CSS-Solicitation_FA812621Q0061_23 July 2021.pdf
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- Solicitation number
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| Equipment List_Appendix A_30 June 2021.pdf | ||
| Performance Work Statement_6 July 2021.docx | DOCX document |
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Combined Synopsis/Solicitation
(IAW FAR 12.603)
Solicitation Number: FA8126-21-Q-0061
Versatile Diagnostic Automatic Test Station Repair Service
This is a combined synopsis/solicitation for commercial items prepared in accordance with the formats in Subpart 12.6 and
Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.
The Air Force Sustainment Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma, intends to award a 100% Small Business
Set-Aside firm fixed price contract for the acquisition of the item listed below.
CLIN # Part Number/Noun Quantity Unit of Issue Delivery Date On or Before
0001 VDATS Mature Parts Service w/Shipping 1 Each 31 Oct 2021
This solicitation is being issued as Request for Quote (RFQ), FA8126-21-Q-00.
Contractor is required to sign/date and fill in the pricing and delivery on page 2, complete the Unit Pricing on page 3, provide answer for clause 52.204-24 on page 29, provide answer for clause 52.204-26 on page 30, answer the Tax Clause on page 30 and provide an answer for clause 252.204-7017 on page 44. Please return 1 copy to issuing office. Contractor agrees to provide all products set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.
Proposal Submission Information:
Proposal is due by 30, July 2021, 2:00 PM, Tinker AFB OK Central Daylight Time (CDT). Contact the following individual for information regarding this solicitation:
NOTE: Emailed proposals are preferred
Richard Warcup
Contract Specialist richard.warcup.1@us.af.mil Phone: (405) 739-3962
EVALUATION OF RESPONSES:
Award will be conducted and evaluated under the provisions of FAR Part 12 Commercial Items and FAR Part 13, Simplified Acquisition Procedures.
The responsible offerors must be registered in the System for Award Management (SAM) database (available at:
https://www.sam.gov/portal/public/SAM/). Lack of registration in SAM will qualify contractor as ineligible for award.
https://www.sam.gov/portal/public/SAM/
1. OFFEROR INFORMATION
BUSINESS NAME:
STREET ADDRESS: CITY, STATE, ZIP:
CAGE CODE and DUNS:
BUSINESS WEB ADDRESS:
CONTACT PERSON:
TELEPHONE: FAX:
E-MAIL:
2. Pricing Information and Certification of Response
Total Proposed Unit Price: Proposed Delivery Date:
Offeror’s Authorized Representative's Signature Date
Type or Print Name Position or Title
Contractor is Required fill-in and sign pages 2, 3, 29, 30, and 44 of this solicitation and return 1 copy 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 herein.
REQUISITION NUMBER:
F3YCEB1189A101
SOLICITATION NUMBER
FA8126-21-Q-0061
SOLICITATION ISSUE DATE:
July 23, 2021
SOLICITATION DUE DATE:
July 30, 2021
THIS ACQUISITION IS:
Full and Open Competition
100% Small Business Set
Aside
X Sole Source
SIZE STD:
$8 MIL
FEDERAL SUPPLY CLASS:
J049
NAICS:
811310
DELIVERY:
SEE ITEM DESC
X FOB DESTINATION
FOB ORIGIN
DPAS RATING:
METHOD OF
SOLICITATION:
REQUEST FOR QUOTE
FA812621Q0061
Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Mature Parts Service w/Shipping
See attached Equipment List and PWS Product Service Code: J049 Firm Fixed Price
CIN: F3YCEB1189A1010000AA
1 Each
Description/Specifications/Statement of Work
Requirements Versatile Diagnostic Automatic Test Station (VDATS) Mature Parts Service w/Shipping IAW with attached PWS and Equipment List
Packaging and Marking
Inspection and Acceptance
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04
0001 Inspection and Acceptance Location Both Destination Instructions: N/A
DoDAAC: F3YCEB Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
OC ALC OBC
AF BPN NO MILSBILLS PROCESSES
3001 STAFF DR DOOR G70 POST
N68
TINKER AFB, OK 73145 3303
UNITED STATES
OfficeCode:
Roy Williams Email: roy.williams.6@us.af.mil Telephone: 405-734-4374
Deliveries or Performance
Contractor Destination
Delivery Schedule Ship To Address
Delivery On Or Before
31 OCT 2021
1 Each
Ship To DoDAAC: F3YCEB Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
OC ALC OBC
AF BPN NO MILSBILLS PROCESSES
3001 STAFF DR DOOR G70 POST N68
TINKER AFB, OK 73145 3303
UNITED STATES
OfficeCode:
Roy Williams Email: roy.williams.6@us.af.mil Telephone: 405-734-4374
Period of Performance From
01 AUG 2021
To
31 OCT 2021
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative. 1991-12 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
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-Based Training Course and use the Practice WAWF training.
