Attachment 5 - FA449724R0008 Provisions.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA449724R0008 (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. 2022-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC K

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

2023-01 SEC I

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

2023-01 SEC I

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05 SEC K

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

2023-01 SEC I

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I 252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L

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

2023-01 SEC L

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

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05 SEC K

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01 SEC I

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

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.236-7000 Modification Proposals--Price Breakdown. 1991-12 SEC G

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

2023-01 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11 SEC I

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.

2010-10 SEC I

52.201-1 Acquisition 360: Voluntary Survey. 2023-09 SEC L 52.204-13 System for Award Management Maintenance. 2018-10 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

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12 SEC I

52.204-22 Alternative Line Item Proposal. 2017-01 SEC L Representation Regarding Certain Telecommunications and

52.204-24 Video Surveillance Services or Equipment. 2021-11 SEC K

52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures.

2023-12 SEC K

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

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 SEC I 52.222-10 Compliance with Copeland Act Requirements. 1988-02 SEC I 52.222-11 Subcontracts (Labor Standards). 2014-05 SEC I 52.222-12 Contract Termination-Debarment. 2014-05 SEC I

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05 SEC I

52.222-14 Disputes Concerning Labor Standards. 1988-02 SEC I 52.222-15 Certification of Eligibility. 2014-05 SEC I

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work.

2014-05 SEC L

52.222-6 Construction Wage Rate Requirements. 2018-08 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706. 2022-01 SEC I 52.222-7 Withholding of Funds. 2014-05 SEC I 52.222-8 Payrolls and Basic Records. 2021-07 SEC I 52.222-9 Apprentices and Trainees. 2005-07 SEC I

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

2020-06 SEC I

52.223-21 Foams. 2016-06 SEC I 52.225-10 Notice of Buy American Requirement-Construction Materials. 2014-05 SEC M 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. 2023-11 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I 52.236-17 Layout of Work. 1984-04 SEC I 52.236-5 Material and Workmanship. 1984-04 SEC I 52.236-7 Permits and Responsibilities. 1991-11 SEC I 52.242-14 Suspension of Work. 1984-04 SEC I 52.243-5 Changes and Changed Conditions. 1984-04 SEC I 52.246-12 Inspection of Construction. 1996-08 SEC E 52.246-16 Responsibility for Supplies. 1984-04 SEC E 52.247-15 Contractor Responsibility for Loading and Unloading. 1984-04 SEC I

52.249-4 Termination for Convenience of the Government (Services) (Short Form).

1984-04 SEC I

252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 SEC I

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

2019-05 SEC I

CLAUSES IN FULL TEXT

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52.232-27 Prompt Payment for Construction Contracts. 2017-01

As prescribed in , insert the following clause:32.908(b)

Prompt Payment for Construction Contracts (JAN 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.

All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments-(a)

. For purposes of this clause, there are several types of invoice payments (1) Types of invoice payments that may occur under this contract, as follows:

Progress payments, if provided for elsewhere in this contract, based on Contracting Officer (i) approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project.

The due date for making such payments is 14 days after the designated billing office receives a (A) proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14 thday after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

The due date for payment of any amounts retained by the Contracting Officer in accordance with (B) the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

Final payments based on completion and acceptance of all work and presentation of release of all (ii) claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government ( each separate building, public work, or other division of the e.g., contract for which the price is stated separately in the contract).

The due date for making such payments is the later of the following two events:(A)

The 30 thday after the designated billing office receives a proper invoice from the Contractor.(1)

The 30 thday after Government acceptance of the work or services completed by the Contractor. (2) For a final invoice when the payment amount is subject to contract settlement actions ( release of e.g., claims), acceptance is deemed to occur on the effective date of the contract settlement.

If the designated billing office fails to annotate the invoice with the date of actual receipt at the (B) time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

. The Contractor shall prepare and submit invoices to the designated billing (2) Contractor's invoice office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice.

When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

Name and address of the Contractor.(i)

Invoice date and invoice number. (The Contractor should date invoices as close as possible to the (ii) date of mailing or transmission.)

