Attach 7 SFOM 2021 Clauses and Provisions_DRAFT.pdf

FA251720R0007

ATTACHMENT 7 – Clauses & Provisions

FA251720R0007 Clauses & Provisions / Page 1

CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION

52.202-1 Definitions 2020-06 SEC I 52.203-10 Price or Fee Adjustment for Illegal or Improper

Activity

2014-05 SEC I

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

2007-09 SEC K

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

2020-06 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

2017-01 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 2014-05 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

2019-07 SEC K

52.204-17 Ownership or Control of Offeror 2019-07 SEC K 52.204-18 Commercial and Government Entity Code

Maintenance

2016-07 SEC I

52.204-19 Incorporation by Reference of Representations and Certifications

2014-12 SEC I

52.204-2 Security Requirements 1996-08 SEC I 52.204-2 Alternate II

Security Requirements - Alternate II 1984-04 SEC I

52.204-20 Predecessor of Offeror 2019-07 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 and Other Covered Entities

2018-07 SEC I

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

2020-08 SEC I

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment

2020-08 SEC I

FA251720R0007 Clauses & Provisions / Page 2

52.204-26 Covered telecommunications Equipment or Services--Representation

2019-12 SEC I

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

2011-05 SEC I

52.204-5 Women-Owned Business (Other Than Small Business)

2014-10 SEC K

52.204-7 System for Award Management 2018-10 SEC L 52.204-8 Annual Representations and Certifications 2020-03 SEC K 52.204-9 Personal Identity Verification of Contractor

Personnel

2011-01 SEC I

52.209.7 Information Regarding Responsibility Matters 2018-10 SEC K 52.209-10 Prohibition on Contracting with Inverted

Domestic Corporations

2015-11 SEC I

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

2016-02 SEC I

52.209-13 Violation of Arms Control Treaties or Agreements-Certification

2018-06 SEC K

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation

2015-11 SEC K

52.209-5 Certification Regarding Responsibility Matters 2015-10 SEC K 52.209-6 Protecting the Government's Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

2020-06 SEC I

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

2018-10 SEC I

52.210-1 Market Research 2020-06 SEC I 52.211-15 Defense Priority and Allocation Requirements 2008-04 SEC I 52.211-5 Material Requirements 2000-08 SEC I 52.215-1 Instructions to Offerors-Competitive

Acquisition

2017-01 SEC L

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications

2020-06 SEC I

52.215-13 Subcontractor Certified Cost or Pricing Data- Modifications (Deviation 2018-O0015)

2020-06 SEC I

52.215-2 Audit and Records-Negotiation 2020-06 SEC I 52.215-8 Order of Precedence-Uniform Contract Format 1997-10 SEC I 52.217-5 Evaluation of Options 1990-07 SEC M 52.219-1 Alternate I

Small Business Program Representations - Alternate I

2020-03 SEC K

52.219-16 Liquidated Damages - Subcontracting Plan 1999-01 SEC I 52.219-28 Post-Award Small Business Program

ReRepresentation

2020-06 SEC I

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

2020-03 SEC I

52.219-8 Utilization of Small Business Concerns 2018-10 SEC I

FA251720R0007 Clauses & Provisions / Page 3

52.219-9 Small Business Subcontracting Plan-- Alternate II

2016-11 SEC I

52.222-19 Child Labor-Cooperation with Authorities and Remedies

2020-01 SEC I

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

2020-06 SEC I

52.222-21 Prohibition of Segregated Facilities 2015-04 SEC I 52.222-22 Previous Contracts and Compliance Reports 1999-02 SEC K 52.222-24 Preaward On-Site Equal Opportunity

Compliance Evaluation

1999-02 SEC L

52.222-25 Affirmative Action Compliance 1984-04 SEC K 52.222-26 Equal Opportunity 2016-09 SEC I 52.222-29 Notification of Visa Denial 2015-04 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 52.222-38 Compliance with Veterans' Employment

Reporting Requirements

2016-02 SEC K

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

2010-12 SEC I

52.222-41 Service Contract Labor Standards 2018-08 SEC I 52.222-49 Service Contract Labor Standards-Place of

Performance Unknown

2014-05 SEC I

52.222-54 Employment Eligibility Verification 2015-10 SEC I 52.222-55 Minimum Wages Under Executive Order 13658 2015-12 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706 2017-01 SEC I 52.223-1 Biobased Product Certification 2012-05 SEC K 52.223-2 Affirmative Procurement of Biobased Products

