B01 Attachment 1 -Clauses and Provisions.pdf
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- Attached to
- Augury Licenses
- Solicitation number
- HS002126QE041
About this file
This document is a contract clauses and representations file for a Department of Homeland Security federal contract opportunity (Document Number HS002126QE041). The document contains two sections: clauses incorporated by reference and clauses provided in full text, establishing the regulatory and contractual framework governing contract performance and compliance.
The clauses cover critical compliance areas including security requirements (safeguarding covered defense information, prohibition on covered defense telecommunications equipment), labor standards (child labor, convict labor, equal opportunity for veterans and workers with disabilities, National Labor Relations Act notifications, combating trafficking in persons), ethical standards (gratuities, restrictions on subcontractor sales, whistleblower protection, prohibition on internal confidentiality agreements), business integrity certifications (debarment and suspension checks, responsibility matters, inverted domestic corporation status), small business program requirements (utilization of small business concerns, postaward rerepresentation), Buy American compliance, tax withholding on foreign procurements, contract modification pricing, and payment processing through the Wide Area Workflow (WAWF) system using specified DoDAAC routing codes (Pay Official HQ0690, Issue By/Admin HS0021, Service Approver/Acceptor HS0001). The document includes representations and certifications requirements for offerors regarding covered defense telecommunications equipment, small business status, foreign person status for tax purposes, and information regarding responsibility and integrity matters. The contract contemplates incremental funding provisions with allotment schedules and includes an option to extend the contract term. All clauses incorporate authorizations and deviations noted in DFARS and FAR regulations applicable to federal contracting as of early 2026.
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| File | Type | Posted |
|---|---|---|
| B01 Combined Synopsis Solicitation.docx | DOCX document | |
| B1 Attachment 3 -DD Form 254_draft.pdf | ||
| B1 Attachment 2 - SOW.docx | DOCX document |
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Text version
DOCUMENT NUMBER
HS002126QE041
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
SECTION
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
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10 SEC K
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05 SEC I
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01 SEC I
252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L 252.205-7000 Provision of Information to Cooperative Agreement Holders. 2024-10 SEC I 252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2024-02 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2022-04 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
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.
2023-06 SEC K
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06 SEC I
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
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 252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I 252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
2024-09 SEC K
52.203-18 Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements or Statements- Representation.
2017-01 SEC L
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01 SEC I
52.203-3 Gratuities. 1984-04 SEC I 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I
52.203-6 ALT I Restrictions on Subcontractor Sales to the Government.
(Alternate I)
2021-11 SEC I
52.204-13 System for Award Management-Maintenance. (Deviation 2026-O0038)
2026-02 SEC I
52.204-7 System for Award Management-Registration. (Deviation 2026- O0038)
2026-02 SEC L
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (Deviation 2026-O0038)
2026-02 SEC I
Protecting the Government's Interest When Subcontracting
52.209-6 With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026-O0038)
2026-02 SEC I
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Deviation 2026-O0038)
2026-02 SEC I
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC L
52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-02 SEC I
52.219-8 Utilization of Small Business Concerns. (Deviation 2026- O0038)
2026-02 SEC I
52.222-19 Child Labor-Cooperation with Authorities and Remedies.
(Deviation 2026-O0038)
2026-03 SEC I
52.222-3 Convict Labor. (Deviation 2026-O0038) 2026-02 SEC I 52.222-35 Equal Opportunity for Veterans. (Deviation 2026-O0038) 2026-02 SEC I
52.222-36 Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038)
2026-02 SEC I
52.222-37 Employment Reports on Veterans. (Deviation 2026-O0038) 2026-02 SEC I
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026-O0038)
2026-02 SEC I
52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038) 2026-02 SEC I
52.222-90 Addressing DEI Discrimination by Federal Contractors.
(Deviation 2026-O0040, Revision 1)
2026-04 SEC I
52.223-23 Sustainable Products. (Deviation 2026-O0038) 2026-02 SEC I
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05 SEC I
52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026-O0038) 2021-02 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03 SEC I
52.233-3 Protest after Award. (Deviation 2026-O0038) 2026-02 SEC I
52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026-O0038)
2026-02 SEC I
52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026-O0038)
2026-02 SEC K
52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) 2026-02 SEC I
52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)
2026-04 SEC I
252.201-7000 Contracting Officer's Representative. 1991-12 SEC G 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
CLAUSE TITLE ALT NO/
DEV NO
YEAR-
MO
CLAUSE TEXT
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services-Representation.