Contract number or other authorization for work or services performed (including order number (iii) and line item number).

Description of work or services performed.(iv)

Delivery and payment terms ( discount for prompt payment terms).(v) e.g., Name and address of Contractor official to whom payment is to be sent (must be the same as that (vi) in the contract or in a proper notice of assignment).

Name (where practicable), title, phone number, and mailing address of person to notify in the (vii) event of a defective invoice.

For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts (viii) requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only (ix) if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.(x)

The Contractor shall include EFT banking information on the invoice only if required elsewhere (A) in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a (B) proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision ( 52.232-38, Submission of Electronic Funds Transfer e.g., Information with Offer), contract clause ( 52.232-33, Payment by Electronic Funds Transfer-System e.g., for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by (C)

EFT.

Any other information or documentation required by the contract.(xi)

. The designated payment office will pay an interest penalty automatically, without (3) Interest penalty request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

The designated billing office received a proper invoice.(i)

The Government processed a receiving report or other Government documentation authorizing (ii) payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

In the case of a final invoice for any balance of funds due the Contractor for work or services (iii) performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

. The Government will compute the interest penalty in accordance with (4) Computing penalty amount the Office of Management and Budget prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor for (i) payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7 thday after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay (ii) interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

. The designated payment office will pay an interest penalty (5) Discounts for prompt payment automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at .5 CFR Part 1315

Additional interest penalty.(6)

The designated payment office will pay a penalty amount, calculated in accordance with the (i) prompt payment regulations at in addition to the interest penalty amount only if-5 CFR Part 1315

The Government owes an interest penalty of $1 or more;(A)

The designated payment office does not pay the interest penalty within 10 days after the date the (B) invoice amount is paid; and

The Contractor makes a written demand to the designated payment office for additional penalty (C) payment, in accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.

(ii)

The Contractor shall support written demands for additional penalty payments with the following (A) data. The Government will not request any additional data. The Contractor shall-

Specifically assert that late payment interest is due under a specific invoice, and request payment (1) of all overdue late payment interest penalty and such additional penalty as may be required;

Attach a copy of the invoice on which the unpaid late payment interest was due; and(2)

State that payment of the principal has been received, including the date of receipt.(3)

If there is no postmark or the postmark is illegible-(B)

The designated payment office that receives the demand will annotate it with the date of receipt (1) provided the demand is received on or before the 40 thday after payment was made; or

If the designated payment office fails to make the required annotation, the Government will (2) determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40 thday after payment was made.

. If this contract provides for contract financing, the Government will (b) Contract financing payments make contract financing payments in accordance with the applicable contract financing clause.

. The Contractor shall include in each subcontract for property or (c) Subcontract clause requirements services (including a material supplier) for the purpose of performing this contract the following:

. A payment clause that obligates the Contractor to pay the (1) Prompt payment for subcontractors subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.

. An interest penalty clause that obligates the Contractor to pay to the (2) Interest for subcontractors subcontractor an interest penalty for each payment not made in accordance with the payment clause-

For the period beginning on the day after the required payment date and ending on the date on (i) which payment of the amount due is made; and

Computed at the rate of interest established by the Secretary of the Treasury, and published in the (ii) , for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues Federal Register the obligation to pay an interest penalty.

. A clause requiring each subcontractor to-(3) Subcontractor clause flowdown

Include a payment clause and an interest penalty clause conforming to the standards set forth in (i) paragraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and

Require each of its subcontractors to include such clauses in their subcontracts with each lower-(ii) tier subcontractor or supplier.

. The clauses required by paragraph (c) of this clause shall not be (d) Subcontract clause interpretation construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that-

. Permit the Contractor or a subcontractor to retain (without cause) a specified (1) Retainage permitted percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;

. Permit the Contractor or subcontractor to make a determination that part (2) Withholding permitted or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and

. Permit such withholding without incurring any obligation to pay a late (3) Withholding requirements payment penalty if-

A notice conforming to the standards of paragraph (g) of this clause previously has been furnished (i) to the subcontractor; and

The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor (ii) pursuant to paragraph (d)(3)(i) of this clause.