Under Service and Construction Contracts

2013-09 SEC I

52.223-4 Recovered Material Certification 2008-05 SEC K 52.223-5 Pollution Prevention and Right-to-Know

Information

2011-05 SEC I

52.223-6 Drug-Free Workplace 2001-05 SEC I 52.223-10 Waste Reduction Program 2011-05 SEC I 52.223-11 Ozone-Depleting Substances and High Global

Warming Potential Hydrofluorocarbons

2016-06 SEC I

52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment

2014-06 SEC I

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

2018-08 SEC I

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

2020-06 SEC I

FA251720R0007 Clauses & Provisions / Page 4

52.223-19 Compliance with Environmental Management Systems

2011-05 SEC I

52.223-20 Aerosols 2016-06 SEC I 52.223-22 Public Disclosure of Greenhouse Gas

Emissions and Reduction Goals- Representation

2016-12 SEC K

52.224-1 Privacy Act Notification 1984-04 SEC I 52.224-2 Privacy Act 1984-04 SEC I 52.224-3 Privacy Training 2017-01 SEC I 52.225-13 Restrictions on Certain Foreign Purchases 2008-06 SEC I 52.225-25 Prohibition on Contracting with Entities

Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

2020-06 SEC K

52.228-3 Workers' Compensation Insurance (Defense Base Act)

2014-07 SEC I

52.228-5 Insurance-Work on a Government Installation 1997-01 SEC I 52.229-3 Federal, State, and Local Taxes 2013-02 SEC I 52.229-6 Taxes-Foreign Fixed-Price Contracts 2013-02 SEC I 52.232-17 Interest 2014-05 SEC I 52.232-18 Availability 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 52.232-33 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

2013-12 SEC I

52.233-1 Disputes 2014-05 SEC I 52.233-1 Alternate I

Disputes - (Alternate I) 2014-05 SEC I

52.233-2 Service Of Protest 2006-09 SEC L 52.233-3 Protest after Award 1996-08 SEC I 52.233-3 Alternate I

Protest after Award - (Alternate I) 1985-06 SEC I

52.233-4 Applicable Law for Breach of Contract Claim 2004-10 SEC I 52.237-1 Site Visit 1984-04 SEC L 52.237-2 Protection of Government Buildings, Equipment, and Vegetation

1984-04 SEC I

52.237-3 Continuity of Services 1991-01 SEC I 52.242-13 Bankruptcy 1995-07 SEC I 52.242-15 Stop-Work Order 1989-08 SEC F 52.242-17 Government Delay of Work 1984-04 SEC F 52.243-1

Changes-Fixed-Price - (Alternate II) 1987-08 SEC I

FA251720R0007 Clauses & Provisions / Page 5

52.243-2

Changes-Cost-Reimbursement - (Alternate II) 1987-08 SEC I

52.243-4 Changes 2007-06 SEC I 52.244-6 Subcontracts for Commercial Items 2020-06 SEC I 52.245-1 Government Property 2017-01 SEC I 52.245-1 Alternate I

Government Property - (Alternate I) 2017-01 SEC I

52.245-9 Use and Charges 2012-04 SEC I 52.246-2 Inspection of Supplies-Fixed-Price 1996-08 SEC E 52.246-3 Inspection of Supplies-Cost-Reimbursement 2001-05 SEC E 52.246-4 Inspection of Services - Fixed Price 1996-08

52.246-5 Inspection of Services-Cost-Reimbursement 1984-04 SEC E 52.246-16 Responsibility for Supplies 1984-04 SEC E 52.246-23 Limitation of Liability 1997-02 SEC I 52.246-25 Limitation of Liability-Services 1997-02 SEC I 52.247-34 F.o.b. Destination 1991-11 SEC F 52.247-52 Clearance and Documentation Requirements-

Shipments to DoD Air or Water Terminal Transshipment Points

2006-02 SEC F

52.249-2 Termination for Convenience of the Government (Fixed Price)

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements)

2012-04 SEC I

52.249-6 Termination (Cost-Reimbursement) 2004-05 SEC I 52.249-8 Default (Fixed-Price Supply and Service) 1984-04 SEC 1 52.249-14 Excusable Delays 1984-04 SEC I 52.251-1 Government Supply Sources 2012-04 SEC I 52.253-1 Computer Generated Forms 1991-01 SEC I 252.201-7000 Contracting Officer's Representative 1991-12 SEC I 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

