Attachment 3 - Provisions and Clauses.pdf

Provisions and Clauses

Incorporated by Reference:

Provisions

52.204-7 System for Award Management

52.204-16 Commercial and Government En�ty Code Repor�ng

52.204-22 Alterna�ve Line Item Proposal.

52.204-24 Representa�on Regarding Certain Telecommunica�ons and Video Surveillance Services or Equipment

52.209-7 Informa�on Regarding Responsibility Ma�ers

52.212-1 Instruc�ons to Offerors—Commercial Products and Commercial Services

52.212-2 Evalua�on–Commercial Items.

52.212-3 Offeror Representa�ons and Cer�fica�ons—Commercial Products and Commercial Services--Alternate I

52.222-48 Exemp�on from Applica�on of the Service Contract Labor Standards to Contracts for Maintenance, Calibra�on, or Repair of Certain Equipment-Cer�fica�on

52.229-11 Tax on Certain Foreign Procurements—No�ce and Representa�on.

252.203-7005 Representa�on Rela�ng to Compensa�on of Former DoD Officials

252.204-7008 Compliance with Safeguarding Covered Defense Informa�on Controls

252.204-7017 Prohibi�on on the Acquisi�on of Covered Defense Telecommunica�ons Equipment or Services--Representa�on

252.215-7007 No�ce of Intent to Resolicit

252.215-7008 Only One Offer.

252.215-7013 Supplies and Services Provided by Nontradi�onal Defense Contractors.

Clauses

52.203-3 Gratui�es

52.203-12 Limita�on on Payments to Influence Certain Federal Transac�ons

52.204-13 System for Award Management Maintenance

52.204-18 Commercial and Government En�ty Code Maintenance

52.212-4 Contract Terms and Condi�ons—Commercial Products and Commercial Services

52.232-39 Unenforceability of Unauthorized Obliga�ons

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.237-2 Protec�on of Government Buildings, Equipment, and Vegeta�on.

252.203-7000 Requirements Rela�ng to Compensa�on of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.204-7003 Control of Government Personnel Work Product

252.204-7012 Safeguarding Covered Defense Informa�on and Cyber Incident Repor�ng

252.204-7015 No�ce of Authorized Disclosure of Informa�on for Li�ga�on Support

252.204-7018 Prohibi�on on the Acquisi�on of Covered Defense Telecommunica�ons Equipment or Services

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

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

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

252.223-7008 Prohibi�on of Hexavalent Chromium

252.225-7001 Buy American and Balance of Payments Program.

252.225-7002 Qualifying Country Sources as Subcontractors.

252.225-7048 Export-Controlled Items

252.226-7001 U�liza�on of Indian Organiza�ons, Indian-Owned Economic Enterprises, and Na�ve Hawaiian Small Business Concerns

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

252.232-7017 Accelera�ng Payments to Small Business Subcontractors-Prohibi�on on Fees and Considera�on.

252.237-7010 Prohibi�on on Interroga�on of Detainees by Contractor Personnel.

252.243-7001 Pricing of Contract Modifica�ons.

252.243-7002 Requests for Equitable Adjustment

252.244-7000 Subcontracts for Commercial Items

252.247-7023 Transporta�on of Supplies by Sea--Basic

Full Text:

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

This solicita�on incorporates one or more solicita�on provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contrac�ng Officer will make their full text available. The offeror is cau�oned that the listed provisions may include blocks that must be completed by the offeror and submi�ed with its quota�on or offer. In lieu of submi�ng the full text of those provisions, the offeror may iden�fy the provision by paragraph iden�fier and provide the appropriate informa�on with its quota�on or offer. Also, the full text of a solicita�on provision may be accessed electronically at this/these address(es):

FAR: www.acquisi�on.gov

DFARS: www.acquisi�on.gov/dfars

(End of Provision)

52.252-2 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 Contrac�ng Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: www.acquisi�on.gov

DFARS: www.acquisi�on.gov/dfars

(End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Defini�ons. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( e.g. , connec�ng cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( e.g. , fiber op�c, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunica�ons equipment or services means–

(1) Telecommunica�ons equipment produced by Huawei Technologies Company or ZTE

Corpora�on (or any subsidiary or affiliate of such en��es);

(2) For the purpose of public safety, security of Government facili�es, physical security surveillance of cri�cal infrastructure, and other na�onal security purposes, video surveillance and telecommunica�ons equipment produced by Hytera Communica�ons Corpora�on, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such en��es);

(3) Telecommunica�ons or video surveillance services provided by such en��es or using such equipment; or http://www.acquisition.gov/ http://www.acquisition.gov/dfars http://www.acquisition.gov/ http://www.acquisition.gov/dfars

