Attachment 12 - List of Provisions and Clauses.pdf
PDF 930 KB Posted
- Attached to
- Automated Air-to-Air Refueling
- Solicitation number
- FA2385-25-S-9761
About this file
This document is Attachment 12, a comprehensive list of Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses incorporated into a solicitation for an Automated Air-to-Air Refueling (A3R) contract. The solicitation (FA2385-25-S-9761) is issued by the Department of the Air Force Materiel Command Research Laboratory and focuses on developing advanced boom automation technologies for future uncrewed aerial refueling tankers.
The clauses cover a wide range of requirements, including small business representations, cybersecurity compliance, item unique identification, intellectual property rights, and various federal contracting regulations. Key technical objectives include developing autonomous control technologies for air-to-air refueling, creating models and logic for determining safe refueling procedures, extending system reliability to eliminate operator monitoring, and demonstrating full boom automation capabilities in GPS-denied environments. The acquisition approach emphasizes open architecture, interface standards, and platform-agnostic capabilities to reduce vendor lock-in scenarios.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Attachment 13 - Solicitation Questions and Answers.pdf | ||
| Attachment 7 - Contract Data Requirements List (CDRL) General Instructions for the CRONUS A3R.docx | DOCX document | |
| Attachment 3 - Security Program Questionnaire (20250602).pdf | ||
| Attachment 5 - Form 4.pdf | ||
| FA2385-25-S-9761 A3R Solicitation.pdf | ||
| Attachment 6 - A3R CDRL Package Placeholder.docx | DOCX document | |
| Attachment 4 - CRONUS Security Classification Guide Placeholder.docx | DOCX document | |
| Attachment 1 - SOO Placeholder.docx | DOCX document | |
| Attachment 11 - Data Rights Assertion Table.docx | DOCX document | |
| Attachment 2 - A3R KPPs Placeholder.docx | DOCX document | |
| Attachment 10 - DD 254 Placeholder.docx | DOCX document | |
| Attachment 8- SF 424.pdf | ||
| Attachment 9 - SOW Supplemental Requirements.docx | DOCX document |
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DOCUMENT NUMBER
FA238525S9761
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09 SEC I
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.
2023-01 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I 252.203-7003 Agency Office of the Inspector General. 2019-08 SEC I 252.203-7004 Display of Hotline Posters. 2023-01 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2022-09 SEC K
252.204-7000 Disclosure of Information. 2016-10 SEC I
252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced.
2020-04 SEC G
252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions-Cost Vouchers 2023-05 SEC G
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10 SEC K
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2024-05 SEC I
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
2021-05 SEC K
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2023-01 SEC I
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I 252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L 252.205-7000 Provision of Information to Cooperative Agreement Holders. 2024-10 SEC I
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05 SEC I
252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC L
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
2023-01 SEC L
252.219-7003 Small Business Subcontracting Plan (DoD Contracts). 2019-12 SEC I 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2023-01 SEC I 252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7000 Buy American--Balance of Payments Program Certificate. 2024-02 SEC K 252.225-7001 Buy American and Balance of Payments Program. 2024-02 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2022-04 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2023-01 SEC I
252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
2022-08 SEC K
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
2023-01 SEC I
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation.
2023-06 SEC K
Attachment 12 22 July 2025
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.
2023-06 SEC I
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
2023-01 SEC I
252.226-7003 Drug-Free Work Force. 2024-08 SEC I
252.227-7013 ALT I Rights in Technical Data-Other Than Commercial Products and Commercial Services. (Alternate I)
2025-01 SEC I
252.227-7014 ALT I Rights in Other Than Commercial Computer Software and Other Than Commercial (Alternate I)
2025-01 SEC I
252.227-7015 Technical Data-Commercial Products and Commercial Services.
2025-01 SEC I
252.231-7000 Supplemental Cost Principles 1991-12 SEC G
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12 SEC G
252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.235-7011 Final Scientific or Technical Report. 2019-12 SEC I 252.242-7004 Material Management and Accounting System. 2025-01 SEC I 252.242-7005 Contractor Business Systems. 2025-01 SEC I 252.242-7006 Accounting System Administration. 2025-01 SEC I 252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I
252.244-7000 Subcontracts for Commercial Products or Commercial Services.
