Section I - PACAF Provisions and Clauses FINAL (Section G and Section K) AMD 2.pdf

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

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CLAUSE TITLE YEAR-

MO

SECTION

252.201-7000 Contracting Officer's Representative 1991-12 SEC G 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I

252.203-7001 2008-12 SEC I

252.203-7002 2013-09 SEC I

252.203-7003 2019-08 SEC I

252.203-7005 2011-11 SEC K

252.204-7000 2016-10 SEC I

252.204-7003 1992-04 SEC I

252.204-7004 2019-02 SEC I

252.204-7006 2005-10 SEC G

252.204-7008 2016-10 SEC I

252.204-7012 2016-10 SEC I

252.204-7015 2016-05 SEC I

252.205-7000 1991-12 SEC I

252.209-7004 2019-05 SEC I

252.209-7008 2010-12 SEC K

252.209-7009 2019-05 SEC I

252.211-7007 2012-08 SEC I

252.211-7008 2010-09 SEC I

252.213-7000 2018-03 SEC K

252.215-7013 2018-01 SEC L

252.216-7003 2012-03 SEC I

252.216-7004 2011-09 SEC I

252.219-7003 2019-05 SEC I

252.222-7006 2010-12 SEC I

252.223-7004 1988-09 SEC I

252.223-7006 2014-09 SEC I

252.223-7008 2013-06 SEC I

252.225-7001 2017-12 SEC I

252.225-7002 2017-12 SEC I

252.225-7003 2015-10 SEC L

252.251-7000

Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies.

Requirement to Inform Employees of Whistleblower Rights.

Agency Office of the Inspector General.

Representation Relating to Compensation of Former DoD Officials.

As prescribed in 203.171-4(b), insert the following provision:

Disclosure of Information Control of Government Personnel Work Product.

Antiterrorism Awareness Training for Contractors.

Billing Instructions.

Compliance with Safeguarding Covered Defense Information Controls.

Safeguarding Covered Defense Information and Cyber Incident Reporting.

Notice of Authorized Disclosure of Information for Litigation Support.

Provision of Information to Cooperative Agreement Holders Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

Notice of Prohibition Relating to Organizational Conflict of InterestMajor Defense Acquisition Program.

Organizational Conflict of InterestMajor Defense Acquisition Program.

Reporting of Government-Furnished Property.

Use of Government-Assigned Serial Numbers.

Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.

Supplies and Services Provided by Nontraditional Defense Contractors.

Ordering From Government Supply Sources.

Economic Price Adjustment--Wage Rates or Material Prices

Controlled by a Foreign Government.

Award Fee Reduction or Denial for Jeopardizing the Health or Safety of Government Personnel.

Small Business Subcontracting Plan (DoD Contracts).

Restrictions on the Use of Mandatory Arbitration Agreements. Drug- Free Work Force.

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

Prohibition of Hexavalent Chromium.

Buy American and Balance of Payments Program.

Qualifying Country Sources as Subcontractors.

Report of Intended Performance Outside the United States and

CanadaSubmission with Offer.

2012-08

Amendment 2

252.225-7004 2019-05 SEC I

252.225-7005 2005-06 SEC I

252.225-7012 2017-12 SEC I

252.225-7015 2005-06 SEC I

252.225-7041 1997-06 SEC I

252.225-7048 2013-06 SEC I

252.226-7001 2019-04 SEC I

252.228-7005 2019-11 SEC I

Report of Intended Performance Outside the United States and CanadaSubmission after Award.

Identification of Expenditures in the United States.

Preference for Certain Domestic Commodities.

Restriction on Acquisition of Hand or Measuring Tools.

Correspondence in English.

Export-Controlled Items.

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

Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.

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 252.232-7011 2013-05 SEC IPayments in Support of Emergencies and Contingency Operations.

252.237-7010 2013-06 SEC I

2011-05 SEC I

2012-02 SEC I

1991-12 SEC I

2012-12 SEC I

252.242-7004 252.242-7006 252.243-7001 252.243-7002

252.244-7001

Prohibition on Interrogation of Detainees by Contractor Personnel.

Material Management and Accounting System.

Accounting System Administration.

Pricing of Contract Modifications.

Requests for Equitable Adjustment.

