services-

Representation.

2020-10

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

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

As used in this provision, "covered telecommunications equipment or services"(a) Definitions.

and "reasonable inquiry" have 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".

(c) The Offeror represents that it(1) 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.

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 any equipment, system, or service that uses covered telecommunications equipment or services.

(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)

52.209-7 Information Regarding Responsibility Matters. 2018-10

As prescribed at , insert the following provision:9.104-7(b)

Information Regarding Responsibility Matters (OCT 2018)

. As used in this provision-(a) Definitions means a non-judicial process that is adjudicatory in nature in order to Administrative proceeding make a determination of fault or liability ( , Securities and Exchange Commission Administrative e.g.

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

means-Federal contracts and grants with total value greater than $10,000,000

The total value of all current, active contracts and grants, including all priced options; and(1)

The total value of all current, active orders including all priced options under indefinite-(2) delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

means an officer, director, owner, partner, or a person having primary management or Principal supervisory responsibilities within a business entity ( , general manager; plant manager; head of a e.g.

division or business segment; and similar positions).

The offeror(b) has does not have current active Federal contracts and grants with total value greater than $10,000,000.

If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by(c) submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

Whether the offeror, and/or any of its principals, has or has not, within the last five years,(1) in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

In a criminal proceeding, a conviction.(i)

In a civil proceeding, a finding of fault and liability that results in the payment of a(ii) monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

In an administrative proceeding, a finding of fault and liability that results in–(iii)

The payment of a monetary fine or penalty of $5,000 or more; or(A)

The payment of a reimbursement, restitution, or damages in excess of $100,000.(B)

In a criminal, civil, or administrative proceeding, a disposition of the matter by consent(iv) or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

If the offeror has been involved in the last five years in any of the occurrences listed in (c)(2)

(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this(d) provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. 2021-02 52.212-3 Offeror Representations and Certifications-Commercial Items.

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

Offeror Representations and Certifications-Commercial Items (Feb 2021)

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

. As used in this provision-(a) Definitions

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

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

means all work or service-Forced or indentured child labor

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

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

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

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

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

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

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

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

PSG 88, Live Animals;(3)

PSG 89, Subsistence;(4)

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

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

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

PSC 9610, Ores;(8)

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

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

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

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

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

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

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

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

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

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

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

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

-Sensitive technology

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

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

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

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

-Service-disabled veteran-owned small business concern

Means a small business concern-(1)

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

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

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

-Small business concern

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