2023-11 SEC I
252.244-7001 Contractor Purchasing System Administration. 2025-01 SEC I 252.245-7003 Contractor Property Management System Administration 2025-01 SEC I 252.245-7005 Management and Reporting of Government Property. 2024-01 SEC I 252.247-7023 Transportation of Supplies by Sea. 2024-10 SEC I
52.202-1 Definitions. 2020-06 SEC I 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 SEC I
52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
2020-06 SEC I
52.203-13 Contractor Code of Business Ethics and Conduct. 2021-11 SEC I
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01 SEC I
52.203-3 Gratuities. 1984-04 SEC I 52.203-5 Covenant Against Contingent Fees. 2014-05 SEC I 52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I 52.203-7 Anti-Kickback Procedures. 2020-06 SEC I
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
2014-05 SEC I
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.
2020-06 SEC I
52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I
52.204-19 Incorporation by Reference of Representations and Certifications.
2014-12 SEC I
52.204-22 Alternative Line Item Proposal. 2017-01 SEC L
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities.
2023-12 SEC I
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
2021-11 SEC K
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
2021-11 SEC I
52.204-27 Prohibition on a ByteDance Covered Application. 2023-06 SEC I 52.204-7 System for Award Management. 2024-11 SEC L 52.207-4 Economic Purchase Quantity-Supplies. 1987-08 SEC L
52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures
(Multiple-Award Contracts).
2024-08 SEC L
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.
2015-11 SEC I
52.209-13 Violation of Arms Control Treaties or Agreements- Certification.
2021-11 SEC K
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded
2025-01 SEC I
52.209-7 Information Regarding Responsibility Matters. 2018-10 SEC K
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.
2018-10 SEC I
52.210-1 Market Research. 2021-11 SEC I 52.211-15 Defense Priority and Allocation Requirements. 2008-04 SEC I
52.211-2 Availability of Defense Specifications, Standards, and Data
Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) website.
2023-09 SEC L
52.211-5 Material Requirements. 2000-08 SEC I 52.215-15 Pension Adjustments and Asset Reversions. 2010-10 SEC I 52.215-16 Facilities Capital Cost of Money. 2003-06 SEC L
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.
2005-07 SEC I
52.215-19 Notification of Ownership Changes. 1997-10 SEC I 52.215-2 Audit and Records-Negotiation. 2020-06 SEC I
52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
2021-11 SEC L
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.
2021-11 SEC I
52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort.
2009-10 SEC L
52.215-23 Limitations on Pass-Through Charges. 2020-06 SEC I 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 SEC I 52.216-8 Fixed Fee. 2011-06 SEC I
52.219-16 Liquidated Damages-Subcontracting Plan. 2021-09 SEC I 52.219-8 Utilization of Small Business Concerns. 2025-01 SEC I 52.219-9 Small Business Subcontracting Plan. 2025-01 SEC I 52.219-9 ALT II Small Business Subcontracting Plan. (Alternate II) 2016-11 SEC I 52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2025-01 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.222-35 Equal Opportunity for Veterans. 2020-06 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I 52.222-37 Employment Reports on Veterans. 2020-06 SEC I
52.222-40 Notification of Employee Rights Under the National Labor Relations Act.
2010-12 SEC I
52.222-50 Combating Trafficking in Persons. 2021-11 SEC I 52.222-54 Employment Eligibility Verification. 2025-01 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I 52.226-7 Drug-Free Workplace. 2024-05 SEC I
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2024-05 SEC I
52.228-7 Insurance-Liability to Third Persons. 1996-03 SEC I
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation.
2020-06 SEC K
52.229-12 Tax on Certain Foreign Procurements. 2021-02 SEC I 52.230-1 Cost Accounting Standards Notices and Certification. 2020-06 SEC K 52.230-2 Cost Accounting Standards. 2020-06 SEC I 52.230-6 Administration of Cost Accounting Standards. 2010-06 SEC I 52.230-7 Proposal Disclosure-Cost Accounting Practice Changes. 2005-04 SEC K 52.232-17 Interest. 2014-05 SEC I 52.232-22 Limitation of Funds. 1984-04 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I
52.232-25 Prompt Payment. 2017-01 SEC I 52.232-25 ALT I Prompt Payment. (Alternate I) 2002-02 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10 SEC I
52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2023-03 SEC I
52.233-1 Disputes. 2014-05 SEC I 52.233-1 ALT I Disputes. (Alternate I) 1991-12 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-3 ALT I Protest after Award. (Alternate I) 1985-06 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I
52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or
Assembled by American Security Drone Act-Covered Foreign Entities.
