Provisions_Clauses.docx

PROVISIONS/CLAUSES

PROVISIONS

FAR 52.217-5, Evaluation of Options DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252.203-7996, Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements-Representation (Deviation 2016-O0003) DFARS 252.204-7004, Alternate A, System For Award Management DFARS 252.222-7007, Representation Regarding Combating Trafficking in Persons DFARS 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism DFARS 252.239-7017, Notice of Supply Chain Risk

FULL TEXT PROVISIONS

Offeror must complete and return the following provisions with their quotation.

DFARS 252.209-7991, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2016 Appropriations (Deviation 2016-O0002)

(a) In accordance with section l0l(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that-

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of Provision)

DFARS 252.239-7009, Representation of Use of Cloud Computing.

(a) Definition. “Cloud computing,” as used in this provision, means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

(b) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether the use of cloud computing is anticipated under the resultant contract.

(c) Representation. The Offeror represents that it— _____ Does anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

(End of provision)

DARS 52.209-9000, ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2014)

(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart

9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors DARS must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

(End of clause)

[ ] Offeror believes no OCCI exists as a result of submission of this proposal [ ] Offeror believes a potential OCCI exists and has submitted a proposed mitigation plan for evaluation.

CLAUSES

DFARS 252.201-7000, Contracting Officer's Representative DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7003, Agency Office of the Inspector General DFARS 252.203-7997, Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003) DFARS 252.204-7000, Disclosure of Information DFARS 252.204-7002, Payment for Subline Items Not Separately Priced DFARS 252.204-7003, Control of Government Personnel Work Product DFARS 252.204-7005, Oral Attestation of Security Responsibilities DFARS 252.204-7009, Limitations on the Use and Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Deviation 2016-O0001) DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.211-7008, Use of Government-Assigned Serial Numbers DFARS 252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements DFARS 252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials DFARS 252.225-7012, Preference for Certain Domestic Commodities DFARS 252.225-7048, Export Controlled Items DFARS 252.225-7993, Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016) DFARS 252.225-7994, Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations (Deviation 2015-O0013) DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises and Native Hawaiian Small Business Concerns DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7007, Limitation of Government's Obligation DFARS 252.232-7010, Levies on Contract Payments DFARS 252.239-7000, Protection Against Compromising Emanations DFARS 252.239-7001, Information Assurance Contractor Training and Certification DFARS 252.239-7010, Cloud Computing Services DFARS 252.239-7018, Supply Chain Risk DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.243-7002, Requests for Equitable Adjustment DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.246-7000, Material Inspection and Receiving Report DFARS 252.247-7023, Transportation of Supplies by Sea – Basic

DARS 52.204-9001, Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor- Hours DARS 52.211-9000, Requirement to Submit an Electronic Product List DARS 52.237-9001, Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting

FULL TEXT CLAUSES

FAR 52.217-8, Option to Extend Services 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 prior to contract execution.

(End of Clause) FAR 52.217-9, Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor prior to contract execution; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 18 months.

(End of Clause) DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Combo Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Not Applicable

(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*

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Ship To/Service Acceptor DoDAAC: HCXXXX Name:

Phone Number:

E-Mail:

Alternate Acceptor: DoDAAC: HCXXXX Name:

Phone Number:

E-Mail:

(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.

Not Applicable

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

DARS 52.204-9000, Points of Contact

Contracting Officer Name: Cindy Goshorn Organization/Office Symbol: Phone No.: DISA/DITCO/PL833 E-Mail Address: cindy.m.goshorn.civ@mail.mil

Contract Specialist Name: Cindy Goshorn Organization/Office Symbol: Phone No.: DISA/DITCO/PL833 E-Mail Address: cindy.m.goshorn.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol: Phone No.:

E-Mail Address:

Contractor Point of Contact Contractor Legal Business Name: DUNS:

CAGE CODE: Contractor POC: E-Mail Address: Phone Number: Fax Number:

(End of clause)

Provisions and clauses provided by reference can be viewed on http://farsite.hill.af.mil.

Class Deviations may be viewed on http://www.acq.osd.mil/dpap/dars/class_deviations.html