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, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(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.
Invoice 2in1
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
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 F03000
Issue By DoDAAC FA8126
Admin DoDAAC FA8126
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) F3YCEB
Service Acceptor (DoDAAC) FA8126
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 appropriate to the type of payment request in Payment request.
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 of DFARS Appendix F. Receiving report.
(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.
roy.williams.6@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)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 52.204-13 System for Award Management Maintenance. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.222-3 Convict Labor. 2003-06 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2020-06 52.222-41 Service Contract Labor Standards. 2018-08 52.222-50 Combating Trafficking in Persons. 2020-10 52.222-55 Minimum Wages Under Executive Order 13658. 2020-11 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2020-06 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.245-1 Government Property. 2017-01 52.253-1 Computer Generated Forms. 1991-01
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2021-01
252.211-7007 Reporting of Government-Furnished Property. 2012-08 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.232-7010 Levies on Contract Payments. 2006-12 252.232-7011 Payments in Support of Emergencies and Contingency Operations. 2013-05
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
2020-04
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.244-7000 Subcontracts for Commercial Items. 2020-10 252.245-7002 Reporting Loss of Government Property 2021-01 252.245-7003 Contractor Property Management System Administration 2012-04
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. 1989-12
As prescribed in , insert the following clause:4.103
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 the Contracting Officer until so approved.
52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12
As prescribed in , insert the following clause.4.1202(b)
INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2021-
As prescribed in , insert the following clause:12.301(b)(4)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS
(JAN 2021)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) 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)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities (Section 1634 of Pub. L. 115-91).(JUL 2018)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)
52.233-3, Protest After Award (31 U.S.C. 3553).(5) (AUG 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(6) (OCT 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government , with (41 U.S.C. 4704 and 10 U.S.(1) (JUNE 2020) Alternate I (OCT 1995)
C. 2402).
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (JUN 2020)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (JUN 2010)
(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (JUN 2020)
[Reserved].(5)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(6) (OCT 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (8) (JUN
(31 U.S.C. 6101 note).2020)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(9) (OCT 2018)
[Reserved].(10)
(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).(i) (MAR 2020)
Alternate I of 52.219-3.(ii) (MAR 2020)
(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to waive the (i) (MAR 2020) preference, it shall so indicate in its offer) (15 U.S.C. 657a).
Alternate I of 52.219-4.(ii) (MAR 2020)
[Reserved](13)
(14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(16) (OCT 2018)
(17) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) (JUN 2020)
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV of 52.219-9(v) (JUN 2020)
(18) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting (15 U.S.C. 637(a)(14)).(19) (MAR 2020)
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (JAN 1999)
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f).(21) (MAR 2020)
(22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) (NOV 2020)
Alternate I (MAR 2020) of 52.219-28.(ii)
52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (23) (MAR
(15 U.S.C. 637(m)).2020)
52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (24)
Small Business Program (Mar2020) (15 U.S.C. 637(m)).
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (MAR 2020)
52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (MAR 2020)
52.222-3, Convict Labor (E.O.11755).(27) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (JAN2020)
52.222-21, Prohibition of Segregated Facilities .(29) (APR 2015)
(30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(31) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(34) (DEC 2010)
(35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (OCT 2020)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of commercially (36) OCT 2015 available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(37) 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 (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (MAY 2008)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(38)
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(39) (JUN 2016)
(40) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I of 52.223-13.(ii) (OCT 2015)
(41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I (Jun2014) of 52.223-14.(ii)
52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)
(43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(i) (OCT 2015)
Alternate I of 52.223-16.(ii) (JUN 2014)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(44) (JUN 2020)
52.223-20, Aerosols (E.O. 13693).(45) (JUN 2016)
52.223-21, Foams (Jun2016) (E.O. 13693).(46)
(47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(48) ( 2021)JAN
(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 (i) ( 2021)JAN 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.