Contractor Purchasing System Administration. 2014-05 SEC I 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04 SEC E

252.245-7002 2017-12 SEC I

252.245-7003 2012-04 SEC I

252.246-7007 2016-08 SEC I

252.246-7008 2018-05 SEC I

2013-11 SEC I 52.202-1

52.203-10 2014-05 SEC I

52.203-11

Reporting Loss of Government Property.

Contractor Property Management System Administration.

Contractor Counterfeit Electronic Part Detection and Avoidance System.

Sources of Electronic Parts.

Definitions.

Price or Fee Adjustment for Illegal or Improper Activity.

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. 2007-09 SEC I

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 SEC I 52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10 SEC K

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. 2014-04 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. 2017-01 SEC I

52.203-5 Covenant Against Contingent Fees. 2014-05 SEC K 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 SEC I 52.203-7 Anti-Kickback Procedures. 2014-05 SEC I

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.

2015-10

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States 2015-06

252.229-7001 Tax Relief-Alternate I 2020-04 SEC I

52.203-8 2014-05 SEC I

52.204-10 2018-10 SEC I

52.204-13 2018-10 SEC I

52.204-16 2016-07 SEC I

52.204-18 2016-07 SEC K

52.204-23 2018-07 SEC I

52.204-4 2011-05 SEC I

52.204-7 2018-10 SEC I

52.204-9 2011-01 SEC L

52.209-10 2015-11 SEC I

52.209-6 2015-10 SEC K

52.209-9 2018-10 SEC K

52.210-1 2011-04 SEC K

52.215-14 2010-10 SEC I

52.215-15 2010-10 SEC I

52.215-18 2005-07 SEC I

52.215-8 1997-10 SEC I

52.216-8 2011-06 SEC I

52.219-16 1999-01 SEC I

52.219-8 2018-10 SEC I

52.219-9 2016 11 SEC I

52.222-19 2019-10 SEC I

52.222-21 2015-04 SEC I

52.222-24 1999-02 SEC K

52.222-29 2015-04 SEC I

52.222-41 2018-08 SEC I

52.222-54 2015-10 SEC I

52.223-10 2011-05 SEC I

52.223-11 2016-06 SEC I

52.223-18 2011-08 SEC I

52.223-19 2011-05 SEC I

52.222-55

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

Reporting Executive Compensation and First-Tier Subcontract Awards.

System for Award Management Maintenance.

Commercial and Government Entity Code Reporting.

Commercial and Government Entity Code Maintenance.

Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.

System for Award Management.

Personal Identity Verification of Contractor Personnel.

Employment Eligibility Verification.

Waste Reduction Program.

Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

Encouraging Contractor Policies to Ban Text Messaging While Driving.

Compliance with Environmental Management Systems.

2015-12 Sec I

52.228-3 Workers Compensation Insurance (Defense Base Act) 2014-07 SEC I

52.228-7 1996-03 SEC I

52.228-8 1999-05 SEC I

Prohibition on Contracting with Inverted Domestic Corporations.

Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Updates of Publicly Available Information Regarding Responsibility Matters.

Market Research.

Insurance-Liability to Third Persons.

Liability and Insurance-Leased Motor Vehicles.

Integrity of Unit Prices.

Pension Adjustments and Asset Reversions.

Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.

Order of Precedence-Uniform Contract Format.

Fixed Fee.

Liquidated Damages-Subcontracting Plan.

Utilization of Small Business Concerns.

Small Business Subcontracting Plan (Alternate II) Minimum Wages Under Executive Order 13658

Child Labor-Cooperation with Authorities and Remedies.

Prohibition of Segregated Facilities.

Preaward On-Site Equal Opportunity Compliance Evaluation.

Notification of Visa Denial.

Service Contract Labor Standards.

52.247-63 Preference for U.S.-Flag Air Carriers. 2003-06 SEC I 52.237-8 Restriction on Severance Payments to Foreign Nationals. 2003-08 SEC I

52.223-5 2011-05 SEC I

52.224-3 2017-01 SEC I

52.225-13 2008-06 SEC I

52.228-5 1997-01 SEC I

52.229-3 2013-02 SEC I

52.229-6 2013-02 SEC I

52.232-17 2014-05 SEC I

52.232-33 2018-10 SEC I

52.232-39

Pollution Prevention and Right-to-Know Information.

Privacy Training.

Restrictions on Certain Foreign Purchases.

Insurance-Work on a Government Installation.

Federal, State, and Local Taxes.

Taxes-Foreign Fixed-Price Contracts.

