Attachment 2 - Provisions and Clauses.pdf

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

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MO SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

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

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the and Tungsten.

Enterprises, and Native Hawaiian Small Business Concerns.

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

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

52.204-13 System for Award Management Maintenance. 2018-10 SEC I

52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

2014-12 SEC I

2011-05 SEC I

Contract-Related Felonies.

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

Government of a Country that is a State Sponsor of Terrorism.

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

Content Paper.

52.211-17 Delivery of Excess Quantities. 1989-09 SEC F 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I

52.242-13 Bankruptcy. 1995-07 SEC I 52.246-16 Responsibility for Supplies. 1984-04 SEC E

2016-05 SEC I

2021-01 SEC I

2019-05 SEC I

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, 2020-10 SEC I

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic 2019-04 SEC I

252 232-7003 Electronic Submission of Payment Requests and Receiving 2018-12 SEC G Reports.

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252 232-7017 Accelerating Payments to Small Business Subcontractors- 2020-04 SEC I Prohibition on Fees and Consideration.

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

52.202-1 Definitions. 2020-06 SEC I

2011-09 SEC I

2008-12 SEC I

2020-06 SEC I

2020-06 SEC I

52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 SEC E 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I 52.249-8 Default (Fixed-Price Supply and Service). 1984-04 SEC I

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TEXT

52.232-11 Extras. 1984-04

As prescribed in 32.111(c)(2), insert the following clause, appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:

Extras (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of clause)

52.232-8 Discounts for Prompt Payment. 2002-02

As prescribed in 32.111(b)(1), insert the following clause:

Discounts for Prompt Payment (FEB 2002)

(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

Class Deviation 2018-O0021 Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System

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) Definitions. As used in this clause-

"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) Electronic invoicing. The WAWF system provides the method to electronically process 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) WAWF access. To access WAWF, the Contractor shall-

(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web- 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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

(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.

(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) Document routing. The Contractor shall use the information in the Routing Data Table 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

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

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) Payment request. The Contractor shall ensure a payment request includes documentation 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) Receiving report. The Contractor shall ensure a receiving report meets the requirements 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.

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

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

52.252-2 Clauses Incorporated by Reference. 1998-02

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://aquisition.gov [Insert one or more Internet addresses]

(End of clause)

52.252-4 Alterations in Contract. 1984-04

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

Alterations in Contract (APR 1984)

Portions of this contract are altered as follows:

https://aquisition.gov

52.252-6 Authorized Deviations in Clauses. 2020-11

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.204-1 Approval of Contract. 1989-12

As prescribed in 4.103 , insert the following clause:

Approval of Contract (DEC 1989) of [Capt Alexander Wagner] This contract is subject to the written approval and shall not be binding until so approved.

(End of clause)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 ACC Ombudsman 2019-10

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsmandoes not affect the authority o f the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate inthe evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Deputy Director of Contracting, AFICC/KC (OL-ACC), 114 Thompson Street, Bldg 586, Room 129, Langley AFB, VA 23665, telephone (757) 764-5372 (DSN 574-5372) email: acc.

a7k1@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256- 2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date