CLSExport_FA857126Q0031.pdf

DOCUMENT NUMBER

FA857126Q0031

CLAUSES INCORPORATED BY REFERENCE

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ALT NO/

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CLAUSE TITLE YEAR-

MO

SECTION

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.

2023-01 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

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

2022-09 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 K

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

2023-01 SEC I

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I 252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L 252.205-7000 Provision of Information to Cooperative Agreement Holders. 2024-10 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

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

2023-01 SEC L

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2023-01 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2022-04 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05 SEC K

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01 SEC I

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.

2023-06 SEC K

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06 SEC I

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

2023-01 SEC I

252.231-7000 Supplemental Cost Principles 1991-12 SEC G

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

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01 SEC I

252.239-7001 Information Assurance Contractor Training and Certification. 2008-01 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11 SEC I

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

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

2017-01 SEC I

52.203-3 Gratuities. 1984-04 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

52.204-22 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 Covered Entities.

2023-12 SEC I

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

2021-11 SEC I

52.204-27 Prohibition on a ByteDance Covered Application. 2023-06 SEC I 52.204-7 System for Award Management. 2024-11 SEC L

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus.

2021-11 SEC I

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

2025-01 SEC I

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

2018-10 SEC I

52.215-2 Audit and Records-Negotiation. 2020-06 SEC I 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 SEC I 52.217-5 Evaluation of Options. 1990-07 SEC M 52.219-8 Utilization of Small Business Concerns. 2025-01 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.222-35 Equal Opportunity for Veterans. 2020-06 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I 52.222-37 Employment Reports on Veterans. 2020-06 SEC I

52.222-40 Notification of Employee Rights Under the National Labor Relations Act.

2010-12 SEC I

52.222-50 Combating Trafficking in Persons. 2025-10 SEC I 52.222-54 Employment Eligibility Verification. 2025-01 SEC I 52.223-23 Sustainable Products and Services. 2024-05 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I 52.226-7 Drug-Free Workplace. 2024-05 SEC I

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

2024-05 SEC I

52.229-12 Tax on Certain Foreign Procurements. 2021-02 SEC I 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments). 2013-02 SEC I 52.230-2 Cost Accounting Standards. 2020-06 SEC I 52.230-5 Cost Accounting Standards-Educational Institution. 2020-06 SEC I 52.230-6 Administration of Cost Accounting Standards. 2010-06 SEC I 52.232-1 Payments. 1984-04 SEC I 52.232-17 Interest. 2014-05 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I 52.232-25 Prompt Payment. 2017-01 SEC I

Payment by Electronic Funds Transfer-System for Award

52.232-33 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.

2023-03 SEC I

52.232-8 Discounts for Prompt Payment. 2002-02 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

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or

Assembled by American Security Drone Act-Covered Foreign Entities.

2024-11 SEC I

52.242-13 Bankruptcy. 1995-07 SEC I 52.242-15 Stop-Work Order. 1989-08 SEC F 52.243-1 Changes-Fixed-Price. 1987-08 SEC I 52.243-1 ALT I Changes-Fixed-Price. (Alternate I) 1984-04 SEC I 52.244-5 Competition in Subcontracting. 2024-08 SEC I

52.244-6 Subcontracts for Commercial Products and Commercial Services.

2025-10 SEC I

52.246-15 Certificate of Conformance. 1984-04 SEC E 52.246-25 Limitation of Liability-Services. 1997-02 SEC I 52.246-4 Inspection of Services-Fixed-Price. 1996-08 SEC E 52.247-15 Contractor Responsibility for Loading and Unloading. 1984-04 SEC I 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 52.232-11 Extras. 1984-04 SEC I

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

2023-12 SEC K

252.204-7012 DEV 2024-O0013 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)

2024-05 SEC I

52.223-10 DEV 2025-O0004 Waste Reduction Program. (DEVIATION 2025-O0004) 2025-03 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TITLE ALT NO/

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CLAUSE TEXT

252.204-7007 Alternate A, Annual Representations and Certifications. ALT A 2025-10

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2025)

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 $200,000 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.

