FA466125Q0014 - Clauses and Provisions 1.pdf

DOCUMENT NUMBER

FA466125Q0014

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SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

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

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2023-01 SEC L

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.236-7000 Modification Proposals--Price Breakdown. 1991-12 SEC G

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11 SEC I

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations.

2010-10 SEC I

52.201-1 Acquisition 360: Voluntary Survey. 2023-09 SEC L

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01 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

52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures.

2023-12 SEC K

52.204-7 System for Award Management. 2024-11 SEC L

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

2025-01 SEC I

52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 SEC I 52.222-10 Compliance with Copeland Act Requirements. 1988-02 SEC I 52.222-11 Subcontracts (Labor Standards). 2014-05 SEC I 52.222-12 Contract Termination-Debarment. 2014-05 SEC I

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

2014-05 SEC I

52.222-14 Disputes Concerning Labor Standards. 1988-02 SEC I 52.222-15 Certification of Eligibility. 2014-05 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work.

2014-05 SEC L

52.222-50 Combating Trafficking in Persons. 2021-11 SEC I

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026.

2022-01 SEC I

52.222-6 Construction Wage Rate Requirements. 2018-08 SEC I 52.222-62 Paid Sick Leave Under Executive Order 13706. 2022-01 SEC I 52.222-7 Withholding of Funds. 2014-05 SEC I 52.222-8 Payrolls and Basic Records. 2021-07 SEC I 52.222-9 Apprentices and Trainees. 2005-07 SEC I 52.223-21 Foams. 2024-05 SEC I 52.223-23 Sustainable Products and Services. 2024-05 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05 SEC I 52.225-10 Notice of Buy American Requirement-Construction Materials. 2014-05 SEC M 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05 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 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.236-5 Material and Workmanship. 1984-04 SEC I 52.236-7 Permits and Responsibilities. 1991-11 SEC I

52.242-14 Suspension of Work. 1984-04 SEC I 52.243-5 Changes and Changed Conditions. 1984-04 SEC I

52.244-6 Subcontracts for Commercial Products and Commercial Services.

2025-01 SEC I

52.246-12 Inspection of Construction. 1996-08 SEC E 52.247-34 F.o.b. Destination. 1991-11 SEC F 52.247-35 F.o.b. Destination, Within Consignee's Premises. 1984-04 SEC F

52.249-4 Termination for Convenience of the Government (Services) (Short Form).

1984-04 SEC I

CLAUSES IN FULL TEXT

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52.232-27 Prompt Payment for Construction Contracts. 2017-01

As prescribed in , insert the following clause:32.908(b)

Prompt Payment for Construction Contracts (JAN 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.

All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments-(a)

. For purposes of this clause, there are several types of invoice payments(1) Types of invoice payments that may occur under this contract, as follows:

Progress payments, if provided for elsewhere in this contract, based on Contracting Officer(i) approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project.

The due date for making such payments is 14 days after the designated billing office receives a(A) proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 14 thday after the date of the Contractor's payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

The due date for payment of any amounts retained by the Contracting Officer in accordance with(B) the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

Final payments based on completion and acceptance of all work and presentation of release of all(ii) claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government ( each separate building, public work, or other division of the e.g., contract for which the price is stated separately in the contract).

The due date for making such payments is the later of the following two events:(A)

The 30 thday after the designated billing office receives a proper invoice from the Contractor.(1)

The 30 thday after Government acceptance of the work or services completed by the Contractor.(2) For a final invoice when the payment amount is subject to contract settlement actions ( release of e.g., claims), acceptance is deemed to occur on the effective date of the contract settlement.

If the designated billing office fails to annotate the invoice with the date of actual receipt at the(B) time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

. The Contractor shall prepare and submit invoices to the designated billing(2) Contractor's invoice office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice.

When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

Name and address of the Contractor.(i)

Invoice date and invoice number. (The Contractor should date invoices as close as possible to the(ii) date of mailing or transmission.)

Contract number or other authorization for work or services performed (including order number(iii) and line item number).

Description of work or services performed.(iv)

Delivery and payment terms ( discount for prompt payment terms).(v) e.g., Name and address of Contractor official to whom payment is to be sent (must be the same as that(vi) in the contract or in a proper notice of assignment).

Name (where practicable), title, phone number, and mailing address of person to notify in the(vii) event of a defective invoice.

For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts(viii) requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only(ix) if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.(x)

The Contractor shall include EFT banking information on the invoice only if required elsewhere(A) in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a(B) proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision ( 52.232-38, Submission of Electronic Funds Transfer e.g., Information with Offer), contract clause ( 52.232-33, Payment by Electronic Funds Transfer-System e.g., for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by(C)

EFT.

Any other information or documentation required by the contract.(xi)

. The designated payment office will pay an interest penalty automatically, without(3) Interest penalty request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

The designated billing office received a proper invoice.(i)

The Government processed a receiving report or other Government documentation authorizing(ii) payment and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount.

In the case of a final invoice for any balance of funds due the Contractor for work or services(iii) performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

. The Government will compute the interest penalty in accordance with(4) Computing penalty amount the Office of Management and Budget prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor for(i) payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval is deemed to occur constructively on the 7 thday after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. If actual acceptance or approval occurs within the constructive acceptance or approval period, the Government will base the determination of an interest penalty on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay(ii) interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes, and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

. The designated payment office will pay an interest penalty(5) Discounts for prompt payment automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at .5 CFR Part 1315

Additional interest penalty.(6)

The designated payment office will pay a penalty amount, calculated in accordance with the(i) prompt payment regulations at in addition to the interest penalty amount only if-5 CFR Part 1315

The Government owes an interest penalty of $1 or more;(A)

The designated payment office does not pay the interest penalty within 10 days after the date the(B) invoice amount is paid; and

The Contractor makes a written demand to the designated payment office for additional penalty(C) payment, in accordance with paragraph (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid.

(ii)

The Contractor shall support written demands for additional penalty payments with the following(A) data. The Government will not request any additional data. The Contractor shall-

Specifically assert that late payment interest is due under a specific invoice, and request payment(1) of all overdue late payment interest penalty and such additional penalty as may be required;

Attach a copy of the invoice on which the unpaid late payment interest was due; and(2)

State that payment of the principal has been received, including the date of receipt.(3)

If there is no postmark or the postmark is illegible-(B)

The designated payment office that receives the demand will annotate it with the date of receipt(1) provided the demand is received on or before the 40 thday after payment was made; or

If the designated payment office fails to make the required annotation, the Government will(2) determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40 thday after payment was made.

. If this contract provides for contract financing, the Government will(b) Contract financing payments make contract financing payments in accordance with the applicable contract financing clause.

. The Contractor shall include in each subcontract for property or(c) Subcontract clause requirements services (including a material supplier) for the purpose of performing this contract the following:

. A payment clause that obligates the Contractor to pay the(1) Prompt payment for subcontractors subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract.

. An interest penalty clause that obligates the Contractor to pay to the(2) Interest for subcontractors subcontractor an interest penalty for each payment not made in accordance with the payment clause-

For the period beginning on the day after the required payment date and ending on the date on(i) which payment of the amount due is made; and

Computed at the rate of interest established by the Secretary of the Treasury, and published in the(ii) , for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues Federal Register the obligation to pay an interest penalty.

. A clause requiring each subcontractor to-(3) Subcontractor clause flowdown

Include a payment clause and an interest penalty clause conforming to the standards set forth in(i) paragraphs (c)(1) and (c)(2) of this clause in each of its subcontracts; and

Require each of its subcontractors to include such clauses in their subcontracts with each lower-(ii) tier subcontractor or supplier.

. The clauses required by paragraph (c) of this clause shall not be(d) Subcontract clause interpretation construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that-

. Permit the Contractor or a subcontractor to retain (without cause) a specified(1) Retainage permitted percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond;

. Permit the Contractor or subcontractor to make a determination that part(2) Withholding permitted or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and

. Permit such withholding without incurring any obligation to pay a late(3) Withholding requirements payment penalty if-

A notice conforming to the standards of paragraph (g) of this clause previously has been furnished(i) to the subcontractor; and

The Contractor furnishes to the Contracting Officer a copy of any notice issued by a Contractor(ii) pursuant to paragraph (d)(3)(i) of this clause.

. If a Contractor, after making a request for payment to the(e) Subcontractor withholding procedures Government but before making a payment to a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall-

. Furnish to the subcontractor a notice conforming to the standards of(1) Subcontractor notice paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment;

. Furnish to the Contracting Officer, as soon as practicable, a copy of(2) Contracting Officer notice the notice furnished to the subcontractor pursuant to paragraph (e)(1) of this clause;

. Reduce the subcontractor's progress payment by an(3) Subcontractor progress payment reduction amount not to exceed the amount specified in the notice of withholding furnished under paragraph (e)(1) of this clause;

. Pay the subcontractor as soon as practicable after the(4) Subsequent subcontractor payment correction of the identified subcontract performance deficiency, and-

Make such payment within-(i)

Sevendays after correction of the identified subcontract performance deficiency (unless the funds(A) therefor must be recovered from the Government because of a reduction under paragraph (e)(5)(i)) of this clause; or

Sevendays after the Contractor recovers such funds from the Government; or(B)

Incur an obligation to pay a late payment interest penalty computed at the rate of interest(ii) established by the Secretary of the Treasury, and published in the , for interest payments Federal Register under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty;

. Notify the Contracting Officer upon-(5) Notice to Contracting Officer

Reduction of the amount of any subsequent certified application for payment; or(i)

Payment to the subcontractor of any withheld amounts of a progress payment, specifying-(ii)

The amounts withheld under paragraph (e)(1) of this clause; and(A)

The dates that such withholding began and ended; and(B)

. Be obligated to pay to the Government an amount equal to interest on the (6) Interest to Government withheld payments (computed in the manner provided in 31 U.S.C.3903(c)(1)), from the 8 thday after receipt of the withheld amounts from the Government until-

The day the identified subcontractor performance deficiency is corrected; or(i)

The date that any subsequent payment is reduced under paragraph (e)(5)(i) of this clause.(ii) Third-party deficiency reports-(f)

. If a Contractor, after making payment to a first-tier (1) Withholding from subcontractor subcontractor, receives from a supplier or subcontractor of the first-tier subcontractor (hereafter referred to as a "second-tier subcontractor") a written notice in accordance with 40 U.S.C. 3133, asserting a deficiency in such first-tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first-tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under paragraph (e)(6) of this clause-

Furnish to the first-tier subcontractor a notice conforming to the standards of paragraph (g) of this (i) clause as soon as practicable upon making such determination; and

Withhold from the first-tier subcontractor's next available progress payment or payments an (ii) amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)

(i) of this clause.

. As soon as practicable, but not later than 7 days after (2) Subsequent payment or interest charge receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall-

Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first-tier subcontractor; or(i)

Incur an obligation to pay a late payment interest penalty to such first-tier subcontractor computed (ii) at the rate of interest established by the Secretary of the Treasury, and published in the , Federal Register for interest payments under 41 U.S.C. 7109 in effect at the time the Contractor accrues the obligation to pay an interest penalty.

. The Contractor shall issue a written notice of any (g) Written notice of subcontractor withholding withholding to a subcontractor (with a copy furnished to the Contracting Officer), specifying-

The amount to be withheld;(1)

The specific causes for the withholding under the terms of the subcontract; and(2)

The remedial actions to be taken by the subcontractor in order to receive payment of the amounts (3) withheld.

. The Contractor may not request payment from the (h) Subcontractor payment entitlement Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount.

. A dispute between the Contractor and subcontractor relating to the (i) Prime-subcontractor disputes amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the Government is a party. The Government may not be interpleaded in any judicial or administrative proceeding involving such a dispute.

. Except as provided in paragraph (i) of this clause, this (j) Preservation of prime-subcontractor rights clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor.

. The Contractor's obligation to pay an interest (k) Non-recourse for prime contractor interest penalty penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the Government for such interest penalty. A cost-reimbursement claim may not include any amount for reimbursement of such interest penalty.

. If the Contractor becomes aware of a duplicate contract financing or invoice (l) Overpayments payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

Remit the overpayment amount to the payment office cited in the contract along with a description (1) of the overpayment including the-

Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, (i) e.g.

date(s) of overpayment);

Affected contract number and delivery order number if applicable;(ii)

Affected line item or subline item, if applicable; and(iii)

Contractor point of contact.(iv)

Provide a copy of the remittance and supporting documentation to the Contracting Officer.(2)

(End of clause)

52.232-8 Discounts for Prompt Payment. 2002-02

As prescribed in , insert the following clause:32.111(b)(1)

Discounts for Prompt Payment (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any (a) offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the (b) date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.247-12 Supervision, Labor, or Materials. 1984-04

As prescribed in , insert a clause substantially as follows in solicitations and contracts for 47.207-5(b) transportation or for transportation-related services when the contractor is required to furnish supervision, labor, or materials:

Supervision, Labor, or Materials (APR 1984)

The Contractor shall furnish adequate supervision, labor, materials, supplies, and equipment necessary to perform all the services contemplated under this contract in an orderly, timely, and efficient manner.

(End of clause)

252.204-7007 ALT A Alternate A, Annual Representations and Certifications. 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)

252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01

As prescribed in 232.7004(b), use the following clause:

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 processElectronic 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 whenWAWF 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 performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table Document routing.

below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation Payment request.

appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements Receiving report.

of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

252.236-7001 Contract Drawings and Specifications. 2000-08

As prescribed in 236.570(a), use the following clause:

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall-

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

52.204-8 Annual Representations and Certifications. 2025-01

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

Annual Representations and Certifications (Jan 2025) (a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is____ [insert NAICS code].

(2) The small business size standard is [insert size standard].____

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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 products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2, Reporting 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 provision 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 II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies.

(C) If the acquisition value is $100,000 or more but is less than $102,280, 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.

(xxiv) 52.225-25, 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.

52.204-17, Ownership or Control of Offeror.(i)

52.204-20, Predecessor of Offeror.(ii)

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

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

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

52.227-6, Royalty Information.(vi)

Basic.(A)

Alternate I.(B)

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

(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, ]. These amended representation(s) and/or certification(s) are also incorporated in this offer and title, date 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)

52.211-10 Commencement, Prosecution, and Completion of Work. 1984-04

As prescribed in , insert the…