. If a Contractor, after making a request for payment to the (e) Subcontractor withholding procedures Government but before making a payment to a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall-

. Furnish to the subcontractor a notice conforming to the standards of (1) Subcontractor notice paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment;

. Furnish to the Contracting Officer, as soon as practicable, a copy of (2) Contracting Officer notice the notice furnished to the subcontractor pursuant to paragraph (e)(1) of this clause;

. Reduce the subcontractor's progress payment by an (3) Subcontractor progress payment reduction amount not to exceed the amount specified in the notice of withholding furnished under paragraph (e)(1) of this clause;

. Pay the subcontractor as soon as practicable after the (4) Subsequent subcontractor payment correction of the identified subcontract performance deficiency, and-

Make such payment within-(i)

Sevendays after correction of the identified subcontract performance deficiency (unless the funds (A) therefor must be recovered from the Government because of a reduction under paragraph (e)(5)(i)) of this clause; or

Sevendays after the Contractor recovers such funds from the Government; or(B)

Incur an obligation to pay a late payment interest penalty computed at the rate of interest (ii) established by the Secretary of the Treasury, and published in the , for interest payments Federal Register under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty;

. Notify the Contracting Officer upon-(5) Notice to Contracting Officer

Reduction of the amount of any subsequent certified application for payment; or(i)

Payment to the subcontractor of any withheld amounts of a progress payment, specifying-(ii)

The amounts withheld under paragraph (e)(1) of this clause; and(A)

The dates that such withholding began and ended; and(B)

. Be obligated to pay to the Government an amount equal to interest on the (6) Interest to Government withheld payments (computed in the manner provided in 31 U.S.C.3903(c)(1)), from the 8 thday after receipt of the withheld amounts from the Government until-

The day the identified subcontractor performance deficiency is corrected; or(i)

The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause.(ii) Third-party deficiency reports-(f)

. If a Contractor, after making payment to a first-tier (1) Withholding from subcontractor subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a "second-tier subcontractor") a written notice in accordance with 40 U.S.C. 3133, asserting a deficiency in such first-tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause-

Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this (i) clause as soon as practicable upon making such determination; and

Withhold from the first-tier subcontractor's next available progress payment or payments an (ii) amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)

(i) of this clause.

. As soon as practicable, but not later than 7 days after (2) Subsequent payment or interest charge receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall-

Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or(i)

Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed (ii) at the rate of interest established by the Secretary of the Treasury, and published in the , Federal Register for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

. The Contractor shall issue a written notice of any (g) Written notice of subcontractor withholding withholding to a subcontractor (with a copy furnished to the Contracting Officer), specifying-

The amount to be withheld;(1)

The specific causes for the withholding under the terms of the subcontract; and(2)

The remedial actions to be taken by the subcontractor in order to receive payment of the amounts (3) withheld.

. The Contractor may not request payment from the (h) Subcontractor payment entitlement Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount.

. A dispute between the Contractor and subcontractor relating to the (i) Prime-subcontractor disputes amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the Government is a party. The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

. Except as provided in paragraph (i) of this clause, this (j) Preservation of prime-subcontractor rights clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor.

. The Contractor's obligation to pay an interest (k) Non-recourse for prime contractor interest penalty penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the Government for such interest penalty. A cost-reimbursement claim may not include any amount for reimbursement of such interest penalty.