(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 . After reviewing the SAM database information, the Offeror https://www.sam.gov 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 changes, identifying change

. These amended representation(s) and/or certification(s) are also ]by provision number, title, date 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)

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services-Representation.

2021-05

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

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

252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) 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 F3QCCL

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation Payment request.

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 requirements Receiving report.

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.

Kelsey Jackson, Kelsey.Jackson.9@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

52.216-1 Type of Contract. 1984-04

Type of Contract (APR 1984)

The Government contemplates award of a [Contracting Officer insert specific type of contract] ____ contract resulting from this solicitation.

(End of provision)

52.232-12 Advance Payments. 2001-05

Advance Payments (MAY 2001)

. Advance payments will be made under this contract (1) upon (a) Requirements for payment submission of properly certified invoices or vouchers by the Contractor, and approval by the administering office, [insert the name of the office designated under agency procedures], or (2) ____ under a letter of credit. The amount of the invoice or voucher submitted plus all advance payments previously approved shall not exceed $ . If a letter of credit is used, the Contractor shall withdraw ____ cash only when needed for disbursements acceptable under this contract and report cash disbursements and balances as required by the administering office. The Contractor shall apply terms similar to this clause to any advance payments to subcontractors.

Until (1) the Contractor has liquidated all advance payments made under the (b) Special account.

contract and related interest charges and (2) the administering office has approved in writing the release of any funds due and payable to the Contractor, all advance payments and other payments under this contract shall be made by check payable to the Contractor marked for deposit only in the Contractor's special account with the [insert the name of the financial institution]. None of the funds in the ____ special account shall be mingled with other funds of the Contractor. Withdrawals from the special account may be made only by check of the Contractor countersigned by the Contracting Officer or a Government countersigning agent designated in writing by the Contracting Officer.

. The Contractor may withdraw funds from the special account only to pay for (c) Use of funds properly allocable, allowable, and reasonable costs for direct materials, direct labor, and indirect costs.

Other withdrawals require approval in writing by the administering office. Determinations of whether costs are properly allocable, allowable, and reasonable shall be in accordance with generally accepted accounting principles, subject to any applicable subparts of part 31 of the Federal Acquisition Regulation.

At any time, the Contractor may repay all or any part of the funds (d) Repayment to the Government.

advanced by the Government. Whenever requested in writing to do so by the administering office, the Contractor shall repay to the Government any part of unliquidated advance payments considered by the administering office to exceed the Contractor's current requirements or the amount specified in paragraph

(a) of this clause. If the Contractor fails to repay the amount requested by the administering office, all or any part of the unliquidated advance payments may be withdrawn from the special account by check signed by only the countersigning agent and applied to reduction of the unliquidated advance payments under this contract.

. When the sum of all unliquidated advance payments, unpaid interest charges, (e) Maximum payment and other payments exceed percent of the contract price, the Government shall withhold further ____ payments to the Contractor. On completion or termination of the contract, the Government shall deduct from the amount due to the Contractor all unliquidated advance payments and all interest charges payable. If previous payments to the Contractor exceed the amount due, the excess amount shall be paid to the Government on demand. For purposes of this paragraph, the contract price shall be considered to be the stated contract price of $ , less any subsequent price reductions under the contract, plus (1) ____ any price increases resulting from any terms of this contract for price redetermination or escalation, and

(2) any other price increases that do not, in the aggregate, exceed $ [insert an amount not higher than ____

10 percent of the stated contract amount inserted in this paragraph]. Any payments withheld under this paragraph shall be applied to reduce the unliquidated advance payments. If full liquidation has been made, payments under the contract shall resume.

Interest.(f)

The Contractor shall pay interest to the Government on the daily unliquidated advance payments (1) at the daily rate specified in paragraph (f)(3) of this clause. Interest shall be computed at the end of each calendar month for the actual number of days involved. For the purpose of computing the interest charge-

Advance payments shall be considered as increasing the unliquidated balance as of the date of the (i) advance payment check;

Repayments by Contractor check shall be considered as decreasing the unliquidated balance as of (ii) the date on which the check is received by the Government authority designated by the Contracting Officer; and

Liquidations by deductions from Government payments to the Contractor shall be considered as (iii) decreasing the unliquidated balance as of the date of the check for the reduced payment.

