B08 - ATTACHMENT 0005 - PROVISIONS AND CLAUSES APPLIED TO THIS ACQUISITION.pdf

ATTACHMENT 0005:

PROVISIONS AND CLAUSES APPLIED TO THIS ACQUISITION

FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (OCT 2018), applies to this acquisition, and is incorporated by reference.

Addendum to FAR Provision 52.212-1, i.e. Attachment 0002, also applies. Refer to Attachment 0002 for additional instructions regarding how to submit a quote in response to this solicitation.

FAR Provision 52.212-2, Evaluation – Commercial Items (OCT 2014) applies to this acquisition, and is incorporated by full text immediately below.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: price.

The vendor’s quoted price will be analyzed to determine whether the total proposed price is fair and reasonable.

Award will be made to the vendor upon determination that:

1) the vendor’s quote conforms to the Government’s solicitation requirements; 2) the vendor’s total price is fair and reasonable; and 3) the vendor is responsible in accordance with FAR 9.105.

(b) Options. This acquisition does not include options

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR Provision 52.212-3, Offeror Representations and Certifications – Commercial Items (DEC 2019), Alternate I (OCT 2014), applies to this acquisition, and is included in this solicitation as Attachment 0003. Quoter shall submit a completed copy of Attachment 0003 with its quote, unless representations and certifications have been completed in the System for Award Management (SAM). In the event current representations and certifications are in SAM, Quoter can submit a copy of the SAM representations and certifications in lieu of Attachment 0003.

FAR Clause 52.212-4, Contract Terms and Conditions, - Commercial Items (OCT2018), applies to this acquisition and is incorporated by reference.

Addendum to FAR 52.212-4, included as Attachment 0003, also applies to this acquisition.

FAR Provision 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (OCT 2019), applies to this acquisition and is incorporated by reference. The following clauses listed with FAR clause 52.212-5 also apply.

• FAR 52.203-19, Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

• FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed by Kapersky Lab and Other Covered Entities (JUL 2018)

• FAR 52.204-24, Representation Regarding Certain

Telecommunications and Video Surveillance Services or Equipment

(DEC 2019)

• FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(AUG 2019)

• FAR 52.204-26, Covered Telecommunications Equipment or Services-Representation (DEC 2019)

• FAR 52.209-10, Prohibition on Contracting with Inverted

Domestic Corporations (NOV 2015)

• FAR 52.233-3, Protest After Award (AUG 1996)

• FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

• FAR 52.222-50, Combating Trafficking in Persons (JAN 2019)

• FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

• FAR 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008)

• FAR 52.203-6, Restrictions on Subcontractor Sales to the

Government (SEPT 2006), with Alternate I (OCT 1995)

• FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018)

• FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)

• FAR 52.219-8, Utilization of Small Business Concerns (OCT 2018)

• FAR 52.219-28, Post-Award Small Business Program Representation (JUL 2013)

• FAR 52.222-3, Convict Labor (JUNE 2003)

• FAR 52.222-19, Child Labor – Cooperation with Authorities and

Remedies (JAN 2018)

• FAR 52.222-26, Equal Opportunity (OCT 2016)

• FAR 52.222-35, Equal Opportunity for Veterans (OCT 2015)

• FAR 52.222-36, Equal Opportunity for Workers With Disabilities (JUL 2014)

• FAR 52.222-37, Employment Report on Veterans (FEB 2016)

• FAR 52.222-40, Notification of Employee Rights Under the

National Labor Relations Act (DEC 2010)

FAR 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018)

DFARS 252.204-7003, Control of Government Personnel Work Product (APR 1992)

252.225-7974, Representation Regarding Persons that have Business Operations with the Maduro Regime

ATTACHMENT 0005: