Clauses FA487721QA163.pdf
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- Halon Fire Extinguisher Maintancence Federal contract opportunity
- Solicitation number
- FA487721QA163
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| SOW - FA487721QA163 - 6 Yr Extinguisher Maintenance_Redacted.pdf |
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DOCUMENT NUMBER SOLICITATION NUMBER
FA487721QA163 (Not Set)
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
SECTION
252.203-
Requirements Relating to Compensation of Former DoD Officials
2011-09 SEC I
252.203-
Requirement to Inform Employees of Whistleblower Rights.
2013-09 SEC I
252.203-
Representation Relating to Compensation of Former DoD Officials. As prescribed in
203.171-4(b), insert the following provision:
2011-11 SEC K
252.204-
Control of Government Personnel Work Product.
1992-04 SEC I
252.204-
Compliance with Safeguarding Covered Defense Information Controls.
2016-10 SEC L
252.204-
Safeguarding Covered Defense Information and Cyber Incident Reporting.
2019-12 SEC I
252.204-
Notice of Authorized Disclosure of Information for Litigation Support.
2016-05 SEC I
252.204-
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or
Services.
2021-01 SEC I
252.215-
Supplies and Services Provided by Nontraditional Defense Contractors.
2018-01 SEC L
252.225-
Buy American and Balance of Payments Program.
2017-12 SEC I
252.225-
Qualifying Country Sources as Subcontractors.
2017-12 SEC I
252.225-
Export-Controlled Items. 2013-06 SEC I
252.232-
Electronic Submission of Payment Requests and Receiving Reports.
2018-12 SEC G
252.232-
Levies on Contract Payments. 2006-12 SEC I
252.232-
Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and
Consideration.
2020-04 SEC I
252.237-
Prohibition on Interrogation of Detainees by Contractor Personnel.
2013-06 SEC I
252.243-
Pricing of Contract Modifications. 1991-12 SEC I
252.244-
Subcontracts for Commercial Items. 2020-10 SEC I
52.204-13 System for Award Management Maintenance.
2018-10 SEC I
52.204-16 Commercial and Government Entity Code Reporting.
2020-08 SEC L
52.204-18 Commercial and Government Entity Code Maintenance.
2020-08 SEC I
52.204-7 System for Award Management. 2018-10 SEC K
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.
2015-11 SEC I
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2020-06 SEC I
52.233-3 Protest after Award. 1996-08 SEC I
52.243-1 ALT I Changes-Fixed-Price. - (Alternate I) 1987-08 SEC I
52.249-4 Termination for Convenience of the Government (Services) (Short Form).
1984-04 SEC I
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).
1984-04 SEC I
52.253-1 Computer Generated Forms. 1991-01 SEC I
52.212-4 Contract Terms and Conditions- Commercial Items.
2018-10 SEC I
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
2020-06 SEC I
52.237-2 Protection of Government Buildings, Equipment, and Vegetation.
1984-04 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
CLAUSE TEXT
52.204-
Incorporation by Reference of Representations and Certifications.
2014-
As prescribed in , insert the following clause.4.1202(b)
Incorporation by Reference of Representations and Certifications (DEC 2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.204-
Alternative Line Item Proposal.
2017-
As prescribed in , insert the following provision:4.1008
Alternative Line Item Proposal (JAN 2017)
The Government recognizes that the line items established in this solicitation may not (a) conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
The Offeror may submit one or more additional proposals with alternative line items, (b) provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition
Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.204-
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
2020-
As prescribed in , insert the following clause:4.2105(b)
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
As used in this clause-(a) Definitions.
means intermediate links between the core network, or backbone network, and the Backhaul small subnetworks at the edge of the network ( , connecting cell phones/towers to the core e.g.
telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial e.g.
cable, Ethernet).
means The People's Republic of China.Covered foreign country means–Covered telecommunications equipment or services
Telecommunications equipment produced by Huawei Technologies Company or ZTE (1) Corporation (or any subsidiary or affiliate of such entities);
For the purpose of public safety, security of Government facilities, physical security (2) surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
Telecommunications or video surveillance services provided by such entities or using (3) such equipment; or
Telecommunications or video surveillance equipment or services produced or provided (4) by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
means–Critical technology
Defense articles or defense services included on the United States Munitions List set (1) forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 (2) of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
Pursuant to multilateral regimes, including for reasons relating to national security, (i) chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
For reasons relating to regional stability or surreptitious listening;(ii)
Specially designed and prepared nuclear equipment, parts and components, materials, (3) software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of (4) Federal Regulations (relating to export and import of nuclear equipment and material);
Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part (5) 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
Emerging and foundational technologies controlled pursuant to section 1758 of the (6) Export Control Reform Act of 2018 (50 U.S.C. 4817).