Interest charges resulting from the monthly computation shall be deducted from payments, other (2) than advance payments, due the Contractor. If the accrued interest exceeds the payment due, any excess interest shall be carried forward and deducted from subsequent payments. Interest carried forward shall not be compounded. Interest on advance payments shall cease to accrue upon satisfactory completion or termination of the contract for the convenience of the Government. The Contractor shall charge interest on advance payments to subcontractors in the manner described above and credit the interest to the Government. Interest need not be charged on advance payments to nonprofit educational or research subcontractors for experimental, developmental, or research work.

If interest is required under the contract, the Contracting Officer shall determine a daily interest (3) rate based on the higher of (i) the published prime rate of the financial institution (depository) in which the special account is established or (ii) the rate established by the Secretary of the Treasury under Pub.L.

92-41 (50 U.S.C. App.1215(b)(2)). The Contracting Officer shall revise the daily interest rate during the contract period in keeping with any changes in the cited interest rates.

If the full amount of interest charged under this paragraph has not been paid by deduction or (4) otherwise upon completion or termination of this contract, the Contractor shall pay the remaining interest to the Government on demand.

Before an advance payment is made under this contract, the (g) Financial institution agreement.

Contractor shall transmit to the administering office, in the form prescribed by the administering office, an agreement in triplicate from the financial institution in which the special account is established, clearly setting forth the special character of the account and the responsibilities of the financial institution under the account. The Contractor shall select a financial institution that is a member bank of the Federal Reserve System, an "insured" bank within the meaning of the Federal Deposit Insurance Corporation Act (12 U.S.C.1811), or a credit union insured by the National Credit Union Administration.

. The Government shall have a lien upon any balance in the special (h) Lien on special bank account account paramount to all other liens. The Government lien shall secure the repayment of any advance payments made under this contract and any related interest charges.

Lien on property under contract.(i)

All advance payments under this contract, together with interest charges, shall be secured, when (1) made, by a lien in favor of the Government, paramount to all other liens, on the supplies or other things covered by this contract and on material and other property acquired for or allocated to the performance of this contract, except to the extent that the Government by virtue of any other terms of this contract, or otherwise, shall have valid title to the supplies, materials, or other property as against other creditors of the Contractor.

The Contractor shall identify, by marking or segregation, all property that is subject to a lien in (2) favor of the Government by virtue of any terms of this contract in such a way as to indicate that it is subject to a lien and that it has been acquired for or allocated to performing this contract. If, for any reason, the supplies, materials, or other property are not identified by marking or segregation, the Government shall be considered to have a lien to the extent of the Government's interest under this contract on any mass of property with which the supplies, materials, or other property are commingled.

The Contractor shall maintain adequate accounting control over the property on its books and records.

If, at any time during the progress of the work on the contract, it becomes necessary to deliver to a (3) third person any items or materials on which the Government has a lien, the Contractor shall notify the third person of the lien and shall obtain from the third person a receipt in duplicate acknowledging the existence of the lien. The Contractor shall provide a copy of each receipt to the Contracting Officer.

If, under the termination clause, the Contracting Officer authorizes the Contractor to sell or retain (4) termination inventory, the approval shall constitute a release of the Government's lien to the extent that-

The termination inventory is sold or retained; and(i)

The sale proceeds or retention credits are applied to reduce any outstanding advance payments.(ii) Insurance.(j)

The Contractor shall maintain with responsible insurance carriers-(1)

Insurance on plant and equipment against fire and other hazards, to the extent that similar (i) properties are usually insured by others operating plants and properties of similar character in the same general locality;

Adequate insurance against liability on account of damage to persons or property; and(ii)

Adequate insurance under all applicable workers' compensation laws.(iii)

Until work under this contract has been completed and all advance payments made under the (2) contract have been liquidated, the Contractor shall-

Maintain this insurance;(i)

Maintain adequate insurance on any materials, parts, assemblies, subassemblies, supplies, (ii) equipment, and other property acquired for or allocable to this contract and subject to the Government lien under paragraph (i) of this clause; and