(4) Telecommunica�ons or video surveillance equipment or services produced or provided by an en�ty that the Secretary of Defense, in consulta�on with the Director of Na�onal Intelligence or the Director of the Federal Bureau of Inves�ga�on, reasonably believes to be an en�ty owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Cri�cal technology means–

(1) Defense ar�cles or defense services included on the United States Muni�ons List set forth in the Interna�onal Traffic in Arms Regula�ons under subchapter M of chapter I of �tle 22, Code of Federal Regula�ons;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administra�on Regula�ons under subchapter C of chapter VII of �tle 15, Code of Federal Regula�ons, and controlled-

(i) Pursuant to mul�lateral regimes, including for reasons rela�ng to na�onal security, chemical and biological weapons prolifera�on, nuclear nonprolifera�on, or missile technology; or

(ii) For reasons rela�ng to regional stability or surrep��ous listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, so�ware, and technology covered by part 810 of �tle 10, Code of Federal Regula�ons (rela�ng to assistance to foreign atomic energy ac�vi�es);

(4) Nuclear facili�es, equipment, and material covered by part 110 of �tle 10, Code of Federal Regula�ons (rela�ng to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of �tle 7, Code of Federal Regula�ons, part 121 of �tle 9 of such Code, or part 73 of �tle 42 of such Code; or

(6) Emerging and founda�onal technologies controlled pursuant to sec�on 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnec�on arrangements means arrangements governing the physical connec�on of two or more networks to allow the use of another's network to hand off traffic where it is ul�mately delivered ( e.g. , connec�on of a customer of telephone provider A to a customer of telephone company B) or sharing data and other informa�on resources.

Reasonable inquiry means an inquiry designed to uncover any informa�on in the en�ty's possession about the iden�ty of the producer or provider of covered telecommunica�ons equipment or services used by the en�ty that excludes the need to include an internal or third-party audit.

Roaming means cellular communica�ons services ( e.g. , voice, video, data) received from a visited network when unable to connect to the facili�es of the home network either because signal coverage is too weak or because traffic is too high.

Substan�al or essen�al component means any component necessary for the proper func�on or performance of a piece of equipment, system, or service.

(b) Prohibi�on . (1) Sec�on 889(a)(1)(A) of the John S. McCain Na�onal Defense Authoriza�on Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an execu�ve agency on or a�er 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 telecommunica�ons equipment or services as a substan�al or essen�al component of any system, or as cri�cal technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunica�ons equipment or services as a substan�al or essen�al component of any system, or as cri�cal technology as part of any system, unless an excep�on at paragraph (c) of this clause applies or the covered telecommunica�on equipment or services are covered by a waiver described in FAR 4.2104 .

(2) Sec�on 889(a)(1)(B) of the John S. McCain Na�onal Defense Authoriza�on Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an execu�ve agency on or a�er August 13, 2020, from https://www.acquisition.gov/far/4.2104#FAR_4_2104 entering into a contract, or extending or renewing a contract, with an en�ty that uses any equipment, system, or service that uses covered telecommunica�ons equipment or services as a substan�al or essen�al component of any system, or as cri�cal technology as part of any system, unless an excep�on at paragraph (c) of this clause applies or the covered telecommunica�on equipment or services are covered by a waiver described in FAR 4.2104 . This prohibi�on applies to the use of covered telecommunica�ons equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Excep�ons. This clause does not prohibit contractors from providing—

(1) A service that connects to the facili�es of a third-party, such as backhaul, roaming, or interconnec�on arrangements; or

(2) Telecommunica�ons equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Repor�ng requirement. (1) In the event the Contractor iden�fies covered telecommunica�ons equipment or services used as a substan�al or essen�al component of any system, or as cri�cal technology as part of any system, during contract performance, or the Contractor is no�fied of such by a subcontractor at any �er or by any other source, the Contractor shall report the informa�on in paragraph (d)(2) of this clause to the Contrac�ng Officer, unless elsewhere in this contract are established procedures for repor�ng the informa�on; in the case of the Department of Defense, the Contractor shall report to the website at h�ps://dibnet.dod.mil . For indefinite delivery contracts, the Contractor shall report to the Contrac�ng Officer for the indefinite delivery contract and the Contrac�ng Officer(s) for any affected order or, in the case of the Department of Defense, iden�fy both the indefinite delivery contract and any affected orders in the report provided at h�ps://dibnet.dod.mil .

(2) The Contractor shall report the following informa�on pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such iden�fica�on or no�fica�on: the contract number; the order number(s), if applicable; supplier name; supplier unique en�ty iden�fier (if known);

supplier Commercial and Government En�ty (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item descrip�on;

and any readily available informa�on about mi�ga�on ac�ons undertaken or recommended.

