CLSExport_FA489022R0010 Clauses (21Jan2022).pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA489022R00XX (Not Set)

CLAUSES INCORPORATED BY REFERENCE

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CLAUSE TITLE YEAR-

MO

SECTION

252.201-7000 Contracting Officer's Representative. 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09 SEC I

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.

2008-12 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.203-7003 Agency Office of the Inspector General. 2019-08 SEC I 252.203-7004 Display of Hotline Posters. 2019-08 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC L

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2019-12 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2016-05 SEC I

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2021-01 SEC I

252.205-7000 Provision of Information to Cooperative Agreement Holders. 1991-12 SEC I

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05 SEC I

252.211-7007 Reporting of Government-Furnished Property. 2012-08 SEC I

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2018-01 SEC L

252.219-7011 Notification to Delay Performance. 1998-06 SEC I 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 SEC I 252.223-7004 Drug-Free Work Force. 1988-09 SEC I

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7003 Report of Intended Performance Outside the United States 2020-10 SEC L

252.225-7004 Report of Intended Performance Outside the United States and Canada -Submission after Award.

2020-10 SEC I

252.225-7041 Correspondence in English. 1997-06 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04 SEC I

252.229-7006 Value Added Tax Exclusion (United Kingdom) 2011-12 SEC B 252.229-7007 Verification of United States Receipt of Goods. 1997-06 SEC B

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7008 Assignment of Claims (Overseas). 1997-06 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.

2020-04 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I

252.244-7000 Subcontracts for Commercial Items. 2020-10 SEC I

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property.

2012-04 SEC E

252.245-7002 Reporting Loss of Government Property 2021-01 SEC I 252.245-7003 Contractor Property Management System Administration 2012-04 SEC I

52.202-1 Definitions. 2020-06 SEC I 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 SEC I

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

2020-06 SEC I

52.203-13 Contractor Code of Business Ethics and Conduct. 2020-06 SEC I

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

2020-06 SEC I

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01 SEC I

52.203-5 Covenant Against Contingent Fees. 2014-05 SEC I 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I 52.203-7 Anti-Kickback Procedures. 2020-06 SEC I

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

2014-05 SEC I

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

2020-06 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

52.204-19 Incorporation by Reference of Representations and Certifications.

2014-12 SEC I

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

2016-06 SEC I

52.204-22 Alternative Line Item Proposal. 2017-01 SEC L

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

2018-07 SEC I

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2020-08 SEC I

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

2011-05 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

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

2020-06 SEC I

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

2018-10 SEC I

52.210-1 Market Research. 2020-06 SEC I 52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L 52.215-15 Pension Adjustments and Asset Reversions. 2010-10 SEC I

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.

2005-07 SEC I

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

2010-10 SEC L

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

2020-06 SEC I

52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 SEC I 52.219-13 Notice of Set-Aside of Orders. 2020-03 SEC I 52.219-33 Nonmanufacturer Rule. 2021-09 SEC I 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 SEC I 52.219-8 Utilization of Small Business Concerns. 2018-10 SEC I 52.222-1 Notice to the Government of Labor Disputes. 1997-02 SEC I

52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation. 1999-02 SEC L 52.222-26 Equal Opportunity. 2016-09 SEC I 52.222-29 Notification of Visa Denial. 2015-04 SEC I 52.222-35 Equal Opportunity for Veterans. 2020-06 SEC I 52.222-37 Employment Reports on Veterans. 2020-06 SEC I 52.222-41 Service Contract Labor Standards. 2018-08 SEC I

52.222-43 Fair Labor Standards Act and Service Contract Labor

Standards-Price Adjustment (Multiple Year and Option Contracts).

2018-08 SEC I

52.222-50 Combating Trafficking in Persons. 2020-10 SEC I 52.222-54 Employment Eligibility Verification. 2015-10 SEC I 52.222-55 Minimum Wages Under Executive Order 13658. 2020-11 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 SEC I 52.223-10 Waste Reduction Program. 2011-05 SEC I

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2020-06 SEC I

52.223-19 Compliance with Environmental Management Systems. 2011-05 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.224-3 Privacy Training. 2017-01 SEC I 52.224-3 ALT I Privacy Training. - (Alternate I) 2017-01 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I 52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I 52.229-12 Tax on Certain Foreign Procurements. 2021-02 SEC I 52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 SEC I 52.232-17 Interest. 2014-05 SEC I 52.232-29 Terms for Financing of Purchases of Commercial Items. 2002-02 SEC I

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

2018-10 SEC I

52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

52.233-1 Disputes. 2014-05 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.237-1 Site Visit. 1984-04 SEC L

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04 SEC I

52.242-13 Bankruptcy. 1995-07 SEC I 52.242-15 Stop-Work Order. 1989-08 SEC F 52.243-1 ALT I Changes-Fixed-Price. - (Alternate I) 1987-08 SEC I 52.244-6 Subcontracts for Commercial Items. 2021-07 SEC I 52.245-1 Government Property. 2021-09 SEC I 52.245-9 Use and Charges. 2012-04 SEC I 52.246-25 Limitation of Liability-Services. 1997-02 SEC I 52.246-26 Reporting Nonconforming Items. 2020-06 SEC I 52.246-4 Inspection of Services-Fixed-Price. 1996-08 SEC E 52.247-34 F.o.b. Destination. 1991-11 SEC F 52.247-6 Financial Statement. 1984-04 SEC L 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I

52.249-4 Termination for Convenience of the Government (Services) (Short Form).

1984-04 SEC I

52.249-8 Default (Fixed-Price Supply and Service). 1984-04 SEC I 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 SEC I 52.204-14 Service Contract Reporting Requirements. 2016-10 SEC I 52.215-19 Notification of Ownership Changes. 1997-10 SEC I

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation.

2018-05 SEC I

52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I 52.227-1 Authorization and Consent. 2020-06 SEC I 52.228-3 Workers’ Compensation Insurance (Defense Base Act). 2014-07 SEC I 52.232-18 Availability of Funds. 1984-04 SEC I 52.232-22 Limitation of Funds. 1984-04 SEC I 52.233-1 ALT I Disputes. - (Alternate I) 1991-12 SEC I 52.237-3 Continuity of Services. 1991-01 SEC I 52.242-1 Notice of Intent to Disallow Costs. 1984-04 SEC I 52.243-2 ALT I Changes-Cost-Reimbursement. - (Alternate I) 1984-04 SEC I 52.251-1 Government Supply Sources. 2012-04 SEC I

252.204-7000 Disclosure of Information. 2016-10 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 SEC I

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

2016-10 SEC I

252.211-7008 Use of Government-Assigned Serial Numbers. 2010-09 SEC I

252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

2019-07 SEC L

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 SEC I 252.229-7002 Customs Exemptions (Germany). 1997-06 SEC B 252.229-7008 Relief from Import Duty (United Kingdom). 2011-12 SEC I

252.229-7009 Relief from Customs Duty and Value Added Tax on Fuel (Passenger Vehicles) (United Kingdom).

1997-06 SEC I

252.229-7010 Relief from Customs Duty on Fuel (United Kingdom). 1997-06 SEC I 252.239-7001 Information Assurance Contractor Training and Certification. 2008-01 SEC I 252.246-7003 Notification of Potential Safety Issues. 2013-06 SEC I

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

2010-10 SEC I

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2020-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2020-11 SEC I 252.204-7022 Expediting Contract Closeout. 2021-05 SEC I

252.225-7974 DEV 2020-O0005 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005)

2020-02 SEC I

CLAUSES IN FULL TEXT

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DEV NO

CLAUSE TITLE YEAR-

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CLAUSE TEXT

52.204-2 Security Requirements. 2021-03

As prescribed in , insert the following clause:4.404(a)

Security Requirements (Mar 2021)

This clause applies to the extent that this contract involves access to information classified (a) "Confidential," "Secret," or "Top Secret."

The Contractor shall comply with-(b)

The Security Agreement DD Form441), including the (1) National Industrial Security andProgram Operating Manual (32 CFR part 117);

Any revisions to that manual, notice of which has been furnished to the Contractor.(2)

If, subsequent to the date of this contract, the security classification or security requirements (c) under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The Contractor agrees to insert terms that conform substantially to the language of this clause, (d) including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.215-1 Instructions to Offerors-Competitive Acquisition. 2017-01

As prescribed in , insert the following provision:15.209(a)

Instructions to Offerors-Competitive Acquisition (JAN 2017)

. As used in this provision-(a) Definitions are negotiations that occur after establishment of the competitive range that may, at Discussions the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

, "writing," or "written" means any worded or numbered expression that can be read, In writing reproduced, and later communicated, and includes electronically transmitted and stored information.

is a change made to a proposal before the solicitation's closing date and Proposal modification time, or made in response to an amendment, or made to correct a mistake at any time before award.

is a change to a proposal made after the solicitation closing date, at the request Proposal revision of or as allowed by a Contracting Officer as the result of negotiations.

