Attachment 4 - Provisions and Clauses.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA558721Q0014 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

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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. 2013-09 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD

Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC L

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

2019-12 SEC I

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

2016-05 SEC I

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

2020-11 SEC I

252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC L

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

2018-01 SEC L

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 SEC I

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

2014-09 SEC I

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 SEC I 252.225-7041 Correspondence in English. 1997-06 SEC I

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States.

2015-06 SEC I

252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.229-7006 Value Added Tax Exclusion (United Kingdom) 2011-12 SEC B 252.229-7007 Verification of United States Receipt of Goods. 1997-06 SEC B 252.229-7008 Relief from Import Duty (United Kingdom). 2011-12 SEC I

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

2018-12 SEC G

252.232-7008 Assignment of Claims (Overseas). 1997-06 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.

2020-04 SEC I

252.233-7001 Choice of Law (Overseas). 1997-06 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2013-06 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items. 2020-10 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation.

2017-01 SEC I

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01 SEC I

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

2020-06 SEC I

52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07 SEC I

52.204-7 System for Award Management. 2018-10 SEC K

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

2020-06 SEC I

52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I

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

2020-06 SEC I

52.225-1 Buy American-Supplies 2014-05 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. 2014-05 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04 SEC I

52.222-50 Combating Trafficking in Persons. 2020-10 SEC I 52.212-1 Instructions to Offerors-Commercial Items. 2020-06 SEC L

CLAUSES IN FULL TEXT

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CLAUSE TEXT

52.204-22 Alternative Line Item Proposal. 2017-01

As prescribed in , insert the following provision:4.1008

Alternative Line Item Proposal (Jan 2017)

The Government recognizes that the line items established in this solicitation may not conform to (a) the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

The Offeror may submit one or more additional proposals with alternative line items, provided (b) that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.222-26 Equal Opportunity. 2016-09

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

Equal Opportunity (Sept 2016)

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

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

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

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

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

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

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

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

(b)

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

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

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

(c)

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

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

Employment;(i)

Upgrading;(ii)

Demotion;(iii)

Transfer;(iv)

Recruitment or recruitment advertising;(v)

Layoff or termination;(vi)

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

Selection for training, including apprenticeship.(viii)

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

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

(5)

The Contractor shall not discharge or in any other manner discriminate against any employee or (i) applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

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

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

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

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

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

The Contractor shall furnish to the contracting agency all information required by Executive (8) Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR

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

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

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

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

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

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

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2020-08

As prescribed in , insert the following clause:4.2105(b)

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

As used in this clause—(a) Definitions.

means intermediate links between the core network, or backbone network, and the small Backhaul subnetworks at the edge of the network ( , connecting cell phones/towers to the core telephone e.g.

network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, Ethernet).e.g.

means The People’s Republic of China.Covered foreign country means–Covered telecommunications equipment or services

Telecommunications equipment produced by Huawei Technologies Company or ZTE (1) Corporation (or any subsidiary or affiliate of such entities);

For the purpose of public safety, security of Government facilities, physical security (2) surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

Telecommunications or video surveillance services provided by such entities or using such (3) equipment; or

Telecommunications or video surveillance equipment or services produced or provided by an (4) entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

means–Critical technology

Defense articles or defense services included on the United States Munitions List set forth in (1) the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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

Pursuant to multilateral regimes, including for reasons relating to national security, (i) chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

For reasons relating to regional stability or surreptitious listening;(ii)

Specially designed and prepared nuclear equipment, parts and components, materials, (3) software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal (4) Regulations (relating to export and import of nuclear equipment and material);

Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 (5) of title 9 of such Code, or part 73 of title 42 of such Code; or

Emerging and foundational technologies controlled pursuant to section 1758 of the Export (6) Control Reform Act of 2018 (50 U.S.C. 4817).

means arrangements governing the physical connection of two or Interconnection arrangements more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.

, connection of a customer of telephone provider A to a customer of telephone company B) or sharing g.

data and other information resources.

means an inquiry designed to uncover any information in the entity's possession Reasonable inquiry about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

means cellular communications services ( , voice, video, data) received from a visited Roaming e.g.

network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

means any component necessary for the proper function or Substantial or essential component performance of a piece of equipment, system, or service.

. (b) Prohibition

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

This clause does not prohibit contractors from providing—(c) Exceptions.

A service that connects to the facilities of a third-party, such as backhaul, roaming, or (1) interconnection arrangements; or

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

Reporting requirement.(d)

In the event the Contractor identifies covered telecommunications equipment or services used as a (1) substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

Within one business day from the date of such identification or notification: the contract (i) number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: (ii) any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

The Contractor shall insert the substance of this clause, including (e) Subcontracts. this paragraph (e) in all subcontracts and other contractual instruments, including and excluding paragraph (b)(2), subcontracts for the acquisition of commercial items.

(End of clause)

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or ServicesRepresentation.

2020-11

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

PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) . “Covered defense telecommunications equipment or services,” “covered mission,” Definitions “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. Prohibition 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 provide Disclosures 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).

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause— Definitions.

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

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

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor Electronic invoicing.

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.

(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) 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 ____

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) 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 of Receiving report.

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.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

2020-10

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

As used in this provision—(a) Definitions.