Furnish any evidence with respect to its insurance that the administering office may require.(iii) Default.(k)

If any of the following events occurs, the Government may, by written notice to the Contractor, (1) withhold further withdrawals from the special account and further payments on this contract:

Termination of this contract for a fault of the Contractor.(i)

A finding by the administering office that the Contractor has failed to-(ii)

Observe any of the conditions of the advance payment terms;(A)

Comply with any material term of this contract;(B)

Make progress or maintain a financial condition adequate for performance of this contract;(C)

Limit inventory allocated to this contract to reasonable requirements; or(D)

Avoid delinquency in payment of taxes or of the costs of performing this contract in the ordinary (E) course of business.

The appointment of a trustee, receiver, or liquidator for all or a substantial part of the Contractor's (iii) property, or the institution of proceedings by or against the Contractor for bankruptcy, reorganization, arrangement, or liquidation.

The service of any writ of attachment, levy of execution, or commencement of garnishment (iv) proceedings concerning the special account.

The commission of an act of bankruptcy.(v)

If any of the events described in paragraph (k)(1) of this clause continue for 30 days after the (2) written notice to the Contractor, the Government may take any of the following additional actions:

Withdraw by checks payable to the Treasurer of the United States, signed only by the (i) countersigning agency, all or any part of the balance in the special account and apply the amounts to reduce outstanding advance payments and any other claims of the Government against the Contractor.

Charge interest, in the manner prescribed in paragraph (f) of this clause, on outstanding advance (ii) payments during the period of any event described in paragraph (k)(1) of this clause.

Demand immediate repayment by the Contractor of the unliquidated balance of advance (iii) payments.

Take possession of and, with or without advertisement, sell at public or private sale all or any part (iv) of the property on which the Government has a lien under this contract and, after deducting any expenses incident to the sale, apply the net proceeds of the sale to reduce the unliquidated balance of advance payments or other Government claims against the Contractor.

The Government may take any of the actions described in paragraphs (k)(1) and (2) of this clause (3) it considers appropriate at its discretion and without limiting any other rights of the Government.

. Notwithstanding any other terms of this contract, the Contractor (l) Prohibition against assignment shall not assign this contract, any interest therein, or any claim under the contract to any party.

. The Contractor shall furnish to the administering office (1) (m) Information and access to records monthly or at other intervals as required, signed or certified balance sheets and profit and loss statements together with a report on the operation of the special account in the form prescribed by the administering office; and (2) if requested, other information concerning the operation of the Contractor's business. The Contractor shall provide the authorized Government representatives proper facilities for inspection of the Contractor's books, records, and accounts.

. The terms of this contract are considered to provide adequate security to the (n) Other security Government for advance payments; however, if the administering office considers the security inadequate, the Contractor shall furnish additional security satisfactory to the administering office, to the extent that the security is available.

. The Contractor represents the following:(o) Representations

The balance sheet, the profit and loss statement, and any other supporting financial statements (1) furnished to the administering office fairly reflect the financial condition of the Contractor at the date shown or the period covered, and there has been no subsequent materially adverse change in the financial condition of the Contractor.

No litigation or proceedings are presently pending or threatened against the Contractor, except as (2) shown in the financial statements.

The Contractor has disclosed all contingent liabilities, except for liability resulting from the (3) renegotiation of defense production contracts, in the financial statements furnished to the administering office.

None of the terms in this clause conflict with the authority under which the Contractor is doing (4) business or with the provision of any existing indenture or agreement of the Contractor.

The Contractor has the power to enter into this contract and accept advance payments, and has (5) taken all necessary action to authorize the acceptance under the terms of this contract.

The assets of the Contractor are not subject to any lien or encumbrance of any character except for (6) current taxes not delinquent, and except as shown in the financial statements furnished by the Contractor.

There is no current assignment of claims under any contract affected by these advance payment provisions.

All information furnished by the Contractor to the administering office in connection with each (7) request for advance payments is true and correct.

These representations shall be continuing and shall be considered to have been repeated by the (8) submission of each invoice for advance payments.