Alternate I of 52.225-3.(ii) ( 2021)JAN
Alternate II of 52.225-3.(iii) ( 2021)JAN
Alternate III of 52.225-3.(iv) ( 2021)JAN
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (OCT 2019) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (JUN 2008)
Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52)
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)
52.229-12, Tax on Certain Foreign Procurements .(55) (JUN 2020)
52.232-29, Terms for Financing of Purchases of Commercial Items (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(56) (FEB 2002)
52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(57)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (OCT2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (AUG 1996)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (JAN 2017)
(63) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).(i) (FEB 2006)
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (FEB 2006)
The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG 2018)
(29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)
C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5)
Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014)
(41 U.S.C. chapter 67).
52.222-55, Minimum Wages Under Executive Order 13658 .(7) (NOV 2020)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2017) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) 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.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) 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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) 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-
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (JUN 2020)
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) 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)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (iii) Covered Entities (Section 1634 of Pub. L. 115-91).(JUL 2018)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) (OCT 2018) subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
52.222-21, Prohibition of Segregated Facilities .(vi) (APR 2015)
52.222-26, Equal Opportunity (E.O.11246).(vii) (SEP 2015)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(viii) (JUN 2020)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(ix) (JUN 2020)
52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(x) (JUN 2020)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required (xi) (DEC 2010) in accordance with paragraph (f) of FAR clause 52.222-40.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xii) (AUG 2018)
(xiii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (OCT 2020)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (MAR 2015)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xiv) Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (xv) (41 U.S.C. chapter 67).(MAY 2014)
52.222-54, Employment Eligibility Verification (E.O. 12989).(xvi) (OCT 2015)
52.222-55, Minimum Wages Under Executive Order 13658 .(xvii) (NOV 2020)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xviii) (JAN 2017)
(xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
Alternate I of 52.224-3.(B) (JAN 2017)
52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of (xx) (OCT 2016) the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (JUN 2020) accordance with paragraph (e) of FAR clause 52.226-6.
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. Appx. 1241(b) and 10 U.S.(xxii) (FEB 2006) C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses (2) necessary to satisfy its contractual obligations.
(End of clause)
52.222-26 Equal Opportunity. 2016-09
As prescribed in , insert the following clause:22.810(e)
EQUAL OPPORTUNITY (SEPT 2016)
. As used in this clause.(a) Definition means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including Compensation but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
means the amount and type of compensation provided to employees or offered to applicants, including, but not Compensation information limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.
means the fundamental job duties of the employment position an individual holds. A job function may be considered Essential job functions essential if-
The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or(1)
The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including (2) compensation information.
has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at Gender identity http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs, and is found at Sexual orientation http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. United States Virgin Islands, and Wake Island.
(b) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded (1) nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply (2) with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor’s activities
(41 CFR 60-1.5).
(c) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual (1) orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by .5.41 CFR 60-1
The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, (2) without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-
Employment;(i)
Upgrading;(ii)
Demotion;(iii)
Transfer;(iv)
Recruitment or recruitment advertising;(v)
Layoff or termination;(vi)
Rates of pay or other forms of compensation; and(vii)
Selection for training, including apprenticeship.(viii)
The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the (3) Contracting Officer that explain this clause.
The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified (4) applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(5) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because (i) such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the
Contractor's legal duty to furnish information.
The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by (ii) the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-
Incorporation into existing employee manuals or handbooks; and(A)
Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for (B) employment.
The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other (6) contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.(7)
The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, (8) regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in
-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days 41 CFR Part 60 after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.
The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the (9) purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.
If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of (10) Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the (11) rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a (12) means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in .(d) 41 CFR 60-1
(End of clause)
52.222-35 Equal Opportunity for Veterans. 2020-06
As prescribed in , insert the following clause:22.1310(a)(1)
EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
. As used in this clause-(a) Definitions
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.
Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at .5(a), as of (b) 41 CFR 60-300 March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(c)
(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06
As prescribed in , insert the following clause:22.1408(a)
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at .5(a), as of (a) 41 CFR 60-741 March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold (b) specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of clause)
52.222-42 Statement of Equivalent Rates for Federal Hires. 2014-05
As prescribed in , insert the following clause:22.1006(b)
STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause 29 CFR Part 4 identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
23530 25.09/4.54
(End of clause)
52.252-2 Clauses Incorporated by Reference. 1998-02
As prescribed in , insert the following clause:52.107(b)
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):
https://www.acquisition.gov/ [Insert one or more Internet addresses]____ ____
(End of clause)
52.252-6 Authorized Deviations in Clauses. 2020-11
As prescribed in , insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized 52.107(f) deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.
AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is (a) 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 with an authorized deviation is (b) DFARS Chapter 2 indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.245-7004 Reporting, Reutilization, and Disposal 2017-12
As prescribed in 245.107(5), use the following clause:
REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)
(a) As used in this clause-Definitions.
(1) “Demilitarization†means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.
(2) “Export-controlled items†means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations [(ITAR)] (22 CFR parts 120-130). The term includes-
(i) “Defense items,†defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, etc.; and
(ii) “Items,†defined in the EAR as “commodities,†“software,†and “technology,†terms that are also defined in the
EAR, 15 CFR 772.1.
(3) “Ineligible transferees†means individuals, entities, or countries-
(i) Excluded from Federal programs by the General Services Administration as identified in the System for Award Management Exclusions located at https://www.acquisition.gov;
(ii) Delinquent on obligations to the U.S. Government under surplus sales contracts;
(iii) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or
(iv) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the Department of the Treasury.
(4) “Scrap†means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item’s original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not “scrap.â€
(5) “Serviceable or usable property†means property with potential for reutilization or sale “as is†or with minor repairs or alterations.
(b) Unless disposition instructions are otherwise included in this contract, the Contractor shall complete SF Inventory disposal schedules.
1428, Inventory Schedule B, within the Plant Clearance Automated Reutilization Screening System (PCARSS). Information on PCARSS can be obtained from the plant clearance officer and at http://www.dcma.mil/WBT/PCARSS/.
(1) The SF 1428 shall contain the following:
(i) If known, the applicable Federal Supply Code (FSC) for all items, except items in scrap condition.
(ii) If known, the manufacturer name for all aircraft components under Federal Supply Group (FSG) 16 or 17 and FSCs 2620, 2810, 2915, 2925, 2935, 2945, 2995, 4920, 5821, 5826, 5841, 6340, and 6615.
(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.
(iv) See Appendix 2 of DLM 4000.25-2, Military Standard Transaction Reporting and Appropriate Federal Condition Codes.
Accounting Procedures (MILSTRAP) manual, edition in effect as of the date of this contract. Information on Federal Condition Codes can be obtained at http://www.dla.mil/HQ/InformationOperations/DLMS/elibrary/manuals/MILSTRAP/.
(2) If the schedules are acceptable, the plant clearance officer shall complete and send the Contractor a DD Form 1637, Notice of Acceptance of Inventory.
(c) Unless otherwise provided in the contract, the proceeds of any sale, purchase, or retention shall be-Proceeds from sales of surplus property.
(1) Forwarded to the Contracting Officer;
(2) Credited to the Government as part of the settlement agreement;
(3) Credited to the price or cost of the contract; or
(4) Applied as otherwise directed by the Contracting Officer.
(d) If demilitarization, mutilation, or destruction of contractor inventory is required, the Demilitarization, mutilation, and destruction.
Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.
(e) The Contractor shall dispose of classified contractor inventory in accordance with applicable security Classified Contractor inventory.
guides and regulations or as directed by the Contracting Officer.
(f) Contractor inventory dangerous to public health or safety shall not be disposed of unless Inherently dangerous Contractor inventory.
rendered innocuous or until adequate safeguards are provided.
(g) Consistent with contract terms and conditions, property disposition shall be in Contractor inventory located in foreign countries.
accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, Final Governing Standards, and Government-to-Government agreements.
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