Attachment 3-Provisions and Clauses.pdf
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- Attached to
- Kitchen Hoods and Ducts Cleaning
- Solicitation number
- FA449726Q0030
About this file
This document is a contract clauses and provisions list for a Department of Defense solicitation (FA449726Q0030). The document contains two primary sections: a comprehensive list of clauses incorporated by reference and the full text of selected clauses applicable to the contract.
The solicitation incorporates numerous standard federal and defense acquisition regulations, including provisions related to small business set-asides, labor standards, security requirements, representations and certifications, payment procedures, and compliance with various federal statutes. Notable clauses address safeguarding covered defense information, prohibition on covered defense telecommunications equipment, prohibition on procurements from the Xinjiang Uyghur Autonomous Region, business operations restrictions related to the Maduro regime in Venezuela, and continuing essential contractor services during crisis situations. The contract includes mandatory electronic payment submission through the Wide Area Workflow (WAWF) system with specific routing data to Department of Defense Activity Address Codes (F87700 and F1Q3CS). The solicitation establishes a total potential contract duration not to exceed 5 years and 6 months, with options to extend service performance up to 6 additional months. Key provisions require offerors to maintain current representations and certifications in the System for Award Management (SAM), disclose any covered defense telecommunications equipment or services in their offers, and provide detailed continuity of operations plans for mission-essential contractor services lasting up to 30 days during crisis situations. The document does not specify a contract value, response deadline, or particular products or services to be procured.
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DOCUMENT NUMBER
FA449726Q0030
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
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
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09 SEC K
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10 SEC K
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01 SEC I
252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01 SEC I
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.
2023-06 SEC K
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06 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
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09 SEC K
52.203-18 Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements or Statements- Representation.
2017-01 SEC L
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01 SEC I
52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038)
2026-02 SEC I
52.204-7 System for Award Management-Registration. (Deviation 2026- O0038)
2026-02 SEC L
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038)
2026-02 SEC I
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)
2026-02 SEC I
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC L
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC I
52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)
2026-02 SEC I
52.222-3 Convict Labor. (Deviation 2026-O0038) 2026-02 SEC I 52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026-02 SEC I
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038)
2026-02 SEC I
52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) 2026-02 SEC I Notification of Employee Rights Under the National Labor
52.222-40 Relations Act. (Deviation 2026-O0038) 2026-02 SEC I 52.222-41 Service Contract Labor Standards. (Deviation 2026-O0038) 2026-02 SEC I 52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) 2026-02 SEC I 52.222-54 Employment Eligibility Verification. (Deviation 2026-O0038) 2026-02 SEC I
52.222-62 Paid Sick Leave Under Executive Order 13706. (Deviation 2026-O0038)
2026-02 SEC I
52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (Deviation 2026-O0038)
2026-02 SEC I
52.223-23 Sustainable Products. (Deviation 2026-O0038) 2026-02 SEC I
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03 SEC I
52.233-3 Protest after Award. (Deviation 2026-O0038) 2026-02 SEC I
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038)
2026-02 SEC I
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038)
2026-02 SEC K
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) 2026-02 SEC I
52.240-93 Basic Safeguarding of Covered Contractor Information Systems. (Deviation 2026-O0038)
2026-02 SEC I
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04 SEC I
52.249-8 Default (Fixed-Price Supply and Service). 1984-04 SEC I 52.246-4 Inspection of Services-Fixed-Price. 1996-08 SEC E 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I
52.222-1 Notice to the Government of Labor Disputes. (Deviation 2026- O0038)
2026-02 SEC I
52.222-19 Child Labor-Cooperation with Authorities and Remedies.
(Deviation 2026-O0038)
2026-03 SEC I
52.219-6 ALT I Notice of Total Small Business Set-Aside. (Alternate I) 2020-03 SEC I
52.208-9 Contractor Use of Mandatory Sources of Supply or Services.
(Deviation 2026-O0038)
2026-02 SEC I
52.204-91 Contractor Identification. (Deviation 2026-O0038) 2026-02 SEC I
52.204-19 Incorporation by Reference of Representations and Certifications.
2014-12 SEC I
52.204-14 Service Contract Reporting Requirements. (Deviation 2026- O0038)
2026-02 SEC I
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation 2026-O0038)
2026-02 SEC I
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
2014-05 SEC I
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.
2023-01 SEC I
52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
2020-06 SEC I
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04 SEC I
52.233-1 Disputes. (Deviation 2026-O0038) 2026-02 SEC I 52.233-2 Service of Protest. (Deviation 2026-O0038) 2026-02 SEC L 52.217-5 Evaluation of Options. (Deviation 2026-O0038) 2026-02 SEC M 52.232-18 Availability of Funds. 1984-04 SEC I
252.204-7012 DEV 2024-O0013 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)
2024-05 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
CLAUSE TITLE ALT NO/
DEV NO
YEAR-
MO
CLAUSE TEXT
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services-Representation.
2021-05
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 2018 Prohibition (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 Award Procedures 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 has Representation 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 "will Disclosures 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)
252.223-7001 Hazard Warning Labels. 1991-12
HAZARD WARNING LABELS (DEC 1991)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR
1910.1200 et ). The Standard requires that the hazard warning label conform to the requirements of seq the standard unless the material is otherwise subject to the requirements of one of the following labelling statutes:
(1) Federal Insecticide, Fungicide and Act; Rodenticide
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
(5) Federal Alcohol Administration Act.
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be in accordance with one of the Acts in labelled paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
MATERIAL (If None, Insert "None.") ACT
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
(End of clause)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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 process Electronic 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 when WAWF 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 following Document 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.
2IN1
(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 financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table Document 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 F87700
Admin DoDAAC F87700
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) F1Q3CS
Service Acceptor (DoDAAC) F1Q3CS
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 documentation Payment 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 requirements Receiving 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.