means arrangements governing the physical connection of two or Interconnection arrangements more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone e.g.
company B) or sharing data and other information resources.
means an inquiry designed to uncover any information in the entity's Reasonable inquiry possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
means cellular communications services ( , voice, video, data) received from a Roaming e.g.
visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
means any component necessary for the proper function or Substantial or essential component performance of a piece of equipment, system, or service.
. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense (1) Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for (2) Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
This clause does not prohibit contractors from providing-(c) Exceptions.
A service that connects to the facilities of a third-party, such as backhaul, roaming, or (1) interconnection arrangements; or
Telecommunications equipment that cannot route or redirect user data traffic or permit (2) visibility into any user data or packets that such equipment transmits or otherwise handles.
Reporting requirement. (d) In the event the Contractor identifies covered (1) telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
The Contractor shall report the following information pursuant to paragraph (d)(1) of this (2) clause
Within one business day from the date of such identification or notification: the (i) contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
Within 10 business days of submitting the information in paragraph (d)(2)(i) of this (ii) clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
The Contractor shall insert the substance of this clause, including this (e) Subcontracts.
paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.222-
DEV 2020-O0019
Child Labor Cooperation with Authorities and Remedies.
(DEVIATION 2020-O0019)
2020-
52.222-19 Child Labor Cooperation with Authorities and Remedies. (DEVIATION 2020- O0019)
Use the following clause in solicitations and contracts for the acquisition of supplies expected to exceed the micro-purchase threshold. When using the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items, as prescribed in 12.301(b)(4), in lieu of checking the box to indicate that FAR clause 52.222-19, Child Labor Cooperation with Authorities and Remedies, is applicable to the contract, insert the following clause in full text.
CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2020-
O0019) (JUL 2020)
(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in
(1) Israel, and the anticipated value of the acquisition is $50,000 or more;
(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or
(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.
(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.
(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:
(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.
(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.
(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)
(d) Remedies.
(1) The Contracting Officer may terminate the contract.
(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.
(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.
(End of clause)
252.204-
ALT A Alternate A, Annual Representations and Certifications.
2020-
Alternate A, Annual Representations and Certifications.
As prescribed in 204.1202, use the following provision:
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2020)
Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at
FAR 52.204-8:
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) Paragraph (e) applies. ____
(ii) Paragraph (e) does not apply and the Offeror has completed the individual ____ representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services— Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment—Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations. Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vi) 252.229-7012, Tax Exemptions (Italy)—Representation. Applies to solicitations and contracts when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)—Representation. Applies to solicitations and contracts when contract performance will be in Spain.
(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. ____
(ii) 252.225-7000, Buy American—Balance of Payments Program Certificate. ____
(iii) 252.225-7020, Trade Agreements Certificate. ____
Use with Alternate I. ____
(iv) 252.225-7031, Secondary Arab Boycott of Israel. ____
(v) 252.225-7035, Buy American—Free Trade Agreements—Balance of ____ Payments Program Certificate.
Use with Alternate I. ____
Use with Alternate II. ____
Use with Alternate III. ____
Use with Alternate IV. ____
Use with Alternate V. ____
(vi) 252.226-7002, Representation for Demonstration Project for Contractors ____ Employing Persons with Disabilities.
(vii) 252.232-7015, Performance-Based Payments—Representation. ____
(e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert
. These amended representation(s) and]changes, identifying change by provision number, title, date /or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Provision # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
(End of provision)
252.204-
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or ServicesRepresentation.
2020-
As prescribed in 204.2105(b), use the following provision:
PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)
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 Definitions 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) . 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-
Wide Area WorkFlow Payment Instructions.
2018-
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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.
(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.
2 in 1
(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 item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [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 F87700
Issue By DoDAAC FA4877
Admin DoDAAC FA4877
Inspect By DoDAAC F1P35F
Ship To Code F1P35F
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) The Contractor shall ensure a payment request includes Payment request.