2024-11 SEC I
52.242-1 Notice of Intent to Disallow Costs. 1984-04 SEC I 52.242-13 Bankruptcy. 1995-07 SEC I 52.242-15 Stop-Work Order. 1989-08 SEC F 52.242-15 ALT I Stop-Work Order. (Alternate I) 1984-04 SEC F 52.242-2 Production Progress Reports. 1991-04 SEC I 52.242-3 Penalties for Unallowable Costs. 2022-12 SEC I 52.242-5 Payments to Small Business Subcontractors. 2017-01 SEC I 52.243-2 Changes-Cost-Reimbursement. 1987-08 SEC I 52.243-2 ALT V Changes-Cost-Reimbursement. (Alternate V) 1984-04 SEC I 52.244-5 Competition in Subcontracting. 2024-08 SEC I 52.245-1 Government Property. 2021-09 SEC I 52.245-9 Use and Charges. 2012-04 SEC I
52.246-23 Limitation of Liability. 1997-02 SEC I 52.246-25 Limitation of Liability-Services. 1997-02 SEC I 52.246-3 Inspection of Supplies-Cost-Reimbursement. 2001-05 SEC E 52.246-8 Inspection of Research and Development-Cost-Reimbursement. 2001-05 SEC E 52.249-14 Excusable Delays. 1984-04 SEC I 52.249-6 Termination (Cost-Reimbursement). 2004-05 SEC I
252.204-7022 Expediting Contract Closeout. 2021-05 SEC I 252.215-7002 Cost Estimating System Requirements. 2025-01 SEC I 252.215-7009 Proposal Adequacy Checklist. 2023-03 SEC L 252.215-7016 Notification to Offerors-Postaward Debriefings. 2022-12 SEC L 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. 2022-12 SEC I
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.
2014-09 SEC I
252.225-7003 Report of Intended Performance Outside the United States 2025-01 SEC L
252.225-7004 Report of Intended Performance Outside the United States and Canada -Submission after Award.
2024-07 SEC I
252.227-7022 Government Rights (Unlimited). 1979-03 SEC I 252.227-7027 Deferred Ordering of Technical Data or Computer Software. 1988-04 SEC I 252.227-7038 Patent Rights-Ownership by the Contractor (Large Business) 2012-06 SEC I 252.227-7039 Patents--Reporting of Subject Inventions. 1990-04 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I
252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property.
2012-04 SEC I
52.211-17 Delivery of Excess Quantities. 1989-09 SEC F 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. 2011-08 SEC I 52.215-12 Subcontractor Certified Cost or Pricing Data. 2020-06 SEC I 52.216-12 Cost-Sharing Contract-No Fee. 1984-04 SEC I 52.224-3 Privacy Training. 2017-01 SEC I 52.224-3 ALT I Privacy Training. (Alternate I) 2017-01 SEC I 52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I 52.232-20 Limitation of Cost. 1984-04 SEC I 52.242-17 Government Delay of Work. 1984-04 SEC F
52.243-1 Changes-Fixed-Price. 1987-08 SEC I 52.246-16 Responsibility for Supplies. 1984-04 SEC E 52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 SEC E 52.246-7 Inspection of Research and Development-Fixed-Price. 1996-08 SEC E
52.246-8 ALT I Inspection of Research and Development-Cost- Reimbursement. (Alternate I)
1984-04 SEC E
52.246-9 Inspection of Research and Development (Short Form). 1984-04 SEC E 52.247-34 F.o.b. Destination. 1991-01 SEC F 52.247-6 Financial Statement. 1984-04 SEC L
52.247-35 F.o.b. Destination, Within Consignee's Premises. 1984-04 SEC F 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I 52.249-6 ALT I Termination (Cost-Reimbursement). (Alternate I) 1996-09 SEC I 52.249-8 Default (Fixed-Price Supply and Service). 1984-04 SEC I
252.239-7009 Representation of Use of Cloud Computing. 2015-09 SEC K 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished 2025-01 SEC I 252.235-7000 Indemnification Under 10 U.S.C. 3861--Fixed Price. 2022-12 SEC I 252.239-7018 Supply Chain Risk. 2022-12 SEC I
252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.
