Attachment D - 11632 Rane Provisions and Clauses.pdf

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment

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

The contracting officer shall insert the provision at 52.204-24, Representation Regarding Certain

Telecommunications and Video Surveillance Services or Equipment—

(1) In all solicitations for contracts; and

(2) Under indefinite delivery contracts, in all notices of intent to place an order, or solicitations for an order (e.g., subpart 8.4 and 16.505).

3052.209-72 Organizational conflict of interest.

As prescribed in (HSAR) 48 CFR 3009.507-1, insert the following provision:

Organizational Conflict of Interest (JUN 2006)

(a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting ___[”contracting officer shall insert description here”].___

(b) If any such conflict of interest is found to exist, the Contracting Officer may

(1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award.

(c) Disclosure: The offeror hereby represents, to the best of its knowledge that:

_(1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or

_(2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision.

https://www.acquisition.gov/hsar/part-3009-contractor-qualifications#Section_3009_507_1_T48_702910312

(d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the

Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan.

(e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict.

(f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision.

(g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold.

(End of provision)

FAR and HSAR Clauses and Provisions can be found electronically at https://www.acquisition.gov/

FAR Provisions and Clauses

52.204-7 System for Award Management OCT 2018 4.1105(a)(1)

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 4.1804(a)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment

NOV 2021 4.2105(a)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services NOV 2021 12.301(b)(1)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial

Services

NOV 2021 12.301(b)(2)

52.212-3 Alternate I NOV 2021 12.301(b)(2)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements

JAN 2017 3.909-3(b)

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 4.1303

52.204-13 System for Award Management Maintenance OCT 2018 4.1105(b)

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 4.1804(c)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021 4.1903

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities

NOV 2021 4.2004

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance

Services or Equipment

NOV 2021 4.2105(b)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 9.108-5(b)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services NOV 2021 12.301(b)(3)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial

Products and Commercial Services

NOV 2021 12.301(b)(4)

52.216-18 Ordering AUG 2020 16.506(a)

52.216-19 Order Limitations OCT 1995 16.506(b)

52.216-20 Definite Quantity OCT 1995 16.506(a)

52.216-21 Requirements OCT 1995 16.506(d)(1)

52.219-6 Notice of Total Small Business Set-Aside NOV 2020 19.507(c)

52.219-6 Alternate I MAR 2020 19.507(c)

52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 19.309(c)(1)

52.219-33 Non-Manufacturer Rule SEP 2021 19.507(h)

52.222-3 Convict Labor JUNE

22.202

52.222-19 Child Labor—Cooperation with Authorities and Remedies JAN 2020 22.1505(b)

52.222-21 Prohibition of Segregated Facilities APR 2015 22.810(a)(1)

52.222-26 Equal Opportunity SEP 2016 22.810(e)

52.222-26 Alternate I FEB 1999 22.810(e)

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 22.1408(a)

52.222-36 Alternate I JUL 2014 22.1408(b)

52.222-50 Combating Trafficking in Persons NOV 2021 22.1705(a)(1)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020 23.1105 https://www.acquisition.gov/

52.225-1 Buy American Act--Supplies NOV 2021 25.1101(a)(1)

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 25.1103(a)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 32.1110(a)(1)

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 32.706-3

52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 32.009-2

52.233-3 Protest after Award AUG 1996 33.106(b)

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 33.215(b)

52.239-1 Privacy or Security Safeguards AUG 1996 39.106

HSAR Provisions and Clauses

3052.203-70 Instructions for Contractor Disclosure of Violations SEPT 2012

3052.209-70 Prohibition of Contracts with Expatriates JUN 2006