Attachment 8 - Contract Terms and Conditions.pdf

Attachment 8 SP4500-20-R-0020 Page 1 of 3

ADDITIONAL CONTRACT TERMS AND CONDITIONS

This solicitation incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text may be accessed electronically at https://www.acquisition.gov/. Upon request, the Contracting Officer will make their full text available. Incorporated clauses/provisions are those in effect through Federal Acquisition Circular 2020-01, effective November 12th, 2019.

CLAUSES THAT APPLY TO THIS ACQUISITION:

DFARS 252.201-7000 Contracting Officer's Representative FAR 52.203-3 Gratuities FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7003 Agency Office of The Inspector General FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems DFARS 252.204-7009 Limitations on The Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS

DFARS

252.204-7015 252.204-7018

Notice of Authorized Disclosure of Information for Litigation Support Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DLAD 52.204-9000 Contractor Personnel Security Requirements

DFARS

DFARS

FAR

252.205-7000 252.211-7003 52.212-4

Provision of Information to Cooperative Agreement Holders Item Unique Identification and Valuation Contract Terms and Conditions – Commercial Items

FAR 52.212-5 CONTRACT TERMS & CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL *The following clauses cited under 52.212-5(a) are applicable to this acquisition:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim *The following clauses cited under 52.212-5(b) are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.219-8, Utilization of Small Business Concerns 52.219-9, Small Business Subcontracting Plan, Alternate II **(DEVIATION) 2018-O0018** 52.219-16, Liquidated Damages-Subcontracting Plan 52.222-3, Convict Labor 52.222-19, Child Labor-Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.222-54, Employment Eligibility Verification https://www.acquisition.gov/

Attachment 8 SP4500-20-R-0020 Page 2 of 3

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer --System for Award Management 52.242-5, Payments to Small Business Subcontractors *The following clauses cited under 52.212-5(c) are applicable to this acquisition:

52.222-17, Nondisplacement of Qualified Workers 52.222-54, Employment Eligibility Verification 52.222-55, Minimum Wages Under Executive Order 13658 52.222-62, Paid Sick Leave Under Executive Order 13706

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost, ALT I DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian

Small Business Concerns FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DFARS 252.232-7010 Levies on Contract Payments DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel FAR 52.242-15 Stop-Work Order DFARS 252.243-7002 Requests for Equitable Adjustments DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea

ADDITIONAL CLAUSES WITH FILLIN INFORMATION THAT APPLY TO THIS ACQUISITION:

FAR 52.216-19 ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1,500 EUROS, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 200,000 EUROS;

(2) Any order for a combination of items in excess of 500,000 EUROS; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

Attachment 8 SP4500-20-R-0020 Page 3 of 3

FAR 52.216-22 INDEFINITE QUANTITY

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.

The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the 360th day after contract ends.

DFARS 252.216-7006 ORDERING

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from contract award/effective date through contract expiration.

FAR 52.217-8 OPTION TO EXTEND SERVICES

The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days prior to contract expiration.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

PROVISIONS THAT APPLY TO THIS ACQUISITION:

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-20 Predecessor of Offeror FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment

DFARS

DFARS

DFARS

252.204-7008 252.204-7016 252.204-7017

Compliance with Safeguarding Covered Defense Information Controls Covered Defense Telecommunications Equipment or Services Representation Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - Representation

FAR

FAR

FAR

52.209-7 52.212-1 52.212-3

Information Regarding Responsibility Matters Instructions to Offerors – Commercial Items Offeror Representations and Certifications – Commercial Items - ALT I

DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System DFARS 252.215-7008 Only One Offer DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than DLAD 52.233-9001 Disputes - Agreement to Use Alternative Dispute Resolution DLAD L06 Agency Protests DLAD L07 Site Visit Instructions. Contact davide.facchinetti@dla.mil.

mailto:davide.facchinetti@dla.mil