2023-01 SEC I
252.246-7008 Sources of Electronic Parts. 2023-01 SEC I
252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement.
2023-01 SEC I
252.204-7016 Covered Defense Telecommunications Equipment or Services- Representation.
2019-12 SEC K
52.204-21 Basic Safeguarding of Covered Contractor Information Systems.
2021-11 SEC I
252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
2024-05 SEC I
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
2023-01 SEC I
52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions).
2016-08 SEC I
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).
1984-04 SEC I
52.249-1 ALT I Termination for Convenience of the Government (Fixed-Price) (Short Form). (Alternate I)
1984-04 SEC I
52.249-6 ALT IV Termination (Cost-Reimbursement). (Alternate IV) 1996-09 SEC I 52.249-9 Default (Fixed-Price Research and Development). 1984-04 SEC I 52.246-26 Reporting Nonconforming Items. 2024-08 SEC I 52.215-23 ALT I Limitations on Pass-Through Charges. (Alternate I) 2009-10 SEC I 52.216-11 Cost Contract-No Fee. 1984-04 SEC I 52.204-2 Security Requirements. 2021-03 SEC I 52.232-1 Payments. 1984-04 SEC I 52.232-11 Extras. 1984-04 SEC I 52.232-8 Discounts for Prompt Payment. 2002-02 SEC I
252.228-7005 Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.
2019-11 SEC I
252.247-7007 Liability and Insurance. 1991-12 SEC I 52.223-10 DEV 2025-O0004 Waste Reduction Program. (DEVIATION 2025-O0004) 2025-03 SEC I
52.223-23 DEV 2025-O0004 Sustainable Products and Services. (DEVIATION 2025- O0004)
2025-03 SEC I
52.222-9 DEV 2025-O0003 Apprentices and Trainees. (DEVIATION 2025-O0003) 2025-03 SEC I
52.244-6 DEV 2025-O0003 Subcontracts for Commercial Products and Commercial Services. (DEVIATION 2025-O0003)
2025-03 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
CLAUSE TITLE ALT NO/
DEV NO
YEAR-
MO
CLAUSE TEXT
52.204-29 Federal Acquisition Supply Chain Security Act Orders-
Representation and Disclosures.
2023-12
Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023)
(a) As used in this provision, Definitions. Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive and have the meaning provided in the clause 52.204-30, compartmented information system, Source Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(b) Contractors are prohibited from providing or using as part of the performance of the Prohibition.
contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
.(c) Procedures
(1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)( for any covered article, or any products or services produced or provided https://www.sam.gov) by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) By submission of this offer, the offeror represents that it has conducted a Representation.
reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) The purpose for this disclosure is so the Government may decide whether to issue a Disclosures.
waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) The contracting officer will review disclosures provided in Executive agency review of disclosures.
paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of provision)
252.204-7007 Alternate A, Annual Representations and Certifications. ALT A 2024-10
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2024)
Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(i) Paragraph (e) applies.
(ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate.
(iii) 252.225-7020, Trade Agreements Certificate.
Use with Alternate I.
(iv) 252.225-7031, Secondary Arab Boycott of Israel.
(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate.
Use with Alternate I.
Use with Alternate II.
Use with Alternate III.
Use with Alternate IV.
Use with Alternate V.
(vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.
(vii) 252.232-7015, Performance-Based Payments-Representation.
(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at . After reviewing the SAM database information, the Offeror https://www.sam.gov verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change
. These amended representation(s) and/or certification(s) are also ]by provision number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS
Provision #
Title Date Change
Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
(End of provision)
252.211-7003 Item Unique Identification and Valuation. 2023-01
ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(a) . As used in this clause- Definitions
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means-
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier;
original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
" " means the entity (e.g., a manufacturer or vendor) responsible for assigning Enterprise unique item identifiers to items.
" identifier" means a code that is uniquely assigned to an enterprise by an issuing Enterprise agency.