Interest.

Payment by Electronic Funds Transfer-System for Award Management.

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 2014-05 SEC I

52.233-3 1996-08 SEC I

52.233-4 2004-10 SEC I

52.237-1

Disputes.

Protest after Award.

Applicable Law for Breach of Contract Claim.

Site Visit. 1984-04 SEC L Protection of Government Buildings, Equipment, and Vegetation. 1984-04 SEC I

1991-01 SEC I

1984-04 SEC I

1995-07 SEC I

1989-08 SEC F

1984-04 SEC F

2014-05 SEC I

2017-01 SEC I

1984-04 SEC I

1987-08 SEC I

2019-08 SEC I

2017-01 SEC I

2012-04 SEC I

1996-08 SEC E

1984-04 SEC E

1984-04 SEC I

1984-04 SEC I

1984-04 SEC I

52.237-2 52.237-3 52.242-1

52.242-13

52.242-15 52.242-17 52.242-3 52.242-5

52.243-1

52.243-2 52.244-6

52.222-35 52.245-1 52.245-9

52.246-4 52.246-5 52.247-14 52.247-15 52.247-17

52.247-21 1984- 04 SEC I

52.247-22 1984- 04 SEC I

52.247-34

Continuity of Services.

Notice of Intent to Disallow Costs.

Bankruptcy.

Stop-Work Order.

Government Delay of Work.

Penalties for Unallowable Costs.

Payments to Small Business Subcontractors.

Changes-Fixed-Price (Alternate I)

Changes-Cost-Reimbursement (Alternate I) Equal Opportunity for Veterans.

Subcontracts for Commercial Items.

Government Property.

Use and Charges.

Inspection of Services-Fixed-Price.

Inspection of Services-Cost-Reimbursement.

Contractor Responsibility for Receipt of Shipment.

Contractor Responsibility for Loading and Unloading.

Charges.

Contractor Liability for Personal Injury and/or Property Damage.

Contractor Liability for Loss of and/or Damage to Freight other than Household Goods.

F.o.b. Destination. 1991- 11 SEC F

52.222-62 Paid Sick Leave Under Executive Order 13706 2017-01 SEC I

2020-06 SEC I

52.223-6 Drug-Free Workplace. 2001-05 SEC I

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.

2016-06 SEC I

52.251-1 Government Supply Sources. 2012-04 SEC I

52.249-14 Excusable Delays 1984-04 SEC I

52.247-5 1984-04 SEC I

52.247-55 2003-06 SEC F

52.247-68

2006-02 SEC I

52.247-8

1984-04 SEC I

52.249-2 2012- 04 SEC I

52.249-6 2004-05 SEC I

52.249-8 1984-04 SEC I

52.253-1

1991-01 SEC I52.203-19

2017-01 SEC I

52.207-3

2006-05 SEC L52.215-1

1997-10 SEC L52.215-20

2010-10 SEC L

52.215-21 2010-10 SEC I

52.216-11 1984-04 SEC I

52.216-4 2017-01 SEC I

52.222-40 2010-12 SEC I

52.222-43

2018-08 SEC I

52.222-50

2019-01 SEC I

52.232-1

1984-04 SEC I

52.232-11

1984-04 SEC I

52.232-25

2017-01 SEC I

52.232-8 2002- 02 SEC I

52.247-12 1984- 04 SEC I

252.215-7010 2019- 07 SEC L

1997-06 SEC I252.222-7002

252.242-7005 2012- 02 SEC I

252.246-7004 2010- 10 SEC I

52.207-5

Familiarization with Conditions.

F.o.b. Point for Delivery of Government-Furnished Property.

Report of Shipment (REPSHIP).

Estimated Weights or Quantities Not Guaranteed.

Termination for Convenience of the Government (Fixed-Price).

Termination (Cost-Reimbursement).

Default (Fixed-Price Supply and Service).

Cost Accounting Standards Disclosure And Consistency Of Cost Accounting Practices

Computer Generated Forms.

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

Right of First Refusal of Employment.

Instructions to Offerors-Competitive Acquisition (Alternate I) Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data.

Administration of Cost Accounting Standards Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications.

Cost Contract-No Fee.

Economic Price Adjustment-Labor and Material.

Notification of Employee Rights Under the National Labor Relations Act.

Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

Combating Trafficking in Persons.

Payments.

Extras.

Prompt Payment.

