C12. Commercial Service Clauses - KUTL.docx

Section C – Description/Specifications/Statement of Work C-204-H001 Use of Navy Support Contractors for Official Contract Files (Oct 2018)

(a) NAVSEA may use a file room management support contractor, hereinafter referred to as "the support contractor", to manage its file room, in which all official contract files, including the official file supporting this procurement, are retained. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File room management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file room management services are acquired will contain a requirement that:

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the contractor may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed protected information, for the unauthorized duplication, release, or disclosure of such protected information.

(c) Execution of this contract by the contractor is considered consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file room management support contractor for the limited purpose of executing its file room support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Contractors should enter into separate non-disclosure agreements with the file room contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the file room or otherwise encumber the government.

C-211-H018, Approval by the Government (Jan 2019) Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the Government any liability it would not have had in the absence of such approval.

Section F - Deliveries or performance

F.O.B.

52.247-29 FOB Destination

Section G – Contract administration data

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018)

Section I – Contract Clauses

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-4 Contract Terms and Conditions -- Commercial Items (Nov 2021)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Dec 2023) Preselected:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statement (Jan 2017) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

Required:

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-50 Combatting Trafficking in Persons (Nov 2021) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts For Certain Services--Requirements (May 2014)

52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-29 Notification of Visa Denial (Apr 2015) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran- Representation and Certifications (Jun 2020) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.245-1 Government Property (Sep 2021) 52.245-9 Use and Charges (Apr 2012) 52.246-4 Inspection of Services 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Dec 2022) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Sep 2022) 252.204-7003 Control of Government Work Product (Apr 1992) 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) 252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support (Jan 2023) 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (Dec 2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (May 2021) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2023) 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (Mar 2022) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Jan 2023) 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors (Jan 2023) 252.225-7048 Export Controlled Items (Jun 2013) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration (Apr 2020) 252.244-7000 Subcontracts for Commercial Products and Commercial Services (Jan 2023) 252.245-7003 Contractor Property Management System Administration (Apr 2012) 252.245-7005 Management and Reporting of Government Property (Jan 2024) 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System (Aug 2016) 252.246-7008 Sources of Electronic Parts (May 2018) 252.247-7023 Transportation of Supplies by Sea (Feb 2019) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 Clauses Incorporated by Reference (Feb 1998)

Section K – Representations 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction (Feb 2016) 52.212-3 Alt 1 Offeror Representations and Certifications-Commercial Items (Mar 2020) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)

Section L - Instructions Conditions and Notices to Bidders 52.212-1 Instructions to Offerors—Commercial Items (Nov 2021) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.211-14 Notice of Priority Rating (Apr 2008) 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations (Sep 2019)

Section M – Evaluation Factors for Award

52.212-2 Evaluation Commercial Items FAR Part 13 Best value, SPRS ratings, price and delivery terms Award will be based on the Best Value to the Government Considering Price, Delivery, Quality, and Past Performance.