Attachment 4 - Provisions Incorporated.pdf
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- Attached to
- Grocery Paper Bags
- Solicitation number
- HQC00426QE025
- Issued by
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Defense Commissary Agency
About this file
This document is Attachment 4 listing provisions incorporated by reference in a federal contract solicitation for commercial products and commercial services. The attachment specifies over 40 Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions that are incorporated into the solicitation, including certifications and representations required from offerors regarding independent pricing, tax compliance, conflicts of interest, Buy American compliance, trade agreement certifications, and prohibitions on contracting with certain entities. Key provisions address responsibility matters, system security representations, telecommunications equipment prohibitions, and restrictions on procurements from the Xinjiang Uyghur Autonomous Region.
The solicitation uses the 52.212-2 evaluation provision for commercial products and commercial services, with award decisions based on three factors: Technical Capability, Past Performance, and Price. Evaluation factors other than price are weighted equally to price when combined. The Government will evaluate options by adding total option prices to the base requirement price and may reject offers with significantly unbalanced option pricing. Contract award occurs upon written notice of acceptance to the successful offeror within the specified timeframe, creating a binding agreement without further action required from either party. Offerors may withdraw their offers before award by submitting a written withdrawal notice.
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Text version
Attachment 4 – Provisions Incorporated
By reference:
52.203-2 Certificate of Independent Price Determination, APR 1985
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, Sept 2024
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. JAN 2017
52.204-7 System for Award Management, NOV 2024
52.207-4 Economic Purchase Quantity – Supplies, AUG 1987
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. Nov 2015
52.209-5 Certification Regarding Responsibility Matters, AUG 2020
52.209-7 Information Regarding Responsibility Matters, OCT 2018
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, FEB 2016
52.212-1 Instructions to Offerors—Commercial Products and Commercial Services, SEP 2023
52.217-5 Evaluation of Options. (Deviation 2026-O0038)
52.233-2 Service of Protest, SEP 2006
52.240-90 Security Prohibitions and Exclusions Representations and Certifications, FEB 2026
252.203-7005 Representation Relating to Compensation of Former DoD Officials, SEP 2022
252.204-7016 Covered Defense Telecommunications Equipment or Services – Representation, DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation, MAY 2021
252.204-7024 Notice on the Use of the Supplier Performance Risk System, FEB 2026
252.204-7998 Alternate A, Annual Representations and Certifications, FEB 2026
252.209-7012 Prohibition Relating to Conflicts of Interest in Consulting Services—Certification, OCT 2025
252.225-7000 Buy American—Balance of Payments Program Certificate-Basic, FEB 2024
252.225-7020 Trade Agreements Certificate-Basic, NOV 2014
252.225-7031 Secondary Arab Boycott of Israel, JUN 2005
252.225-7035 Buy American—Free Trade Agreements— Balance of Payments Program Certificate- Alternate IV, FEB 2024
252.225-7055 Representation Regarding Business Operations with the Maduro Regime, MAY 2022
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region— Representation, JUN 2023
By Full Text:
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
• https://www.acquisition.gov/far-overhaul
• https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
52.252-3 Alterations in Solicitation, APR 1984
• https://www.acquisition.gov/far-overhaul/far-part-deviation-guide
52.252-5 Authorized Deviations in Provisions
• The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
• The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
52.212-2, Evaluation—Commercial Products and Commercial Services
Evaluation—Commercial Products and Commercial Services (Deviation Date)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
• Technical Capability
• Past Performance
• Price
Evaluation factors other than price, when combined, are equal to price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept https://www.acquisition.gov/far-overhaul https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acquisition.gov/far-overhaul/far-part-deviation-guide an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
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