Discounts for Prompt Payment.

Supervision, Labor, or Materials.

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

Compliance with Local Labor Laws (Overseas).

Contractor Business Systems.

Safety of Facilities, Infrastructure, and Equipment for Military Operations.

Option to Purchase Equipment. 1995-02 SEC I

52.230-2 52.230-3 2014-05

2014-05

52.230-6 2010-06 52.223-3 Hazardous Material Identification and Material Safety Data. 1997-01

252.222-7005 Prohibition on Use of Nonimmigrant Aliens--Guam.

1999-09

252.231-7000 Supplemental Cost Principles. 1991-12 252.232-7017 Accelerating Payments to Small Business Subcontractors—

Prohibition on Fees and Consideration.

2020-04

52.215-2 Audit and Records-Negotiation. 2010-10 SEC I 52.217-5 Evaluation of Options. 1990-07 SEC M 52.222-1 Notice to the Government of Labor Disputes. 1997-02 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.232-9 Limitation on Withholding of Payments. 1984-04 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TITLE YEAR-

MO

CLAUSE TEXT

252.203-7004 Display of Hotline Posters. As prescribed in 203.1004(b)(2)(ii), use the following clause: 2019-08

DISPLAY OF HOTLINE POSTERS (AUG 2019)\n (a) Definition. As used in this clause\n "United States," means the 50 States, the District of Columbia, and outlying areas.\n (b) Display of hotline poster (s).\n (1)(i) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster prepared by the DoD Office of the Inspector General, in effect at time of contract award, in common work areas within business segments performing work under Department of Defense (DoD) contracts.\n

(ii) For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster, such as private employee written instructions and briefings.\n (2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from\n (i) DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations Hotline, 245 Murray Lane SW, Washington, DC 20528-0305; or\n (ii) Via the internet at https://www.oig.dhs.gov/assets/Hotline /DHS_OIG_Hotline-optimized.jpg.\n (c)(1) The DoD hotline poster may be obtained fro Defense Hotline, The Pentagon, Washington, D.C. 20301-1900, or is also available via the internet at https://www.dodig.mil/Resources/Posters-and-Brochures/.\n (2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak.\n (3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the required poster at the website.\n (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Defense Federal Acquisition Regulation Supplement 203.1004(b)(2)(ii) on the date of subcontract award, except when the subcontract is for the acquisition of a commercial item.\n (End of clause)\n

252.239-7002 Access. 1991-12 As prescribed in 239.7411(a), use the following clause:\n ACCESS (DEC 1991)\n (a) Subject to military security regulations, the Government shall permit the Contractor access at all reasonable times to Contractor furnished facilities. However, if the Government is unable to permit access, the Government at its own risk and expense shall maintain these facilities and the Contractor shall not be responsible for the service involving any of these facilities during the period of nonaccess, unless the service failure results from the Contractor's fault or negligence.\n (b) During periods when the Government does not permit Contractor access, the Government will reimburse the Contractor at mutually acceptable rates for the loss of or damage to the equipment due to the fault or negligence of the Government. Failure to agree shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract.

\n (End of clause)\n

5352.223-9001 Health and Safety on Government Installations 2012-11

252.239-7004 Orders for Facilities and Services. 2019-09 As prescribed in 239.7411(a), use the following clause:\n ORDERS FOR FACILITIES AND SERVICES (SEP 2019)\n (a) Definitions. As used in this clause\n Governmental regulatory body means the Federal Communications Commission, any statewide regulatory body, or any body with less than statewide jurisdiction when operating under the state authority. Regulatory bodies whose decisions are not subject to judicial appeal and regulatory bodies which regulate a company owned by the same entity that creates the regulatory body are not governmental regulatory bodies.\n (b) The Contractor shall acknowledge a communication service authorization or other type order for supplies and facilities by\n

(1) Commencing performance after receipt of an order; or\n (2) Written acceptance by a duly authorized representative.\n (c) The Contractor shall furnish the services and facilities under this agreement/contract in accordance with all applicable tariffs, rates, charges, regulations, requirements, terms, and conditions of\n (1) Service and facilities furnished or offered by the Contractor to the general public or the Contractor's subscribers; or\n (2) Service as lawfully established by a governmental regulatory body.\n

