Contract - FA877321P0006_Fully executed.pdf
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- Solicitation number
- FA877321P0006
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
02/25/2021
FA877321P0006
Solicitation/Contract Form
Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Non-Recurring Charges - Contractor shall invoice for Non-Recurring Charges (NRCs) as required IAW the PWS and Appendix 1 for JBSA Lackland AFB, TX Signal Code: A Firm Fixed Price
1 Lot
Monthly Recurring Charges - Contractor shall provide monthly telecommunication services IAW the PWS and Appendix 1 for JBSA Lackland
AFB, TX
Purchase Requisition Number:
F2M3U20267AW0102
Product Service Code: DD01 Signal Code: A Program Code: S10 Firm Fixed Price
CIN: 0000000000000000006221254
ACRN: AA
12 Months USD 31,234.00
Firm Price
USD 374,808.00
Funded Amount
USD 218,638.00
Option Line Item
Option 1 - Non-Recurring Charges
- Contractor shall invoice for Non- Recurring Charges (NRCs) as required IAW the PWS and Appendix 1 for JBSA Lackland AFB, TX Signal Code: A Firm Fixed Price
1 Lot
Option Line Item
Option 1 - Monthly Recurring Charges
- Contractor shall provide monthly telecommunication services IAW the PWS and Appendix 1 for JBSA Lackland
AFB, TX
Signal Code: A Firm Fixed Price
12 Months USD 31,234.00 Firm Price
USD 374,808.00
Option Line Item
Option 2 - Non-Recurring Charges
- Contractor shall invoice for Non- Recurring Charges (NRCs) as required IAW the PWS and Appendix 1 for JBSA Lackland AFB, TX Signal Code: A Firm Fixed Price
1 Lot
Option Line Item
Option 2 - Monthly Recurring Charges
- Contractor shall provide monthly telecommunication services IAW the PWS and Appendix 1 for JBSA Lackland
AFB, TX
Signal Code: A Firm Fixed Price
12 Months USD 31,234.00 Firm Price
USD 374,808.00
Option Line
Option 3 - Non-Recurring Charges
- Contractor shall invoice for Non- Recurring Charges (NRCs) as required
Item
IAW the PWS and Appendix 1 for JBSA Lackland AFB, TX Signal Code: A Firm Fixed Price
1 Lot
Option Line Item
Option 3 - Monthly Recurring Charges
- Contractor shall provide monthly telecommunication services IAW the PWS and Appendix 1 for JBSA Lackland
AFB, TX
Signal Code: A Firm Fixed Price
12 Months USD 31,234.00 Firm Price
USD 374,808.00
Option Line Item
Option 4 - Non-Recurring Charges
- Contractor shall invoice for Non- Recurring Charges (NRCs) as required IAW the PWS and Appendix 1 for JBSA Lackland AFB, TX Signal Code: A Firm Fixed Price
1 Lot
Option Line Item
Option 4 - Monthly Recurring Charges
- Contractor shall provide monthly telecommunication services IAW the PWS and Appendix 1 for JBSA Lackland
AFB, TX
Signal Code: A Firm Fixed Price
12 Months USD 31,234.00 Firm Price
USD 374,808.00
Option Line Item
Option 5 - Optional 6 Month Extension Non-Recurring Charges
- Contractor shall invoice for Non- Recurring Charges (NRCs) as required IAW the PWS and Appendix 1 for JBSA Lackland AFB, TX Signal Code: A Firm Fixed Price
1 Lot
Option Line Item
Option 5 - Optional 6 Month Extension Monthly Recurring Charges
- Contractor shall provide monthly telecommunication services IAW the PWS and Appendix 1 for JBSA Lackland
AFB, TX
Signal Code: A Firm Fixed Price
6 Months USD 31,234.00 Firm Price
USD 187,404.00
Description/Specifications/Statement of Work
Requirements Local Telecommunication Services
Packaging and Marking
Inspection and Acceptance
0001 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
0002 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Email: jerry.gibson.5@us.af.mil Telephone: (210) 925-9565
Option Line Item 1002 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Option Line Item 2002 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Option Line Item 3001 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Option Line Item 3002 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Option Line Item 4002 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565
Option Line Item 5001 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Option Line Item 5002 Inspection and Acceptance Location Both Destination Instructions: none
DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP
2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565
Deliveries or Performance
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2021
To
28 FEB 2022
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2021
To
28 FEB 2022
Option Line Item 1001
Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2022
To
28 FEB 2023
Option Line Item 1002 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2022
To
28 FEB 2023
Option Line Item 2001 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2023
To
29 FEB 2024
Option Line Item 2002 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2023
To
29 FEB 2024
Option Line Item 3001 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson
Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2024
To
28 FEB 2025
Option Line Item 3002 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2024
To
28 FEB 2025
Option Line Item 4001 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2025
To
28 FEB 2026
Option Line Item 4002 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2025
To
28 FEB 2026
Option Line Item 5001 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2026
To
31 AUG 2026
Option Line Item 5002 Delivery Schedule Ship To Address
Place of Performance DoDAAC: F2M3U2
Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
F2M3U2 502 CS SCX
AF NO MILSBILLS PROC CP 2106525272
410 S FRANK LUKE DRIVE DOOR 9
SAN ANTONIO, TX 78226
UNITED STATES
OfficeCode:
Jerry B. Gibson Telephone: (210) 925-9565 Email: jerry.gibson.5@us.af.mil
Period of Performance From
01 MAR 2026
To
31 AUG 2026
Contract Administration Data
ACRN Line of Accounting
AA 5713400 301 64J1 5K42A3 01 44100 33005F 387700 F87700
Amount USD 218,638.00
ACRN CLIN/SLIN CIN Amount
AA 0002 0000000000000000006221254 USD 218,638.00
Special Contract Requirements
Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities (APR 1984) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) 52.212-4 Contract Terms and Conditions--Commercial Items (OCT 2018) 52.217-5 Evaluation of Options (JUL 1990) 52.232-18 Availability of Funds (APR 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-1 Disputes (MAY 2014) 52.246-4 Inspection of Services - Fixed Price (AUG 1996) 52.249-8 Default (Fixed Price Supply and Service) (APR 1984) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 252.204-7003 Control Of Government Personnel Work Product (APR 1992) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.215-7008 Only One Offer (JUL 2019) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.239-7002 Access (DEC 1991) 252.239-7004 Orders for Facilities and Services (SEP 2019) 252.239-7006 Tariff Information (JUL 1997) 252.239-7007 Cancellation or Termination of Orders (SEP 2019) 252.239-7010 Cloud Computing Services (OCT 2016) 252.239-7018 Supply Chain Risk (FEB 2019) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Requests for Equitable Adjustment (DEC 2012) 252.244-7000 Subcontracts for Commercial Items (JUN 2013) 252.246-7008 Sources of Electronic Parts (MAY 2018)