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) The Contractor shall ensure a receiving report meets the Receiving report.
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)
52.204-
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
2020-
As prescribed in , insert the following provision:4.2105(a)
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered 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" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
As used in this provision-(a) Definitions.
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense (1) Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a (i) service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or (ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for (2) Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a (i) service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or (ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
The Offeror shall review the list of excluded parties in the System for Award (c) Procedures.
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
The Offeror represents that-(d) Representation.
It(1) will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)
(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
After conducting a reasonable inquiry, for purposes of this representation, the Offeror (2) represents that-
It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. Disclosure for the representation in paragraph (d)(1) of this provision. If (1) the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
For covered equipment-(i)
The entity that produced the covered telecommunications equipment (include (A) entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
A description of all covered telecommunications equipment offered (include (B) brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
Explanation of the proposed use of covered telecommunications equipment and (C) any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
For covered services-(ii)
If the service is related to item maintenance: A description of all covered (A) telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
If not associated with maintenance, the Product Service Code (PSC) of the service (B) being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has (2) responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
For covered equipment-(i)
The entity that produced the covered telecommunications equipment (include (A) entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
A description of all covered telecommunications equipment offered (include (B) brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
Explanation of the proposed use of covered telecommunications equipment and (C) any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
For covered services-(ii)
If the service is related to item maintenance: A description of all covered (A) telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
If not associated with maintenance, the PSC of the service being provided; and (B) explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.209-
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
2016-
As prescribed in , insert the following provision:9.104-7(d)
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016)
As required by sections 744 and 745 of Division E of the Consolidated and Further (a) Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–
Has any unpaid Federal tax liability that has been assessed, for which all judicial and (1) administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
Was convicted of a felony criminal violation under any Federal law within the preceding (2) 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
The Offeror represents that–(b)
It is(1) is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
It is(2) is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.219-
Post-Award Small Business Program Rerepresentation.
2020-
As prescribed in , insert the following clause:19.309(c)(1)
Post-Award Small Business Program Rerepresentation (Nov 2020)
. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. Long-term contract 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
Means a concern, including its affiliates, that is independently owned and operated, not (1) dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
, as used in this definition, means business concerns, one of whom directly or (2) Affiliates indirectly 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.
If the Contractor represented that it was any of the small business concerns identified in (b) 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after (1) modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 (2) 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.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any (ii) option thereafter.
If the Contractor represented that it was any of the small business concerns identified in (c) 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
The Contractor shall rerepresent its size status in accordance with the size standard in effect (d) 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.
The small business size standard for a Contractor providing a product which it does not (e) manufacture itself, for a contract other than a construction or service contract, is 500 employees.
Except as provided in paragraph (h) of this clause, the Contractor shall make the (f) representation(s) required by paragraph (b) and (c) 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 office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
If the Contractor represented that it was other than a small business concern prior to award (g) of this contract, the Contractor may, but is not required to, take the actions required by paragraphs
(f) or (h) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a (h) 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:
The Contractor represents that it(1) 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 .] The Contractor represents that itparagraph (h)(1) of this clause is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002
[ (3) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that itparagraph (h)(1) of this clause.
is, is not a women-owned small business concern.
Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself as a women-owned small business concern in
] The Contractor represents that-paragraph (h)(3) of this clause.
It(i) is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It(ii) is, is not a joint venture that complies with the requirements of , and the representation 13 CFR part 127 in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in ____ the joint venture shall submit a separate signed copy of the WOSB representation.
Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a women-owned small business concern
] The Contractor represents that-eligible under the WOSB Program in (h)(4) of this clause.
It(i) is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It(ii) is, is not a joint venture that complies with the requirements of , and the representation 13 CFR part 127 in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in ____ the joint venture shall submit a separate signed copy of the EDWOSB representation.
[ (6) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that itparagraph (h)(1) of this clause.
is, is not a veteran-owned small business concern.
[ (7) Complete only if the Contractor represented itself as a veteran-owned small business ] The Contractor represents that itconcern in paragraph (h)(6) of this clause.
is, is not a service-disabled veteran-owned small business concern.
[ (8) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that-paragraph (h)(1) of this clause.
It(i) is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
It(ii) is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each ____ HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[ ] Contractor to sign and date and insert authorized signer's name and title.
(End of clause)
52.204-1 Approval of Contract.
1989-
As prescribed in , insert the following clause:4.
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