(d) The Government will not prepay for services.\n (e) For nontariffed services, the Contractor shall charge the Government at the lowest rate and under the most favorable terms and conditions for similar service and facilities offered to any other customer.\n (f) Recurring charges for services and facilities shall, in each case, start with the satisfactory beginning of service or provision of facilities or equipment and are payable monthly in arrears.\n (g) Expediting charges are costs necessary to get services earlier than normal. Examples are overtime pay or special shipment. When authorized, expediting charges shall be the additional costs incurred by the Contractor and the subcontractor. The Government shall pay expediting charges only when\n (1) They are provided for in the tariff established by a governmental regulatory body; or\n (2) They are authorized in a communication service authorization or other contractual document.\n (h) When services normally provided are technically unacceptable and the development, fabrication, or manufacture of special equipment is required, the Government may\n (1) Provide the equipment; or\n (2) Direct the Contractor to acquire the equipment or facilities. If the Contractor acquires the equipment or facilities, the acquisition shall be competitive, if practicable.\n (i) If at any time the Government defers or changes its orders for any of the services but does not cancel or terminate them, the amount paid or payable to the Contractor for the services deferred or modified shall be equitably adjusted under applicable tariffs filed by the Contractor with the regulatory commission in effect at the time of deferral or change. If no tariffs are in effect, the Government and the Contractor shall equitably adjust the rates by mutual agreement. Failure to agree on any adjustment shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract.\n (End of clause)\n

252.239-7006 Tariff Information. 1997-07 As prescribed in 239.7411(a), use the following clause:\n TARIFF INFORMATION (JUL 1997)\n (a) The Contractor shall provide to the Contracting Officer\n (1) Upon request, a copy of the Contractor's current existing tariffs (including changes);\n (2) Before filing, any application to a Federal, State, or any other regulatory agency for new or changes to, rates, charges, services, or regulations relating to any tariff or any of the facilities or services to be furnished solely or primarily to the Government; and\n (3) Upon request, a copy of all information, material, and data developed or prepared in support of or in connection with an application under paragraph (a)(2) of this clause.\n (b) The Contractor shall notify the Contracting Officer of any application that anyone other than the Contractor files with a governmental regulatory body which affects or will affect the rate or conditions of services under this agreement /contract. These requirements also apply to applications pending on the effective date of this agreement /contract.\n (End of clause)\n

252.239-7007 Cancellation or Termination of Orders. 2019-09 As prescribed in 239.7411(a), use the following clause:\n CANCELLATION OR TERMINATION OF ORDERS (SEP 2019)\n (a) Definitions.\n Actual nonrecoverable costs means the installed costs of the facilities and equipment, less cost of reusable materials, and less net salvage value.\n Basic cancellation liability means the actual nonrecoverable cost, which the Government shall reimburse the Contractor at the time services are cancelled.\n Basic termination liability means the nonrecoverable cost amortized in equal monthly increments throughout the liability period.\n Installed costs means the actual cost of equipment and materials specifically provided or used, plus the actual cost of installing (including engineering, labor, supervision, transportation, rights-of-way, and any other items which are chargeable to the capital accounts of the Contractor), less any costs the government may have directly reimbursed the Contractor under the Special Construction and Equipment Charges clause of this agreement/contract.