(ii) Within 10 business days of submi�ng the informa�on in paragraph (d)(2)(i) of this clause:

any further available informa�on about mi�ga�on ac�ons undertaken or recommended. In addi�on, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunica�ons equipment or services, and any addi�onal efforts that will be incorporated to prevent future use or submission of covered telecommunica�ons equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisi�on of commercial items.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Contractor shall comply with the following Federal Acquisi�on Regula�on (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Execu�ve orders applicable to acquisi�ons of commercial products and commercial services:

https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

(1) 52.203-19, Prohibi�on on Requiring Certain Internal Confiden�ality Agreements or Statements (JAN 2017) (sec�on 743 of Division E, Title VII, of the Consolidated and Further Con�nuing Appropria�ons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria�ons acts (and as extended in con�nuing resolu�ons)).

(2) 52.204-23, Prohibi�on on Contrac�ng for Hardware, So�ware, and Services Developed or Provided by Kaspersky Lab and Other Covered En��es (NOV 2021) (Sec�on 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibi�on on Contrac�ng for Certain Telecommunica�ons and Video Surveillance Services or Equipment. (NOV 2021) (Sec�on 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibi�on on Contrac�ng with Inverted Domes�c Corpora�ons (Nov 2015).

(5) 52.233-3, Protest A�er Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contrac�ng Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu�ve orders applicable to acquisi�ons of commercial products and commercial services:

[Contrac�ng Officer check as appropriate.]

___ (1) 52.203-6, Restric�ons on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protec�ons under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Sec�on 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X_ (4) 52.204-10, Repor�ng Execu�ve Compensa�on and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Repor�ng Requirements (Oct 2016) (Pub. L. 111-117, sec�on 743 of Div. C).

___ (7) 52.204-15, Service Contract Repor�ng Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, sec�on 743 of Div. C).

_X__ (8) 52.209-6, Protec�ng the Government's Interest When Subcontrac�ng with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Informa�on Regarding Responsibility Ma�ers (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, No�ce of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

__X__ (12) 52.219-4, No�ce of Price Evalua�on Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, No�ce of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, No�ce of Par�al Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, U�liza�on of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__X__ (17)(i) 52.219-9, Small Business Subcontrac�ng Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, No�ce of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limita�ons on Subcontrac�ng (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontrac�ng Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, No�ce of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

__X__ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresenta�on (SEP 2021) (15 U.S.C.

632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, No�ce of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, No�ce of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

__X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

__X__(28) 52.222-19, Child Labor--Coopera�on with Authori�es and Remedies (JAN 2020) (E.O.

13126).

__X__ (29) 52.222-21, Prohibi�on of Segregated Facili�es (APR 2015).

__X__ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

__X__ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

__X__ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabili�es (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

__X__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, No�fica�on of Employee Rights Under the Na�onal Labor Rela�ons Act (DEC 2010) (E.O. 13496).

__X__ (35)(i) 52.222-50, Comba�ng Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verifica�on (NOV 2021). (E. O. 12989). (Not applicable to the acquisi�on of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Es�mate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisi�on of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisi�on of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Deple�ng Substances and High Global Warming Poten�al Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigera�on Equipment and Air Condi�oners (JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisi�on of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisi�on of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisi�on of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

__X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__ (51) 52.225-13, Restric�ons on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclama�ons, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Func�ons Outside the United States (OCT 2016) (Sec�on 862, as amended, of the Na�onal Defense Authoriza�on Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

____ (53) 52.226-4, No�ce of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restric�ons on Subcontrac�ng Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X__ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contrac�ng Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu�ve orders applicable to acquisi�ons of commercial products and commercial services: [Contrac�ng Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Mul�ple Year and Op�on Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

__X___ (5) 52.222-51, Exemp�on from Applica�on of the Service Contract Labor Standards to Contracts for Maintenance, Calibra�on, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemp�on from Applica�on of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages Under Execu�ve Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Execu�ve Order 13706 (JAN 2017) (E.O. 13706).

_____ (9) 52.226-6, Promo�ng Excess Food Dona�on to Nonprofit Organiza�ons (JUN 2020) (42 U.S.C.

1792).

(d) Comptroller General Examina�on of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisi�on threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Nego�a�on.

(1) The Comptroller General of the United States, or an authorized representa�ve of the Comptroller General, shall have access to and right to examine any of the Contractor's directly per�nent records involving transac�ons related to this contract.

(2) The Contractor shall make available at its offices at all reasonable �mes the records, materials, and other evidence for examina�on, audit, or reproduc�on, un�l 3 years a�er final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Reten�on, of the other clauses of this contract. If this contract is completely or par�ally terminated, the records rela�ng to the work terminated shall be made available for 3 years a�er any resul�ng final termina�on se�lement.