. If the Contractor becomes aware of a duplicate contract financing or invoice (l) Overpayments payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

Remit the overpayment amount to the payment office cited in the contract along with a description (1) of the overpayment including the-

Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, (i) e.g.

date(s) of overpayment);

Affected contract number and delivery order number if applicable;(ii)

Affected line item or subline item, if applicable; and(iii)

Contractor point of contact.(iv)

Provide a copy of the remittance and supporting documentation to the Contracting Officer.(2)

(End of clause)

52.246-21 Warranty of Construction. 1994-03

As prescribed in , the contracting officer may insert a clause substantially as follows in 46.710(e)(1) solicitations and contracts when a fixed-price construction contract (see (c)) is contemplated, and 46.705 the use of a warranty clause has been approved under agency procedures:

Warranty of Construction (MAR 1994)

In addition to any other warranties in this contract, the Contractor warrants, except as provided in (a) paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

This warranty shall continue for a period of 1 year from the date of final acceptance of the work. (b) If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In (c) addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

The Contractor's failure to conform to contract requirements; or(1)

Any defect of equipment, material, workmanship, or design furnished.(2)

The Contractor shall restore any work damaged in fulfilling the terms and conditions of this (d) clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the (e) discovery of any failure, defect, or damage.

If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after (f) receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

With respect to all warranties, express or implied, from subcontractors, manufacturers, or (g) suppliers for work performed and materials furnished under this contract, the Contractor shall-

Obtain all warranties that would be given in normal commercial practice;(1)

Require all warranties to be executed, in writing, for the benefit of the Government, if directed by (2) the Contracting Officer; and

Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.(3)

In the event the Contractor's warranty under paragraph (b) of this clause has expired, the (h) Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any (i) tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

This warranty shall not limit the Government's rights under the Inspection and Acceptance clause (j) of this contract with respect to latent defects, gross mistakes, or fraud.

(End of clause)

52.247-12 Supervision, Labor, or Materials. 1984-04

As prescribed in , insert a clause substantially as follows in solicitations and contracts for 47.207-5(b) transportation or for transportation-related services when the contractor is required to furnish supervision, labor, or materials:

Supervision, Labor, or Materials (APR 1984)

The Contractor shall furnish adequate supervision, labor, materials, supplies, and equipment necessary to perform all the services contemplated under this contract in an orderly, timely, and efficient manner.

(End of clause)

252.204-7007 ALT A Alternate A, Annual Representations and Certifications. 2023-11

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2023)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (e) applies. ____

(ii) Paragraph (e) does not apply and the Offeror has completed the individual ____ representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. ____

(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate. ____

(iii) 252.225-7020, Trade Agreements Certificate. ____

Use with Alternate I. ____

(iv) 252.225-7031, Secondary Arab Boycott of Israel. ____

(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments ____ Program Certificate.

Use with Alternate I. ____

Use with Alternate II. ____

Use with Alternate III. ____

Use with Alternate IV. ____

Use with Alternate V. ____

(vi) 252.226-7002, Representation for Demonstration Project for Contractors ____ Employing Persons with Disabilities.

(vii) 252.232-7015, Performance-Based Payments-Representation. ____

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at . After reviewing the SAM database information, the Offeror https://www.sam.gov verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change

. These amended representation(s) and/or certification(s) are also ]by provision number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

252.211-7003 Item Unique Identification and Valuation. 2023-01

As prescribed in 211.274-5(a), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier;

original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" " means the entity (e.g., a manufacturer or vendor) responsible for assigning Enterprise unique item identifiers to items.

" identifier" means a code that is uniquely assigned to an enterprise by an issuing Enterprise agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" or batch number" means an identifying number assigned by the enterprise to a Lot designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again.

The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment.

The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary;

and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

Serialize within the part, lot, or batch number; or (2)

Use a DoD recognized unique identification equivalent (e.g. Vehicle (3) Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) identifier (if concatenated unique item identifier is used). Enterprise

(5) Original part number (if there is serialization within the original part number).

(6) or batch number (if there is serialization within the lot or batch number). Lot

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) identifier (if concatenated unique item identifier is used).** Enterprise

(6) Original part number (if there is serialization within the original part number).**

(7) or batch number (if there is serialization within the lot or batch number).** Lot

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site /uidregistry/.

(2) Embedded items shall be reported by one of the following methods-

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , ____ Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) . If the Contractor acquires by subcontract, any item(s) for which item unique Subcontracts identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

"Local processing office (LPO)" is the office responsible for payment…