\n Net salvage value means the salvage value less the cost of removal.\n (b) If the Government cancels any of the services ordered under this agreement/contract, before the services are made available to the Government, or terminates any of these services after they are made available to the Government, the Government will reimburse the Contractor for the actual nonrecoverable costs the Contractor has reasonably incurred in providing facilities and equipment for which the Contractor has no foreseeable reuse. The Government will not reimburse the Contractor for any actual nonrecoverable costs incurred after notice of award, but prior to execution of the order.\n (c) When feasible, the Contractor shall reuse cancelled or terminated facilities or equipment to minimize the charges to the Government.\n (d) If at any time the Government requires that telecommunications facilities or equipment be relocated within the Contractor's service area, the Government will have the option of paying the costs of relocating the facilities or equipment in lieu of paying any termination or cancellation charge under this clause. The basic cancellation liability or basic termination liability applicable to the facilities or equipment in their former location shall continue to apply to the facilities and equipment in their new location. Monthly recurring charges shall continue to be paid during the period.\n (e) When there is another requirement or foreseeable reuse in place of cancelled or terminated facilities or equipment, no charge shall apply and the basic cancellation liability or basic termination liability shall be appropriately reduced. When feasible, the Contractor shall promptly reuse discontinued channels or facilities, including equipment for which the Government is obligated to pay a minimum service charge.\n (f) The amount of the Government's liability upon cancellation or termination of any of the services ordered under this agreement/contract will be determined under applicable tariffs governing cancellation and termination charges which\n (1) Are filed by the Contractor with a governmental regulatory body, as defined in the Rates, Charges, and Services clause of this agreement/contract;\n (2) Are in effect on the date of termination; and\n (3) Provide specific cancellation or termination charges for the facilities and equipment involved or show how to determine the charges.\n (g) The amount of the Government's liability upon cancellation or termination of any of the services ordered under this agreement/contract, which are not subject to a governmental regulatory body, will be determined under a mutually agreed schedule in the communication services authorization (CSA) or other contractual document.\n (h) If no applicable tariffs are in effect on the date of cancellation or termination or set forth in the applicable CSA or other contractual document, the Government's liability will be determined under the following settlement procedures\n (1) The Contractor agrees to provide the Contracting Officer, in such reasonable detail as the Contracting Officer may require, inventory schedules covering all items of property or facilities in the Contractor's possession, the cost of which is included in the Basic Cancellation or Termination Liability for which the Contractor has no foreseeable reuse.\n (2) The Contractor shall use its best efforts to sell property or facilities when the Contractor has no foreseeable reuse or when the Government has not exercised its option to take title under the Title to Telecommunications Facilities and Equipment clause of this agreement/contract. The Contractor shall apply any proceeds of the sale to reduce any payments by the Government to the Contractor under a cancellation or termination settlement.

\n (3) The Contractor shall record actual nonrecoverable costs under established accounting procedures prescribed by the cognizant governmental regulatory authority or, if no such procedures have been prescribed, under generally accepted accounting procedures applicable to the provision of telecommunication services for public use.\n (4) The net salvage value shall be deducted from the Contractors installed cost. In determining net salvage value, the Contractor shall consider the foreseeable reuse of the facilities and equipment by the Contractor. The Contractor shall make allowance for the cost of dismantling, removal, reconditioning, and disposal of the facilities and equipment when necessary either for the sale of facilities or their reuse by the Contractor in another location.\n (5) Upon termination of services, the Government will reimburse the Contractor for the nonrecoverable cost less such costs amortized to the date services are terminated and establish the liability period as mutually agreed to but not to exceed ten years. In the case of either a cancellation or a termination, the Governments presumed maximum liability will be capped by the unpaid non-recurring charges and the monthly recurring charges set out in the contract/agreement. The presumed maximum liability for monthly recurring charges shall be capped at monthly recurring charges for the minimum service period and any required notice period.\n (6) When the basic cancellation liability or basic termination liability established by the CSA or other contractual document is based on estimated costs, the Contractor agrees to settle on the basis of actual cost at the time of cancellation or termination.\n (7) The Contractor agrees that, if after settlement but within the termination liability period of the services, should the Contractor make reuse of equipment or facilities which were treated as nonreusable or nonsalvable in the settlement, the Contractor shall reimburse the Government for the value of the equipment or facilities.\n (8) The Contractor agrees to exclude\n (i) Any costs which are not included in determining cancellation and termination charges under the Contractor's standard practices or procedures; and\n (ii) Charges not ordinarily made by the Contractor for similar facilities or equipment, furnished under similar circumstances.\n (i) The Government may, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the cancelled or terminated portion of this agreement/contract. The Government may make these payments if the Contracting Officer determines that the total of the payments is within the amount the Contractor is entitled. If the total of the payments is in excess of the amount finally agreed or determined to be due under this clause, the Contractor shall pay the excess to the Government upon demand.\n (j) Failure to agree shall be a dispute concerning a question of fact within the meaning of the Disputes clause.\n (End of clause)\n

252.239-7011 Special Construction and Equipment Charges. 1991-12 As prescribed in 239.7411(b), use the following clause:\n SPECIAL CONSTRUCTION AND EQUIPMENT CHARGES (DEC 1991)\n (a) The Government will not directly reimburse the Contractor for the cost of constructing any facilities or providing any equipment, unless the Contracting Officer authorizes direct reimbursement.\n (b) If the Contractor stops using facilities or equipment which the Government has, in whole or part, directly reimbursed, the Contractor shall allow the Government credit for the value of the facilities or equipment attributable to the Government's contribution. Determine the value of the facilities and equipment on the basis of their foreseeable reuse by the Contractor at the time their use is discontinued or on the basis of the net salvage value, whichever is greater. The Contractor shall promptly pay the Government the amount of any credit.\n (c) The amount of the direct special construction charge shall not exceed\n (1) The actual costs to the Contractor; and\n (2) An amount properly allocable to the services to be provided to the Government.\n (d) The amount of the direct special construction charge shall not include costs incurred by the Contractor which are covered by\n (1) A cancellation or termination liability; or\n (2) The Contractor's recurring or other nonrecurring charges.