2008-12 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

2013-09 SEC I

252.203-7003 Agency Office of the Inspector General 2012-12 SEC I 252.203-7004 Display of Hotline Posters 2019-08 SEC I 252.203-7005 Representation Relating to Compensation of

Former DoD Officials

2011-11 SEC K

252.204-7000 Disclosure of Information 2016-10 SEC I 252.204-7003 Control of Government Personnel Work

Product

1992-04 SEC I

FA251720R0007 Clauses & Provisions / Page 6

252.204-7004 Antiterrorism Awareness Training for Contractors

2019-02 SEC I

252.204-7005 Oral Attestation of Security Responsibilities 2001-11 SEC I 252.204-7007 Alternate A

Alternate A, Annual Representations and Certifications

2019-12 SEC K

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

2016-10 SEC K

252.204-7009 Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information

2016-10 SEC I

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

2019-12 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

2016-05 SEC I

252.205-7000 Provision of Information to Cooperative Agreement Holders

1991-12 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

252.211-7007 Reporting of Government-Furnished Property 2012-08 SEC I 252.215-7008 Only One Offer 2019-07 SEC L 252.215-7010 Alternate 1

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Alternate 1

2019-07 SEC L

252.219-7003 Alternate 1

Small Business Subcontracting Plan (DoD Contracts)-Alternate 1

2019-12 SEC I

252.222-7002 Compliance with Local Labor Laws (Overseas) 1997-06 SEC I 252.222-7006 Restrictions on the Use of Mandatory

Arbitration Agreements

2010-12 SEC I

252.223-7004 Drug-Free Work Force 1988-09 SEC I 252.223-7008 Prohibition of Hexavalent Chromium 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments

Program

2017-12 SEC I

252.225-7002 Qualifying Country Sources as Subcontractors 2017-12 SEC I 252.225-7004 Report of Intended Performance Outside the

United States and Canada-Submission after Award

2019-05 SEC I

252.225-7005 Identification of Expenditures in the United States

2005-06 SEC I

252.225-7012 Preference for Certain Domestic Commodities 2017-12 SEC I 252.225-7041 Correspondence in English 1997-06 SEC I 252.225-7043 Antiterrorism/Force Protection for Defense

Contractors Outside the United States

2015-06 SEC I

252.225-7048 Export-Controlled Items 2013-06 SEC I

FA251720R0007 Clauses & Provisions / Page 7

252.225-7972 Prohibition on the Procurement of Foreign- Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

2020-05 SEC I

252.225-7973 Prohibition on the Procurement of Foreign- Made Unmanned Aircraft Systems- Representation (DEVIATION 2020-O0015)

2020-05 SEC K

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

2019-04 SEC I

252.227-7013 Rights in Technical Data-Noncommercial Items 2014-02 SEC I 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation

2014-02 SEC I

252.227-7016 Rights in Bid or Proposal Information 2011-01 SEC I 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions

2011-01 SEC K

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends

2013-05 SEC I

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends

2013-05 SEC I

252.227-7030 Technical Data-Withholding of Payment 2000-03 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

252.232-7008 Assignment of Claims (Overseas) 1997-06 SEC G 252.232-7010 Levies on Contract Payments 2006-12 SEC I 252.233-7001 Choice of Law (Overseas) 1997-06 SEC I 252.237-7010 Prohibition on Interrogation of Detainees by

Contractor Personnel

2013-06 SEC I

252.239-7001 Information Assurance Contractor Training and Certification

2008-01 SEC I

252.239-7010 Cloud Computing Services 2016-10 SEC I 252.242-7004 Material Management and Accounting System 2011-05 SEC I 252.242-7006 Accounting System Administration 2012-02 SEC I 252.243-7001 Pricing of Contract Modifications 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment 2012-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 252.244-7001 Contractor Purchasing System Administration 2014-05 SEC I 252.245-7001 Tagging, Labeling, and Marking of

Government-Furnished Property

2012-04 SEC E

FA251720R0007 Clauses & Provisions / Page 8

252.245-7002 Reporting Loss of Government Property

(DEVIATION 2020O0004)

2020-02 SEC I

252.245-7003 Contractor Property Management System Administration

2012-04 SEC I

252.246-7003 Notification of Potential Safety Issues 2013-06 SEC I 252.251-7000 Ordering From Government Supply Sources 2012-08 SEC I

FA251720R0007 Clauses & Provisions / Page 9

CLAUSE NO. CLAUSE TITLE YEAR-

MONTH

Section

52.204-1 Approval of Contract 1989-12 SEC I As prescribed in 4.103 , insert the following clause:

Approval of Contract (Dec 1989) This contract is subject to the written approval of ____[identify title of designated agency official here] and shall not be binding until so approved.

