Clause Adenendum.pdf

MOTSU Rail Lifter Solicitation Number: W519-TC-25-Q-0005

Incorporated By Reference:

Clause No Clause Title Mo/Year

52.204-7 System for Award Management

NOV 2024

52.204-13 System for Award Management Maintenance

OCT 2018

52.204-16 Commercial and Government Entity Code Reporting

AUG 2020

52.204-17 Ownership or Control of Offeror

AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance

AUG 2020

52.204-20 Predecessor of Offeror

AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities DEC 2023

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021

52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021

52.204-26 Covered Telecommunications Equipment or Services--Representation

OCT 2020

52.204-27 Prohibition on a ByteDance Covered Application

JUN 2023

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment JAN 2025 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services SEP

52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services MAY 2024 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services (DEVIATION) MAR 2025 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services--Alternate I FEB 2024 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services NOV 2023 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services JAN 2025 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services (DEVIATION) MAR 2025 52.217-6 Option for Increased Quantity

MAR 1989

52.222-19 Child Labor—Cooperation with Authorities and Remedies

JAN 2025

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000 JUN

52.222-50 Combating Trafficking in Persons

NOV 2021

52.223-23 Sustainable Products and Services

MAY 2024

52.225-13 Restrictions on Certain Foreign Purchases

FEB 2021

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

MAY 2024

52.227-1 Authorization and Consent

JUN 2020

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-3 Protest after Award

AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim

OCT 2004

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities NOV 2024

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 Personnel Work Product

APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013, Rev 1) MAY 2024

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

NOV 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements

NOV 2023

252.204-7024 Notice on the use of the Supplier Performance Risk System

MAR 2023

252.211-7003 Item Unique Identification and Valuation

JAN 2023

252.211-7008 Use of Government-Assigned Serial Numbers

SEP 2010

252.223-7008 Prohibition of Hexavalent Chromium

JAN 2023

252.225-7048 Export-Controlled Items

JUN 2013

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.227-7015 Technical Data—Commercial Products and Commercial Services

MAR 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions

JAN 2023

252.232-7010 Levies on Contract Payments

DEC 2006

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military

Operations OCT 2010 252.246-7008 Sources of Electronic Parts

JAN 2023

5352.201-9101 Ombudsman

OCT 2019

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)

OCT 2019

852.203-70 Commercial advertising

JAN 2008

852.211-72 Technical industry standards

NOV 2018

852.232-72 Electronic submission of payment requests

NOV 2018

852.246-70 Guarantee

JAN 2008

852.246-71 Inspection

JAN 2008

852.273-70 Late offers

NOV 2021

Clauses in Full Text (below)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures. DEC 2023

52.212-2 Evaluation—Commercial Products and Commercial Services

NOV 2021

252.232-7006 Wide Area WorkFlow Payment Instructions

JAN 2023

52.204-29Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

As prescribed in 4.2306(b), insert the following provision:

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES

(DEC 2023)

(a)Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b)Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c)Procedures.

(1)The Offeror shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2)The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3)FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d)Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e)Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1)Name of the product or service provided to the Government;

(2)Name of the covered article or source subject to a FASCSA order;

(3)If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4)Brand;

(5)Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6)Item description;

(7)Reason why the applicable covered article or the product or service is being provided or used;

(f)Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

52.212-2Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:________________________________________________[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] (b)Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(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)

252.232-7006Wide Area WorkFlow Payment Instructions.

As prescribed in 232.7004 (b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause— “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) Electronic invoicing. The WAWF system provides the method to electronically process 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) WAWF access. To access WAWF, the Contractor shall—

(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following 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._______________________________________________________ (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) Document routing. The Contractor shall use the information in the Routing Data Table 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

Issue By DoDAAC Admin DoDAAC**

Inspect By DoDAAC Ship To Code

Ship From Code Mark For Code

Service Approver (DoDAAC) Service Acceptor (DoDAAC)

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) Payment request. The Contractor shall ensure a payment request includes documentation 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) Receiving report. The Contractor shall ensure a receiving report meets the requirements 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.

_______________________________________________________ (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)