, if stated as a number of days, is calculated using calendar days, unless otherwise specified, Time and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

. If this solicitation is amended, all terms and conditions that are (b) Amendments to solicitations not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

Submission, modification, revision, and withdrawal of proposals. (c) Unless other methods ( (1) e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)

(ii) of this provision.

The first page of the proposal must show-(2)

The solicitation number;(i)

The name, address, and telephone and facsimile numbers of the offeror (and electronic (ii) address if available);

A statement specifying the extent of agreement with all terms, conditions, and (iii) provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

Names, titles, and telephone and facsimile numbers (and electronic addresses if (iv) available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

Name, title, and signature of person authorized to sign the proposal. Proposals signed by (v) an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

Submission, modification, revision, and withdrawal of proposals. (3) Offerors are responsible (i) for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) Any proposal, modification, or revision received at the Government office designated (A) in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

If it was transmitted through an electronic commerce method authorized by the (1) solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:

00 p.m. oneworking day prior to the date specified for receipt of proposals; or

There is acceptable evidence to establish that it was received at the Government (2) installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

It is the only proposal received.(3)

However, a late modification of an otherwise successful proposal that makes its (B) terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the Government installation (iii) includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

If an emergency or unanticipated event interrupts normal Government processes so that (iv) proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Proposals may be withdrawn by written notice received at any time before award. Oral (v) proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

Unless otherwise specified in the solicitation, the offeror may propose to provide any item (4) or combination of items.

Offerors shall submit proposals in response to this solicitation in English, unless otherwise (5) permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation.

Offerors may submit modifications to their proposals at any time before the solicitation (6) closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

Offerors may submit revised proposals only if requested or allowed by the Contracting (7) Officer.

Proposals may be withdrawn at any time before award. Withdrawals are effective upon (8) receipt of notice by the Contracting Officer.

. Proposals in response to this solicitation will be valid for the number of (d) Offer expiration date days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

. Offerors that include in their proposals data that they (e) Restriction on disclosure and use of data do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-

Mark the title page with the following legend:(1)

This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [ ]; andinsert numbers or other identification of sheets

Mark each sheet of data it wishes to restrict with the following legend:(2)

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

Contract award. (f) The Government intends to award a contract or contracts resulting from this (1) solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.

The Government may reject any or all proposals if such action is in the Government's (2) interest.

The Government may waive informalities and minor irregularities in proposals received.(3)

The Government intends to evaluate proposals and award a contract without discussions (4) with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

The Government reserves the right to make an award on any item for a quantity less than (5) the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal.

The Government reserves the right to make multiple awards if, after considering the (6) additional administrative costs, it is in the Government's best interest to do so.

Exchanges with offerors after receipt of a proposal do not constitute a rejection or (7) counteroffer by the Government.

The Government may determine that a proposal is unacceptable if the prices proposed are (8) materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

If a cost realism analysis is performed, cost realism may be considered by the source (9) selection authority in evaluating performance or schedule risk.

A written award or acceptance of proposal mailed or otherwise furnished to the successful (10) offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

If a post-award debriefing is given to requesting offerors, the Government shall disclose (11) the following information, if applicable:

The agency's evaluation of the significant weak or deficient factors in the debriefed (i) offeror's offer.

The overall evaluated cost or price and technical rating of the successful and the (ii) debriefed offeror and past performance information on the debriefed offeror.

The overall ranking of all offerors, when any ranking was developed by the agency (iii) during source selection.

A summary of the rationale for award.(iv)

For acquisitions of commercial items, the make and model of the item to be delivered by (v) the successful offeror.

Reasonable responses to relevant questions posed by the debriefed offeror as to whether (vi) sourceselection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.217-5 Evaluation of Options. 1990-07

As prescribed in , insert a provision substantially the same as the following:17.208(c)

Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act.

2010-12

As prescribed in , insert the following clause:22.1605

Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

During the term of this contract, the Contractor shall post an employee notice, of such size and (a) in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

Physical posting of the employee notice shall be in conspicuous places in and about the (1) Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

If the Contractor customarily posts notices to employees electronically, then the Contractor (2) shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

This required employee notice, printed by the Department of Labor, may be-(b)

Obtained from the Division of Interpretations and Standards, Office of Labor-Management (1) Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

Provided by the Federal contracting agency if requested;(2)

Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.(3) gov/olms/regs/compliance/EO13496.htm; or

Reproduced and used as exact duplicate copies of the Department of Labor's official poster.(4)

The required text of the employee notice referred to in this clause is located at Appendix A, (c) Subpart A, .29 CFR Part 471

The Contractor shall comply with all provisions of the employee notice and related rules, (d) regulations, and orders of the Secretary of Labor.

