Attachment 3 - Provisions and Clauses.pdf

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Attached to
400Hz Parts BPA
Solicitation number
FA462526Q1044
Issued by

About this file

This document is a Clauses Incorporated by Reference list for Air Force contract FA462526Q1044, establishing the regulatory and contractual framework for a commercial products and services procurement.

The solicitation incorporates over 50 federal and defense acquisition clauses covering compliance, security, labor standards, and socioeconomic requirements. Key compliance areas include safeguarding covered defense information and cyber incident reporting (252.204-7012), prohibition on covered defense telecommunications equipment (252.204-7018), and restrictions on business operations with the Maduro regime (252.225-7056). Buy American requirements are enforced under 252.225-7001 with exceptions for Free Trade Agreement countries and Israeli products. Labor and workforce protections include prohibitions on convict labor, child labor, and trafficking in persons, along with equal opportunity provisions for workers with disabilities. The solicitation is designated as a total small business set-aside under 52.219-6, limiting competition to certified small businesses. Payment terms specify mandatory electronic funds transfer through the System for Award Management (SAM) and governmentwide commercial purchase card utilization. Additional provisions address system security certifications, subcontractor protections, and accelerated payment authority for small business subcontractors. The document references detailed certification and representation requirements for end products, including country-of-origin determinations and critical component disclosures aligned with Federal Acquisition Regulation Part 25 trade agreement policies. Two full-text clauses are included addressing covered defense telecommunications equipment representations and Buy American-Free Trade Agreements-Israeli Trade Act certifications.

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Attachment 1 - Part List.pdf PDF
Attachment 2 - Bid Schedule.pdf PDF

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Text version

DOCUMENT NUMBER

FA462526Q1044

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

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

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05 SEC I

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 252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2024-02 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03 SEC I

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.

2018-05 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.246-7008 Sources of Electronic Parts. 2023-01 SEC I 252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I

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

52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L

52.219-6 Notice of Total Small Business Set-Aside. (Deviation 2026- O0038)

2026-02 SEC I

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

(Deviation 2026-O0038)

2026-03 SEC I

52.222-3 Convict Labor. (Deviation 2026-O0038) 2026-02 SEC I

52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038)

2026-02 SEC I

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) 2026-02 SEC I

52.222-90 Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040, Revision 1)

2026-04 SEC I

52.223-23 Sustainable Products. (Deviation 2026-O0038) 2026-02 SEC I

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

(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

52.232-36 Payment by Third Party. (Deviation 2026-O0038) 2026-02 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

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04 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 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)

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act

Certificate. (Deviation 2026-O0038) 2026-02

Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Feb 2026) (Deviation 2026- O0038)

(a)

(1) The Offeror certifies that each end product, except those listed in paragraph (b) or (c)(1) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c)(2) of this provision contains a critical component.

(2) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(b) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line item No. Country of origin

[ ]List as necessary (c)

(1) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Other Foreign End Products:

Line Item No. Country of origin

[ ]List as necessary

(2) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ____

[ ]List as necessary

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

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