"Government's unit acquisition cost" means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.
"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
" or batch number" means an identifying number assigned by the enterprise to a Lot designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again.
The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment.
The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(If items are identified in the Schedule, insert "See Schedule in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____
(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.
(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary;
and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) . Unique item identifier
(i) The Contractor shall-
(A) Determine whether to-
Serialize within the enterprise identifier; (1)
Serialize within the part, lot, or batch number; or (2)
Use a DoD recognized unique identification equivalent (e.g. Vehicle (3) Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code-
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) identifier (if concatenated unique item identifier is used). Enterprise
(5) Original part number (if there is serialization within the original part number).
(6) or batch number (if there is serialization within the lot or batch number). Lot
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) identifier (if concatenated unique item identifier is used).** Enterprise
(6) Original part number (if there is serialization within the original part number).**
(7) or batch number (if there is serialization within the lot or batch number).** Lot
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site /uidregistry/.
(2) Embedded items shall be reported by one of the following methods-
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , ____ Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
(g) . If the Contractor acquires by subcontract, any item(s) for which item unique Subcontracts identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.
(End of clause)
252.215-7008 Only One Offer. 2022-12
ONLY ONE OFFER (DEC 2022)
(a) . After initial submission of offers, if the Contracting Cost or pricing data requirements Officer notifies the Offeror that only one offer was received, the Offeror agrees to-
(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and
(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.
(b) . If the Offeror is the Canadian Commercial Corporation, Canadian Commercial Corporation certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at
FAR 15.404-1).
(3) Data other than certified cost or pricing data necessary to permit a determination by the U.
S. Contracting Officer that the proposed price is fair and reasonable [____ U.S. Contracting Officer to
].provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification
(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.
(c) . Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall Subcontracts insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.
(End of provision)
252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions.
2025-01
IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS
(JAN 2025)
(a) . As used in this provision- Definitions
"Computer software" is defined in-
(1) The 252.227-7014, Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation, clause of this solicitation; or
(2) If this solicitation contemplates a contract under the Small Business Innovation Research Program or Small Business Technology Transfer Program, the 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research Program and Small Business Technology Transfer Program, clause of this solicitation.
"SBIR/STTR data" is defined in the 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research Program and Small Business Technology Transfer Program, clause of this solicitation.
"Technical data" is defined in-
(1) The 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, clause of this solicitation; or
(2) If this solicitation contemplates a contract under the Small Business Innovation Research Program or Small Business Technology Transfer Program, the 252.227-7018, Rights in Other Than Commercial Technical Data and Computer Software-Small Business Innovation Research Program and Small Business Technology Transfer Program, clause of this solicitation.
(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documentation, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovation Research (SBIR) Program or Small Business Technology Transfer (STTR) Program, these requirements apply to SBIR /STTR data that will be generated under the resulting contract and will be delivered with SBIR/STTR data rights and to any other data that will be delivered with other than unlimited rights. Notification and identification are not required for restrictions based solely on copyright.
(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.
(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers, shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:
Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data or Computer Software.
The Offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:
Technical Data or
Computer Software Name of Person to be Furnished Basis for Asserted Rights Asserting
With Restrictions1 Assertion2 Category3 Restrictions4
____(LIST)5 ____(LIST) ____(LIST) ____(LIST)
1 For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such item, component, or process. For computer software or computer software documentation identify the software or documentation.
2 Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain. The Government's rights in computer software documentation generally may not be restricted. For computer software, development refers to the software. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.
3 Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR/STTR data generated under a contract resulting from this solicitation or under another contract, limited, restricted, or government purpose rights under a contract resulting from this solicitation or under a prior contract, or specially negotiated licenses).
4 Corporation, individual, or other person, as appropriate.
5 Enter "none" when all data or software will be submitted without restrictions.
Date ____
Printed Name and Title ____
Signature ____
(End of identification and assertion)
(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph (d) of this provision with its offer may render the offer ineligible for award.
(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.
(End of provision)
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process Electronic invoicing.
vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web- WAWF training.
Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, WAWF methods of document submission.
Electronic Data Interchange, or File Transfer Protocol.
(f) The Contractor shall use the following information when WAWF payment instructions.
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following Document type.
document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For…
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