\n (e) The Contractor represents that\n (1) Recurring charges for the services, facilities, and equipment do not include in the rate base any costs that have been reimbursed by the Government to the Contractor;

and\n (2) Depreciation charges are based only on the cost of facilities and equipment paid by the Contractor and not reimbursed by the Government.\n (f) If it becomes necessary for the Contractor to incur costs to replace any facilities or equipment, the Government shall assume those costs or reimburse the Contractor for replacement costs at mutually acceptable rates under the following circumstances\n (1) The Government paid direct special construction charges; or\n (2) The Government reimbursed the Contractor for those facilities or equipment as a part of the recurring charges; and\n (3) The need for replacement was due to circumstances beyond the control and without the fault of the Contractor.\n (g) Before incurring any costs under paragraph (f) of this clause, the Government shall have the right to terminate the service under the Cancellation or Termination of Orders clause of this contract.\n (End of clause)\n

52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 As prescribed in 4.1202(b), insert the following clause.\n Incorporation by Reference of Representations and Certifications (Dec 2014)\n The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.\n (End of clause)\n

52.222-26 Equal Opportunity. 2016-09 As prescribed in 22.810(e), insert the following clause:\n Equal Opportunity (Sept 2016)\n (a) Definition. As used in this clause.\n "Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.\n "Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures;

salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.\n "Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-\n (1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or\n (2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.\n "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.\n "Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.\n "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.\n (b)\n (1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.\n (2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).\n (c)\n (1) The Contractor shall not discriminate against any employee or

252.233-7001 Choice of Law (Overseas). 1997-06 As prescribed in 233.215-70, use the following clause: This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract. (End of clause) applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.\n (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-\n (i) Employment;\n (ii) Upgrading;\n (iii) Demotion;\n (iv) Transfer;\n (v) Recruitment or recruitment advertising;\n (vi) Layoff or termination;\n (vii) Rates of pay or other forms of compensation; and\n (viii) Selection for training, including apprenticeship.\n (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.\n (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.\n (5)\n

(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.\n (ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-\n (A) Incorporation into existing employee manuals or handbooks; and\n (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.\n (6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.\n (7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.\n (8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor.

The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.\n (9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.\n

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.\n (11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.\n (12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.\n (d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.\n (End of clause)\n

52.232-22 Limitation of Funds. 1984-04 As prescribed in 32.706-2(b), insert the following clause. The 60-day period may be varied from 30 to 90 days and the 75 percent from 75 to 85 percent. "Task Order" or other appropriate designation may be substituted for "Schedule" wherever that word appears in the clause:\n Limitation of Funds (Apr 1984)\n

(a) The parties estimate that performance of this contract will not cost the Government more than (1)the estimated cost specified in the Schedule or, (2)if this is a cost-sharing contract, the Government's share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government's and the Contractor's share of the cost.\n (b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government's share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.\n (c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1)the total amount so far allotted to the contract by the Government or, (2)if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor's corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.\n (d) Sixtydays before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.\n (e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor's written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.\n (f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause-\n (1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract;

and\n (2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of-\n (i) The amount then allotted to the contract by the Government or;\n (ii) If this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.\n (g) The estimated cost shall be increased to the extent that (1)the amount allotted by the Government or, (2)if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.\n (h) No notice, communication, or representation in any form other than that specified in paragraph (f)(2) of this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.\n (i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess of-\n (1) The amount previously allotted by the Government or;\n (2) If this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the Contractor's corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.\n (j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.\n (k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.\n (l) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.\n (End of clause)\n

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 2019-08

As prescribed in 4.2105(b), insert the following clause:\n Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)\n (a) Definitions. As used in this clause-\n "Covered foreign country" means The People's Republic of China.\n "Covered telecommunications equipment or services" means-\n (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);\n (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);\n (3)…