In the event that the Contractor does not comply with the requirements set forth in paragraphs (e)

(a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with and subpart 9.4. Such other 29 CFR 471.14 sanctions or remedies may be imposed as are provided by , which implements Executive 29 CFR part 471 Order 13496 or as otherwise provided by law.

Subcontracts. (f) The Contractor shall include the substance of this clause, including this (1) paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

The Contractor shall not procure supplies or services in a way designed to avoid the (2) applicability of Executive Order 13496 or this clause.

The Contractor shall take such action with respect to any such subcontract as may be (3) directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

However, if the Contractor becomes involved in litigation with a subcontractor, or is (4) threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.232-1 Payments. 1984-04

As prescribed in , insert the following clause, appropriately modified with respect to 32.111(a)(1) payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

Payments (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

The amount due on the deliveries warrants it; or(a)

The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent (b) of the total contract price.

(End of clause)

52.232-11 Extras. 1984-04

As prescribed in , insert the following clause, appropriately modified with respect to 32.111(c)(2) payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:

Extras (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of clause)

52.232-25 Prompt Payment. 2017-01

As prescribed in , insert the following clause:32.908(c)

Prompt Payment (JAN 2017)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.

All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments- (a) Due date.(1) Except as indicated in paragraphs (a)(2) and (c) of this (i) clause, the due date for making invoice payments by the designated payment office is the later of the following two events:

The 30 thday after the designated billing office receives a proper invoice from the (A) Contractor (except as provided in paragraph (a)(1)(ii) of this clause).

The 30 thday after Government acceptance of supplies delivered or services (B) performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

If the designated billing office fails to annotate the invoice with the actual date of (ii) receipt at the time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

Certain food products and other payments. (2) Due dates on Contractor invoices for meat, (i) meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-

For meat or meat food products, as defined in section 2(a)(3) of the Packers and (A) Stockyard Act of1921 (7 U.S.C.182(3)), and as further defined in Pub.L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7 thday after product delivery.

For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood (B) Promotion Act of1986 (16 U.S.C.4003(3)), as close as possible to, but not later than, the 7 thday after product delivery.

For perishable agricultural commodities, as defined in section 1(4) of the Perishable (C) Agricultural Commodities Act of1930 (7 U.S.C.499a(4)), as close as possible to, but not later than, the 10 thday after product delivery, unless another date is specified in the contract.

For dairy products, as defined in section 111(e) of the Dairy Production Stabilization (D) Act of1983 (7 U.S.C.4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10 thday after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

If the contract does not require submission of an invoice for payment ( periodic (ii) e.g., lease payments), the due date will be as specified in the contract.

. The Contractor shall prepare and submit invoices to the designated (3) Contractor's invoice billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)

(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

Name and address of the Contractor.(i)

Invoice date and invoice number. (The Contractor should date invoices as close as (ii) possible to the date of the mailing or transmission.)

Contract number or other authorization for supplies delivered or services performed (iii) (including order number and line item number).

Description, quantity, unit of measure, unit price, and extended price of supplies (iv) delivered or services performed.

Shipping and payment terms ( shipment number and date of shipment, discount for (v) e.g., prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

Name and address of Contractor official to whom payment is to be sent (must be the (vi) same as that in the contract or in a proper notice of assignment).

Name (where practicable), title, phone number, and mailing address of person to notify (vii) in the event of a defective invoice.

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the (viii) invoice only if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.(ix)

The Contractor shall include EFT banking information on the invoice only if (A) required elsewhere in this contract.

If EFT banking information is not required to be on the invoice, in order for the (B) invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision ( 52.232-38, Submission of Electronic Funds e.g., Transfer Information with Offer), contract clause ( 52.232-33, Payment by Electronic Funds e.g., Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement (C) to pay by EFT.

Any other information or documentation required by the contract ( evidence of (x) e.g., shipment).

. The designated payment office will pay an interest penalty automatically, (4) Interest penalty without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

The designated billing office received a proper invoice.(i)

The Government processed a receiving report or other Government documentation (ii) authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

In the case of a final invoice for any balance of funds due the Contractor for supplies (iii) delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

. The Government will compute the interest penalty in (5) Computing penalty amount accordance with the Office of Management and Budget prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor, (i) Government acceptance is deemed to occur constructively on the 7 thday (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to (ii) pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

. The designated payment office will pay an interest penalty (6) Discounts for prompt payment automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at .5 CFR Part 1315

Additional interest penalty. (7) The designated payment office will pay a penalty amount, (i) calculated in accordance with the prompt payment regulations at in addition to the 5 CFR Part 1315 interest penalty amount only if-

The Government owes an interest penalty of $1 or more;(A)

The designated payment office does not pay the interest penalty within 10 days after (B) the date the invoice amount is paid; and

The Contractor makes a written demand to the designated payment office for (C) additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii) The Contractor shall support written demands for additional penalty payments with the (A) following data. The Government will not request any additional data. The Contractor shall-

Specifically assert that late payment interest is due under a specific invoice, and (1) request payment of all overdue late payment interest penalty and such additional penalty as may be required;

Attach a copy of the invoice on which the unpaid late payment interest is due; and(2)

State that payment of the principal has been received, including the date of receipt.(3)

If there is no postmark or the postmark is illegible-(B)

The designated payment office that receives the demand will annotate it with the (1) date of receipt, provided the demand is received on or before the 40th day after payment was made; or

If the designated payment office fails to make the required annotation, the (2) Government will determine the demand’s validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made.

The additional penalty does not apply to payments regulated by other Government (iii) regulations ( payments under utility contracts subject to tariffs and regulation).e.g., . If this contract provides for contract financing, the Government (b) Contract financing payment will make contract financing payments in accordance with the applicable contract financing clause.

. If this contract contains the clause at 52.213-1, Fast (c) Fast payment procedure due dates Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.

. If the Contractor becomes aware of a duplicate contract financing or invoice (d) Overpayments payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

Remit the overpayment amount to the payment office cited in the contract along with a (1) description of the overpayment including the-

Circumstances of the overpayment ( , duplicate payment, erroneous payment, (i) e.g.

liquidation errors, date(s) of overpayment);

Affected contract number and delivery order number if applicable;(ii)

Affected line item or subline item, if applicable; and(iii)

Contractor point of contact.(iv)

Provide a copy of the remittance and supporting documentation to the Contracting Officer.(2)

(End of clause)

52.232-8 Discounts for Prompt Payment. 2002-02

As prescribed in , insert the following clause:32.111(b)(1)

Discounts for Prompt Payment (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any (a) offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the (b) date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.215-1 ALT II

Instructions to Offerors-Competitive Acquisition. - (Alternate

II)

1997-10

As prescribed in , insert the following provision:15.209(a)

Instructions to Offerors-Competitive Acquisition (JAN 2017)

. As used in this provision-(a) Definitions are negotiations that occur after establishment of the competitive range that may, at Discussions the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal.

, "writing," or "written" means any worded or numbered expression that can be read, In writing reproduced, and later communicated, and includes electronically transmitted and stored information.

is a change made to a proposal before the solicitation's closing date and Proposal modification time, or made in response to an amendment, or made to correct a mistake at any time before award.

is a change to a proposal made after the solicitation closing date, at the request Proposal revision of or as allowed by a Contracting Officer as the result of negotiations.

, if stated as a number of days, is calculated using calendar days, unless otherwise specified, Time and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

. If this solicitation is amended, all terms and conditions that are (b) Amendments to solicitations not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

Submission, modification, revision, and withdrawal of proposals. (c) Unless other methods ( (1) e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)

(ii) of this provision.

The first page of the proposal must show-(2)

The solicitation number;(i)

The name, address, and telephone and facsimile numbers of the offeror (and electronic (ii) address if available);

A statement specifying the extent of agreement with all terms, conditions, and (iii) provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

Names, titles, and telephone and facsimile numbers (and electronic addresses if (iv) available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

Name, title, and signature of person authorized to sign the proposal. Proposals signed by (v) an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

Submission, modification, revision, and withdrawal of proposals. (3) Offerors are responsible (i) for submitting proposals, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii) Any proposal, modification, or revision received at the Government office designated (A) in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

If it was transmitted through an electronic commerce method authorized by the (1) solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:

00 p.m. oneworking day prior to the date specified for receipt of proposals; or

There is acceptable evidence to establish that it was received at the Government (2) installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

It is the only proposal received.(3)

However, a late modification of an otherwise successful proposal that makes its (B) terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the Government installation (iii) includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

If an emergency or unanticipated event interrupts normal Government processes so that (iv) proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Proposals may be withdrawn by…