CLAUSES INCORPORATED BY FULL TEXT
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
(a) Definitions. As used in this clause-- Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(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. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77, 108-78 (19 U.S.C.
3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_ _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
_ _ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.
109-282) (31 U.S.C. 6101 note).
_ _ (5) [Reserved] _ _ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
_ _ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.
L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
_ _ (10) [Reserved] _ _ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
_ _ (ii) Alternate I (Nov 2011) of 52.219-3.
_ _ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
_ _ (ii) Alternate I (Jan 2011) of 52.219-4.
_ _ (13) [Reserved] _ _ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
_ _ (ii) Alternate I (Nov 2011).
_ _ (iii) Alternate II (Nov 2011).
_ _ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
_ _ (ii) Alternate I (Oct 1995) of 52.219-7.
_ _ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
_ _ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).
_ _ (ii) Alternate I (Nov 2016) of 52.219-9.
_ _ (iii) Alternate II (Nov 2016) of 52.219-9.
_ _ (iv) Alternate III (Nov 2016) of 52.219-9.
_ _ (v) Alternate IV (Aug 2018) of 52.219-9.
_ _ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_ _ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
_ _ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
_ _ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.
C. 657f).
_ _ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
_ _ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
_ _ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_ _ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
_ _ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_ _ (ii) Alternate I (July 2014) of 52.222-35.
_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_ _ (ii) Alternate I (July 2014) of 52.222-36.
_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
_ _ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
_ _ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
_ _ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_ _ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_ _ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
_ _ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
_ _ (38) (i) 52.223-13, Acquisition of EPEAT(r) -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514) _ _ (ii) Alternate I (Oct 2015) of 52.223-13.
_ _ (39) (i) 52.223-14, Acquisition of EPEAT(r) -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
_ _ (ii) Alternate I (Jun 2014) of 52.223-14.
_ _ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
_ _ (41) (i) 52.223-16, Acquisition of EPEAT(r) -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
_ _ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.
13513).
_ _ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
_ _ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
_ _ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
_ _ (ii) Alternate I (Jan 2017) of 52.224-3.
_ _ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
_ _ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108- 77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
_ _ (ii) Alternate I (May 2014) of 52.225-3.
_ _ (iii) Alternate II (May 2014) of 52.225-3.
_ _ (iv) Alternate III (May 2014) of 52.225-3.
_ _ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
_ _ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
_ _ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
_ _ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
_ _ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.
S.C. 2307(f)).
_ _ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.
S.C. 3332).
_ _ (56) 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
_ _ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_ _ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_ _ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
_ _ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx 1241(b) and 10 U.S.C. 2631).
_ _ (ii) Alternate I (Apr 2003) of 52.247-64.
_ _ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _ _ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
_ _ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_ _ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).
_ _ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_ _ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
_ _ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
_ _ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) _ _ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_ _ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.
If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232)
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the end of the current period of performance.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days of the end of the current option; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
(End of clause)
52.252-2 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 address:
http://acquisition.gov
(End of clause)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.
sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items--
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(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.
Invoice 2-in-1
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA8773 Admin DoDAAC FA3016 Inspect By DoDAAC F2M3U2 Service Approver (DoDAAC) F2M3U2 Service Acceptor (DoDAAC) F2M3U2
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
Jerry.gibson.5@us.af.mil
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF points of contact.
Jerry.gibson.5@us.af.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item CLIN 0002 is incrementally funded. For this item, the sum of $218,638.00 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract.
The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties.
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