Backhaul, covered telecommunications equipment or services, critical technology, interconnection have the meanings arrangements, reasonable inquiry, roaming, and substantial or essential component provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

.(b) Prohibition

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

Prohibit the head of an executive agency from procuring with an entity to provide a service (i) that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

Cover telecommunications equipment that cannot route or redirect user data traffic or (ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal (2) Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

Prohibit the head of an executive agency from procuring with an entity to provide a service (i) that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

Cover telecommunications equipment that cannot route or redirect user data traffic or (ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

The Offeror shall review the list of excluded parties in the System for Award (c) Procedures.

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

The Offeror represents that—(d) Representation.

It(1) will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

After conducting a reasonable inquiry, for purposes of this representation, the Offeror (2) represents that—

It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

For covered equipment—(i)

The entity that produced the covered telecommunications equipment (include entity (A) name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

A description of all covered telecommunications equipment offered (include brand; (B) model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

Explanation of the proposed use of covered telecommunications equipment and any (C) factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

For covered services—(ii)

If the service is related to item maintenance: A description of all covered (A) telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

If not associated with maintenance, the Product Service Code (PSC) of the service being (B) provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has (2) responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

For covered equipment—(i)

The entity that produced the covered telecommunications equipment (include entity (A) name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

A description of all covered telecommunications equipment offered (include brand; (B) model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

Explanation of the proposed use of covered telecommunications equipment and any (C) factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

For covered services—(ii)

If the service is related to item maintenance: A description of all covered (A) telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

If not associated with maintenance, the PSC of the service being provided; and (B) explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-

Representation.

2020-10

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

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

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

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

The Offeror shall review the list of excluded parties in the System for Award (b) Procedures.

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

The Offeror represents that it(c) Representation.

does, does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law.

2016-02

As prescribed in , insert the following provision:9.104-7(d)

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing (a) Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

Has any unpaid Federal tax liability that has been assessed, for which all judicial and (1) administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

Was convicted of a felony criminal violation under any Federal law within the preceding 24 (2) months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

The Offeror represents that–(b)

It is(1) is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

It is(2) is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals-Representation.

2016-12

As prescribed in , insert the following provision:23.804(b)

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016)

This representation shall be completed if the Offeror received $7.5 million or more in Federal (a) contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]

The Offeror (itself or through its immediate owner or highest-level owner)(1) does, does not publicly disclose greenhouse gas emissions, , make available on a publicly accessible i.e.

website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

The Offeror (itself or through its immediate owner or highest-level owner)(2) does, does not publicly disclose a quantitative greenhouse gas emissions reduction goal, , make available on i.e.

a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

A publicly accessible website includes the Offeror’s own website or a recognized, third-party (3) greenhouse gas emissions reporting program.

If the Offeror checked “does” in paragraphs (b)(1) or (b)(2) of this provision, respectively, the (c) Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: .____

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items.

2020-11

As prescribed in , insert the following clause:12.301(b)(4)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2020)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, (a) which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or (1) Statements (section 743 of Division E, Title VII, of the Consolidated and Further Continuing (Jan 2017) Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or (2) Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L. 115-91).(Jul 2018)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video (3) Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232). (Aug 2020)

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (Nov 2015)

52.233-3, Protest After Award (31 U.S.C. 3553).(5) (Aug 1996)

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

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting (b) Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government , with (1) (June 2020) Alternate I (Oct (41 U.S.C. 4704 and 10 U.S.C. 2402).1995)

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Jun 2020)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (3) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and (Jun 2010)

Reinvestment Act of 2009.)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. (4) (Jun 2020) L. 109-282) ( 31 U.S.C. 6101 note).

[Reserved].(5)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of (6) (Oct 2016) Div. C).

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (7) (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, (8) Suspended, or Proposed for Debarment. (31 U.S.C. 6101 note).(Jun 2020)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (9) (Oct 2018) (41 U.S.C. 2313).

[Reserved].(10)

(11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).(Mar 2020)

Alternate I of 52.219-3.(ii) (Mar 2020)

(12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

Alternate I of 52.219-4.(ii) (Mar 2020)

[Reserved](13)

(14)

(i) 52.219-6, Notice of Total Small Business Set-Aside of 52.219-6 (15 U.S.C. 644).(Mar 2020)

Alternate I of 52.219-6.(ii) (Mar 2020)

(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Mar 2020)

Alternate I of 52.219-7.(ii) (Mar 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(16) (Oct 2018)

(17)

(i) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(Jun 2020)

Alternate I of 52.219-9.(ii) (Nov 2016)

Alternate II of 52.219-9.(iii) (Nov 2016)

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV of 52.219-9(v) (Jun 2020)

(18)

(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)

(ii) Alternate I of 52.219-13.(Mar 2020)

52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)).(19) (Mar 2020)

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (Jan 1999)

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.(21) (Mar 2020) S.C. 657f).

(22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)). (May 2020)

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

52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-(23) Owned Small Business Concerns (15 U.S.C. 637(m)).(Mar 2020)

52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (24) Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (Mar 2020)

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (Mar 2020)

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

52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (Jan2020)

52.222-21, Prohibition of Segregated Facilities .(29) (Apr 2015)

(30)

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

Alternate I of 52.222-26.(ii) (Feb 1999)

(31)

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

Alternate I of 52.222-35.(ii) (Jul 2014)

(32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

Alternate I of 52.222-36.(ii) (Jul 2014)

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.(34) (Dec 2010) O. 13496).

(35)

(i) 52.222-50, Combating Trafficking in Persons…