. To the extent the Government considers it necessary while any advance payments (p) Covenants made under this contract remain outstanding, the Contractor, without the prior written consent of the administering office, shall not-

Mortgage, pledge, or otherwise encumber or allow to be encumbered, any of the assets of the (1) Contractor now owned or subsequently acquired, or permit any preexisting mortgages, liens, or other encumbrances to remain on or attach to any assets of the Contractor which are allocated to performing this contract and with respect to which the Government has a lien under this contract;

Sell, assign, transfer, or otherwise dispose of accounts receivable, notes, or claims for money due (2) or to become due;

Declare or pay any dividends, except dividends payable in stock of the corporation, or make any (3) other distribution on account of any shares of its capital stock, or purchase, redeem, or otherwise acquire for value any of its stock, except as required by sinking fund or redemption arrangements reported to the administering office incident to the establishment of these advance payment provisions;

Sell, convey, or lease all or a substantial part of its assets;(4)

Acquire for value the stock or other securities of any corporation, municipality, or governmental (5) authority, except direct obligations of the United States;

Make any advance or loan or incur any liability as guarantor, surety, or accommodation endorser (6) for any party;

Permit a writ of attachment or any similar process to be issued against its property without getting (7) a release or bonding the property within 30 days after the entry of the writ of attachment or other process;

Pay any remuneration in any form to its directors, officers, or key employees higher than rates (8) provided in existing agreements of which notice has been given to the administering office; accrue excess remuneration without first obtaining an agreement subordinating it to all claims of the Government; or employ any person at a rate of compensation over $ ayear;____

Change substantially the management, ownership, or control of the corporation;(9)

Merge or consolidate with any other firm or corporation, change the type of business, or engage (10) in any transaction outside the ordinary course of the Contractor's business as presently conducted;

Deposit any of its funds except in a bank or trust company insured by the Federal Deposit (11) Insurance Corporation or a credit union insured by the National Credit Union Administration;

Create or incur indebtedness for advances, other than advances to be made under the terms of (12) this contract, or for borrowings;

Make or covenant for capital expenditures exceeding $ in total;(13) ____

Permit its net current assets, computed in accordance with generally accepted accounting (14) principles, to become less than $ ; or____

Make any payments on account of the obligations listed below, except in the manner and to the (15) extent provided in this contract:

[List the pertinent obligations]____________

(End of clause)

52.233-2 Service of Protest. 2006-09

Service of Protest (Sept 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly (a) with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from . [Contracting Officer designate the official or location ____________ where a protest may be served on the Contracting Officer.]

The copy of any protest shall be received in the office designated above within oneday of filing a (b) protest with the GAO.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference. 1998-02

Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

____________[Insert one or more Internet addresses]

52.252-2 Clauses Incorporated by Reference. 1998-02

Clauses Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

____ [Insert one or more Internet addresses]____ ____

(End of clause)

52.252-3 Alterations in Solicitation. 1984-04

Alterations in Solicitation (APR 1984)

Portions of this solicitation are altered as follows:

(End of clause)

52.252-4 Alterations in Contract. 1984-04

Alterations in Contract (APR 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-5 Authorized Deviations in Provisions. 2020-11

Authorized Deviations in Provisions (Nov 2020)

The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision (a) with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

The use in this solicitation of any [insert regulation name](48 CFR Chapter ) provision (b) ____ ____ with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 Authorized Deviations in Clauses. 2020-11

Authorized Deviations in Clauses (Nov 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) (a) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any [insert regulation name] (48 CFR ) clause (b) ____ ____ with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.204-1 Approval of Contract. 1989-12

Approval of Contract (DEC 1989)

This contract is subject to the written approval of [identify title of designated agency official ____ here] and shall not be binding until so approved.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

2021-11

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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 Products or Commercial Services. 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.

(a) As used in this provision-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

(1) Section 889(a)(1)(A) of the John S. McCain National Defense 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-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for 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-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) The Offeror shall review the list of excluded parties in the System for Award Procedures.

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) The Offeror represents that-Representation.

(1) It 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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror 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.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If 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:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered 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

(B) If not associated with maintenance, the…