Clauses and Provisions pdf1a.pdf

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 2011-09

SEC I

Officials.

252.203-7002

252.203-7005

Requirement to Inform Employees of Whistleblower Rights.

Representation Relating to Compensation of Former DoD

2022-12

2022-09

SEC K

252.204-7018

Officials.

Prohibition on the Acquisition of Covered Defense

2023-01

Telecommunications Equipment or Services.

252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L

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

252.225-7055

Representation Regarding Business Operations with the 2022-05

252.225-7056

Maduro Regime.

Prohibition Regarding Business Operations with the Maduro

252.225-7059

Regime.

Prohibition on Certain Procurements from the Xinjiang

2023-06

252.225-7060

Uyghur Autonomous Region-Representation.

Prohibition on Certain Procurements from the Xinjiang

2023-06

252.232-7003

Uyghur Autonomous Region.

Electronic Submission of Payment Requests and Receiving

2018-12

SEC G

Reports.

252.232-7010

252.237-7010

Levies on Contract Payments.

Prohibition on Interrogation of Detainees by Contractor

2006-12

Personnel.

252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I

52.203-18

Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-

2017-01

SEC L

52.203-19

Representation.

Prohibition on Requiring Certain Internal Confidentiality

2017-01

52.204-13

Agreements or Statements.

System for Award Management-Maintenance. (Deviation

2026-02

52.204-7

2026-O0038) System for Award Management-Registration. (Deviation 2026-

O0038)

Prohibition on Contracting With Inverted Domestic

DOCUMENT NUMBER FA286026Q0002

52.209-10 Corporations. (Deviation 2026-O0038)

2026-02 SEC I

52.212-1

Instructions to Offerors-Commercial Products and Commercial

52.212-4

Services. (Deviation 2026-O0038) Terms and Conditions-Commercial Products and Commercial

52.219-6

Services. (Deviation 2026-O0038) Notice of Total Small Business Set-Aside. (Deviation 2026-

52.222-19

O0038) Child Labor-Cooperation with Authorities and Remedies.

2026-03

(Deviation 2026-O0038)

52.222-3

52.222-36

Convict Labor. (Deviation 2026-O0038) Equal Opportunity for Workers with Disabilities. (Deviation

2026-02

52.222-50

52.222-90

Combating Trafficking in Persons. (Deviation 2026-O0038) Addressing DEI Discrimination by Federal Contractors.

2026-02

2026-04

52.223-23

(Deviation 2026-O0040, Revision 1) Sustainable Products. (Deviation 2026-O0038)

52.226-8

Encouraging Contractor Policies to Ban Text Messaging While 2024-05

52.232-33

Driving.

Payment by Electronic Funds Transfer-System for Award

2018-10

52.232-40

Management.

Providing Accelerated Payments to Small Business

2023-03

Subcontractors.

52.233-3

52.233-4

Protest after Award. (Deviation 2026-O0038) Applicable Law for Breach of Contract Claim. (Deviation

2026-02

52.240-90

Security Prohibitions and Exclusions Representations and

Certifications. (Deviation 2026-O0038)

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026-O0038) 2026-02 SEC I Subcontracts for Commercial Products and Commercial

52.244-6 2026-04 SEC I Services. (Deviation 2026-O0038)

CLAUSES IN FULL TEXT

CLAUSE

NO CLAUSE TITLE

ALT NO/

DEV NO

YEAR-

MO

CLAUSE TEXT

Prohibition on the Acquisition of Covered Defense

252.204-7017 2021-05 Telecommunications Equipment or Services-Representation.

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) Definitions. "Covered defense telecommunications equipment or services," "covered mission,"

"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) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (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) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) at https://www.sam.gov for entities that are excluded when providing 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, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has 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) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will 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).

https://www.sam.gov/

(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) 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 WebBased 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/ https://www.sam.gov/ https://wawf.eb.mil/ 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.

2in1

(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

See Schedule

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

N/A

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC) See Schedule

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)

Evaluation-Commercial Products and Commercial Services.

52.212-2 2026-02 (Deviation 2026-O0038)

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

(a) Evaluation factors. 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 will be used to evaluate offers:

[Insert evaluation factors in the relative order of importance. For requests for proposals, state:

Evaluation factors other than price when combined are [significantly more important than price /approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]

Price

Technical Capability

(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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)