436CONS.PKB.ORG@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)
52.212-2 Evaluation-Commercial Products and Commercial Services.
(Deviation) 2026-02
Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
[Insert evaluation factors in the relative order of importance. For requests for proposals, state:
Evaluation factors other than price when combined are [significantly more important than price /approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]
(b) . The Government will evaluate offers for award purposes by adding the Options (if applicable) total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) . A written notice of award or acceptance of an offer furnished to the successful Notice of award Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.217-8 Option to Extend Services. 1999-11
Option to Extend Services (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within with in 30 days before Exercising. [insert the period of time within which the Contracting Officer may exercise the option].
(End of clause)
52.217-9 Option to Extend the Term of the Contract. 2000-03
Option to Extend the Term of the Contract (MAR 2000)
The Government may extend the term of this contract by written notice to the Contractor within (a) 30 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[60
] before the contract expires. The preliminary notice 60days unless a different number of days is inserted does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this(b) option clause.
The total duration of this contract, including the exercise of any options under this clause, shall not(c) exceed (months) (years).5 years and 6 months
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05
Statement of Equivalent Rates for Federal Hires (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause identifies the classes of service employees expected to be 29 CFR Part 4 employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
25190-VENTILATION EQUIPMENT TENDER, WG-5 27.27+29.0%
(End of clause)
52.252-2 Clauses Incorporated by Reference. 1998-02
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://www.acquisition.gov/far-overhaul [Insert one or more Internet addresses]____ ____
(End of clause)
52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02
Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far-overhaul________[Insert one or more Internet addresses]
(End of provision)
52.246-20 Warranty of Services. 2001-05
Warranty of Services (MAY 2001)
"Acceptance," as used in this clause, means the act of an authorized representative of (a) Definition.
the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.
Notwithstanding inspection and acceptance by the Government or any provision concerning the (b) conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor [Contracting Officer shall within 30 days from the date of acceptance by the Government insert the specific period of time in which notice shall be given to the Contractor; e.g.,"within 30 days from the date of acceptance by the Government,"; within 1000 hours of use by the Government;" or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time]. This notice shall state either-
That the Contractor shall correct or reperform any defective or nonconforming services; or(1)
That the Government does not require correction or reperformance.(2)
If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and (c) any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.
If the Government does not require correction or reperformance, the Contracting Officer shall (d) make an equitable adjustment in the contract price.
(End of clause)
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038)
(Alternate I)
ALT I 2026-02
Alternate I (FEB 2026) (DEVIATION 2026-O0038). As prescribed in 40.205(b), substitute the following paragraph (e)(1) for paragraph (e)(1) of the basic clause:
(e) .Governmentwide exclusion and removal orders
(1) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by any applicable FASCSA orders identified by the checkbox(es) in this paragraph (e)(1). [Contracting Officer must select either "yes" or "no" for each of the following types of
:]FASCSA orders
Yes
No
DHS FASCSA Order
Yes
No
DoD FASCSA Order
Yes
No
DNI FASCSA Order
252.237-7023 Continuation of Essential Contractor Services. 2010-10
CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)
(a . As used in this clause- ) Definitions
(1) "Essential contractor service" means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.
(2) "Mission-essential functions" means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.
(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission essential functions. These services are listed in attachment , Mission-Essential Contractor Services, dated .____ ____
(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.
(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.
(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.
(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.
(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.
(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.
(f) . The Contractor shall segregate and separately identify all costs incurred in continuing Changes performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.
(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.
(End of clause)
252.237-7024 Notice of Continuation of Essential Contractor Services. 2010-10
NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)
(a . "Essential contractor service"and "mission-essential functions" have the meanings ) Definitions given in the clause at 252.237-7023, Continuation of Essential Contractor Services, in this solicitation.
(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential contractor services listed in attachment , Mission Essential Attachment 1 – PWS Contractor Services, dated , during periods of crisis. The offeror shall-11 February 2026
(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;
(2) Address in the plan, at a minimum-
(i) Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;
(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;
(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;
(iv) Any established alert and notification procedures for mobilizing identified "essential contractor service" personnel; and
(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.
(End of provision)
252.204-7998 Alternate A, Annual Representations and Certifications.
(DEVIATION 2026-O0043)
ALT A
2026-O0043 2026-02
Alternate A, Annual Representations and Certifications (DEVIATION 2026-O0043)(FEB 2026)
Include the following paragraphs (e), (f), and (g) in the provision at FAR 52.204-7:
(e)(1) If the provision at FAR 52.204-7, System for Award Management Registration, is included -in this solicitation, paragraph (g) of this provision applies.
(2) If the provision at FAR 52.204-7, System for Award Management - Registration, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (g) 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 (g) applies.
(ii) Paragraph (g) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(f)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services-- Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations. Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vi) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [ ]Contracting Officer check as appropriate.
(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
(ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
(iii) 252.225-7020, Trade Agreements Certificate.
Use with Alternate I.
(iv) 252.225-7031, Secondary Arab Boycott of Israel.
(v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
Use with Alternate I.
Use with Alternate II.
Use with Alternate III.
Use with Alternate IV.
Use with Alternate V.
(vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.
(vii) 252.232-7015, Performance-Based Payments--Representation.
(g) The Offeror has completed the annual representations and certifications electronically via the SAM website at After reviewing the SAM database information, the Offeror https://www.sam.gov verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-7 and paragraph (f) 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 4.203-1); except for the changes identified below [Offeror to insert changes, identifying
]. These amended representation(s) and/or certification(s) are also change by provision number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS provision No. 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 located in the SAM database.
(End of provision)
File details come from the government source that posted it. Updated .