2021-05
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)
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 Prohibition (Pub. 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 Disclosures provide 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).
(End of provision)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
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 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 Electronic invoicing.
vendor 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.
Invoice 2 in 1
(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 financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[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 HQ0690
Issue By DoDAAC HS0021
Admin DoDAAC HS0021
Inspect By DoDAAC HS0021
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) HS0001
Service Acceptor (DoDAAC) HS0001
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 Receiving report.
of 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.
See Section G
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. 2020-06
Tax on Certain Foreign Procurements-Notice and Representation (Jun 2020)
(a) . As used in this provision-Definitions
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.
United States person as defined in 26 U.S.C. 7701(a)(30) means
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if-
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the
IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that
(1) It is is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 a full exemption, or partial or no exemption [ ] from the excise tax.Offeror must select one
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229- 12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction.
This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
(End of provision)
52.209-7 Information Regarding Responsibility Matters. (Deviation 2026-
O0038) 2026-02
Information Regarding Responsibility Matters (FEB 2026) (DEVIATION 2026-O0038)
(a) . As used in this provision-Definitions
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( , Securities and Exchange Commission Administrative e.g.
Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity ( , general manager; plant manager; head of a e.g.
division or business segment; and similar positions).
(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.217-9 Option to Extend the Term of the Contract. 2000-03
Option to Extend the Term of the Contract (MAR 2000)
The Government may extend the term of this contract by written notice to the Contractor within (a) 60 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[60
] before the contract expires. The preliminary notice 60days unless a different number of days is inserted does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this (b) option clause.
The total duration of this contract, including the exercise of any options under this clause, shall not (c) exceed (months) (years).60
(End of clause)
52.219-28 Postaward Small Business Program Rerepresentation. (Deviation
2026-O0038) 2026-02
Postaward Small Business Program Rerepresentation (Feb 2026) (Deviation 2026-O0038)
(a) . As used in this clause-Definitions
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) , as used in this definition, means business concerns, one of whom directly or indirectly Affiliates controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.____ ____
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g) .] The Contractor represents that it(1) of this clause is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1001
(3) . The Women-owned small business (WOSB) joint venture eligible under the WOSB Program Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) . The Economically disadvantaged women-owned small business (EDWOSB) joint venture Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the . The Contractor represents that itSDVOSB Program is, is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: __.]
(6) [ HUBZone joint venture eligible under the HUBZone Program. Complete only if the offeror is a ] The offeror represents, as part of its offer, that ItHUBZone small business concern.
is, is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint ____ venture: .] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [ Contractor to sign and date and insert authorized signer's name ____ and title.]
(End of clause)
52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02
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. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far-overhaul________[Insert one or more Internet addresses]
(End of provision)
52.252-2 Clauses Incorporated by Reference. 1998-02
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. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far-overhaul [Insert one or more Internet addresses]____ ____
(End of clause)
52.252-6 Authorized Deviations in Clauses. 2020-11
Authorized Deviations in Clauses (Nov 2020)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) (a) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
The use in this solicitation or contract of any (b) Defense Federal Acquisition Regulation Supplement [insert regulation name] (48 CFR ) clause with an authorized deviation is indicated (DFARS) Chapter 2 by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.204-7016 Covered Defense Telecommunications Equipment or Services-
Representation.
2019-12
COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-
REPRESENTATION (DEC 2019)
(a) . As used in this provision, "covered defense telecommunications equipment or Definitions services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
(b) . The Offeror shall review the list of excluded parties in the System for Award Procedures Management (SAM) ( ) for entities excluded from receiving federal awards for https://www.sam.gov "covered defense telecommunications equipment or services".
(c) . The Offeror represents that it Representation does, 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.
(End of provision)
52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-
Representation. (Deviation 2026-O0038) 2026-02
Prohibition on Contracting with Inverted Domestic Corporations-Representation (FEB 2026)
(DEVIATION 2026-O0038)
(a) . As used in this clause-Definitions
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.
(c) . The Offeror represents that-Representation
(1) It is, is not an inverted domestic corporation; and
(2) It is, is not a subsidiary of an inverted domestic corporation.
(End of provision)
252.232-7007 Limitation of Government's Obligation. 2014-04
LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) is/are incrementally ____[Contracting Officer insert after negotiations] funded. For this/these item(s), the sum of $ of the ____[Contracting Officer insert after negotiations] total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state
(1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item
(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph
(a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $ ____
(month) (day), (year) ____ $ ____
(month) (day), (year) ____ $ ____
(month) (day), (year) ____ $ ____
(End of clause)
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