Records rela�ng to appeals under the disputes clause or to li�ga�on or the se�lement of claims arising under or rela�ng to this contract shall be made available un�l such appeals, li�ga�on, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accoun�ng procedures and prac�ces, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibi�on on Requiring Certain Internal Confiden�ality Agreements or Statements (JAN 2017) (sec�on 743 of Division E, Title VII, of the Consolidated and Further Con�nuing Appropria�ons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria�ons acts (and as extended in con�nuing resolu�ons)).

(iii) 52.204-23, Prohibi�on on Contrac�ng for Hardware, So�ware, and Services Developed or Provided by Kaspersky Lab and Other Covered En��es (NOV 2021) (Sec�on 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibi�on on Contrac�ng for Certain Telecommunica�ons and Video Surveillance Services or Equipment. (NOV 2021) (Sec�on 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, U�liza�on of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontrac�ng opportuni�es. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower �er subcontracts that offer subcontrac�ng opportuni�es.

(vi) 52.222-21, Prohibi�on of Segregated Facili�es (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabili�es (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, No�fica�on of Employee Rights Under the Na�onal Labor Rela�ons Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Comba�ng Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemp�on from Applica�on of the Service Contract Labor Standards to Contracts for Maintenance, Calibra�on, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemp�on from Applica�on of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verifica�on (NOV 2021) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Execu�ve Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Execu�ve Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Func�ons Outside the United States (Oct 2016) (Sec�on 862, as amended, of the Na�onal Defense Authoriza�on Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promo�ng Excess Food Dona�on to Nonprofit Organiza�ons. (JUN 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of addi�onal clauses necessary to sa�sfy its contractual obliga�ons.

(End of clause)

52.217-3 EVALUATION EXCLUSIVE OF OPTIONS

As prescribed in 17.208(a), insert a provision substan�ally the same as in the following in solicita�ons when the solicita�on includes an op�on clause and does not include one of the provisions prescribed in

17.208 (b) or (c):

Evalua�on Exclusive of Op�ons (Apr 1984)

The Government will evaluate offers for award purposes by including only the price for the basic requirement; i.e., op�ons will not be included in the evalua�on for award purposes.

(End of provision)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require con�nued 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 op�on provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contrac�ng Officer may exercise the op�on by wri�en no�ce to the Contractor within 30 days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by wri�en no�ce to the Contractor within 30 days provided that the Government gives the Contractor a preliminary wri�en no�ce of its intent to extend at least 30 days before the contract expires. The preliminary no�ce does not commit the Government to an extension.

(b) If the Government exercises this op�on, the extended contract shall be considered to include this op�on clause.

(c) The total dura�on of this contract, including the exercise of any op�ons under this clause, shall not exceed five (5) years.

(End of clause)

252.232-7006, Wide Area WorkFlow (WAWF) Payment Instruc�ons

(a) Defini�ons. As used in this clause—

“Department of Defense Ac�vity Address Code (DoDAAC)” is a six posi�on code that uniquely iden�fies a unit, ac�vity, or organiza�on.

“Document type” means the type of payment request or receiving report available for crea�on in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment cer�fica�on when payment cer�fica�on is done external to the en�tlement 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 Acquisi�on Regula�on 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 h�ps://www.sam.gov ; and

(2) Be registered to use WAWF at h�ps://wawf.eb.mil/ following the step-by-step procedures for self-registra�on available at this web site.

(d) WAWF training. The Contractor should follow the training instruc�ons of the WAWF Web-Based Training Course and use the Prac�ce Training Site before submi�ng payment requests through WAWF.

Both can be accessed by selec�ng the “Web Based Training” link on the WAWF home page at h�ps://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 instruc�ons. The Contractor shall use the following informa�on when submi�ng 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 �me-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 Contrac�ng Officer.

(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 Contrac�ng Officer.

Invoice 2-in-1 Contractor shall enter the e-mail addresses iden�fied below in the ‘Send Addi�onal Email No�fica�ons’ field of WAWF once a document is submi�ed in the system:

Jenniffer Vazquez, Contrac�ng Officer : jenniffer.vazquez@usuhs.edu Ashley McRae, Contract Specialist : ashley.mcrae@usuhs.edu

(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 permi�ed when Federal Acquisi�on Regula�on (FAR) 52.213-1 is included in the contract.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/ mailto:jenniffer.vazquez@usuhs.edu mailto:ashley.mcrae.ctr@usuhs.edu

(3) Document rou�ng. The Contractor shall use the informa�on in the Rou�ng Data Table below only to fill in applicable fields in WAWF when crea�ng payment requests and receiving reports in the system.

Rou�ng Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HU0001 Issue By DoDAAC ____ Admin DoDAAC** HU0001 Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) HU0001 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documenta�on appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisi�on Regula�on 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 clarifica�on regarding invoicing in WAWF from the following contrac�ng ac�vity’s WAWF point of contact.

Not applicable.

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

(End of Clause)