(End of clause)

52.204-8 Annual Representations and Certifications

2020-03 SEC K

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (Mar 2020) (a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 517919.

(2) The small business size standard is $35M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) 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 (d) 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 (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures;

or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

FA251720R0007 Clauses & Provisions / Page 10

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.

This provision applies to all solicitations.

FA251720R0007 Clauses & Provisions / Page 11

(xxiv) on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications., Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] × (i) 52.204-17, Ownership or Control of Offeror.

× (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

× (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA– Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) 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 by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # 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 posted on SAM.

(End of provision)

52.209-7 Information Regarding Responsibility Matters

2018-10 SEC K

As prescribed at 9.104-7(b), insert the following provision:

Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and https://www.sam.gov/

FA251720R0007 Clauses & Provisions / Page 12

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror has does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

52.209-9 Updates of Publicly

Available Information Regarding Responsibility Matters

2018-10 SEC I

As prescribed at 9.104-7(c), insert the following clause:

Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government;

or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or https://www.sam.gov/

FA251720R0007 Clauses & Provisions / Page 13

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.215-20 Alternate I Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Alternate I

2010-10 SEC L

As prescribed in 15.408(l), insert the following provision:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include-

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market

FA251720R0007 Clauses & Provisions / Page 14 prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b)(1) The offeror shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in the following format: [Insert description of the data and format that are required, and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408, Table 15-2, Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror’s format will be acceptable, or the description may be inserted as the result of negotiations.]:

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of Provision) 52.215-20 Alternate III Requirements for

Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Alternate III

1997-10 SEC L

As prescribed in 15.408(l), insert the following provision:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include-

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full

FA251720R0007 Clauses & Provisions / Page 15 text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(c) Submit the cost portion of the proposal via the following electronic media: [Insert media format, e.g., electronic spreadsheet format, electronic mail, etc.]

52.215-20 Alternate IV Requirements for

Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Alternate IV

2010-10 SEC L

Alternate IV (Oct2010). As prescribed in 15.408(l), replace the text of the basic provision with the following:

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: [Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.]

52.215-21 Requirements for

Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications

2010-10 SEC I

As prescribed in 15.408(m), insert the following clause:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data- Modifications (Jun 2020)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable—

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items.

(A) If—

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

FA251720R0007 Clauses & Provisions / Page 16

(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include-

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text.

The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of clause) 52.215-21 Alternate I Requirements for

Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications Alternate I

2010-10 SEC I

Alternate I (Oct2010). As prescribed in 15.408(m) and 15.403-5(b)(1), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause.

(b)(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments prepared in the following format: [Insert description of the data and format that are required and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408, Table 15-2, Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror's format will be acceptable, or the description may be inserted as the result of negotiations.]:

52.215-21 Alternate III Requirements for

Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications Alternate III

1997-10 SEC I

FA251720R0007 Clauses & Provisions / Page 17

Alternate III (Oct1997). As prescribed in 15.408(m), add the following paragraph (c) to the basic clause (if Alternate II is also used, redesignate the following paragraph as paragraph (d)):

(b) Submit the cost portion of the proposal via the following electronic media: [Insert media format]

52.215-21 Alternate IV Requirements for

Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications Alternate IV

2010-10 SEC I

Alternate IV (Oct2010). As prescribed in 15.408(m), replace the text of the basic clause with the following:

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: [Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.]

52.216-1 Type of Contract 1984-04 SEC L As prescribed in 16.105, complete and insert the following provision:

Type of Contract (Apr 1984) The Government contemplates award of a _________ [Contracting Officer insert specific type of contract] contract resulting from this solicitation.

52.216-7 Allowable Cost and

Payment

2018-08 SEC I

As prescribed in 16.307(a), insert the following clause:

Allowable Cost and Payment (Aug 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the _________ [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert “30th”] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term “costs” includes only—

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-

FA251720R0007 Clauses & Provisions / Page 18

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made–

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor’s payment request to the Government;

(B) Materials issued from the Contractor’s inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly…