Solicitation - FA527021Q0027.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA527021Q0027

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

The contractor shall provide sustainable facility maintenance at a fully operational level IAW the Preventive Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 dated Apr 2021 PoP: 1 August 2021 - 30 September 2021 Product Service Code: J049 Firm Fixed Price

2 Months

Out of Schedule work of CLIN 0001 - The contractor shall provide all labor required to accomplish all Out-of-Schedule repair and replacement operations in accordance with the attached Performance Work Statement dated APRIL 2021, PoP: 1 August 2021 - 30 September 2021 Firm Fixed Price

12 Hours

The contractor shall obtain parts/materials for CLIN 0001, 4 Bay Test Cell Facility IAW the Preventative Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 dated APRIL 2021 PoP: 1 August 2021 - 30 September 2021

NOT REQUIRE

Product Service Code: J049 Firm Fixed Price

1 Set

Option Line Item

The contractor shall provide sustainable facility maintenance at a fully operational level IAW the Preventive Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 PoP: 1 October 2021 - 30 September 2022 Product Service Code: J049 Firm Fixed Price

12 Months

Option Line Item

Out of Schedule work for CLIN 1001- The contractor shall provide all labor required to accomplish all Out-of-Schedule repair and replacement operations in accordance with the attached Performance Work Statement PoP: 1 October 2021 - 30 September 2022 Product Service Code: J049 Firm Fixed Price

75 Hours

Option Line Item

The contractor shall obtain parts/materials for CLIN 1001 4 Bay Test Cell Facility IAW the Preventative Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 PoP: 1 October 2021 - 30 September 2022

NOT REQUIRE

Product Service Code: J049 Firm Fixed Price

1 Set

Option Line Item

The contractor shall provide sustainable facility maintenance at a fully operational level IAW the Preventive Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 PoP: 1 October 2022 - 30 September 2023 Product Service Code: J049 Firm Fixed Price

12 Months

Option Line Item

Out of Schedule work for CLIN 2001- The contractor shall provide all labor required to accomplish all Out-of-Schedule repair and replacement operations in accordance with the attached Performance Work Statement PoP: 1 October 2022 - 30 September 2023 Product Service Code: J049 Firm Fixed Price

75 Hours

Option Line Item

The contractor shall obtain parts/materials for CLIN 2001 4 Bay Test Cell Facility IAW the Preventative Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 PoP: 1 October 2022 - 30 September 2023

NOT REQUIRE

Product Service Code: J049 Firm Fixed Price

1 Set

Option Line Item

The contractor shall provide sustainable facility maintenance at a fully operational level IAW the Preventive Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 PoP: 1 October 2023 - 30 September 2024 Product Service Code: J049 Firm Fixed Price

12 Months

Option Line Item

Out of Schedule work for CLIN 3001 - The contractor shall provide all labor required to accomplish all Out-of-Schedule repair and replacement operations in accordance with the attached Performance Work Statement PoP: 1 October 2023 - 30 September 2024 Product Service Code: J049 Firm Fixed Price

75 Hours

Option Line Item

The contractor shall obtain parts/materials for CLIN 3001, 4 Bay Test Cell Facility IAW the Preventative Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 PoP: 1 October 2023 - 30 September 2024

NOT REQUIRE

Product Service Code: J049 Firm Fixed Price

1 Set

Option Line Item

The contractor shall provide sustainable facility maintenance at a fully operational level IAW the Preventive Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1

12 Months

4001 PoP: 1 October 2024 - 30 September 2025 Firm Fixed Price

Option Line Item

Out of Schedule work for CLIN 4001 - The contractor shall provide all labor required to accomplish all Out-of-Schedule repair and replacement operations in accordance with the attached Performance Work Statement.

PoP: 1 October 2024 - 30 September 2025 Firm Fixed Price

75 Hours

Option Line Item

The contractor shall obtain parts/materials for CLIN 4001, 4 Bay Test Cell Facility IAW the Preventative Maintenance of 4 Bay Test Cell Facility PWS, Attachment 1 PoP: 1 October 2024 - 30 September 2025

NOT REQUIRE

Firm Fixed Price

1 Set

Description/Specifications/Statement of Work

Requirements The contractor shall provide all management, labor, equipment, materials and tools necessary to maintain clean, safe, fully operational Facility Maintenance (4 Bay Cell), Kadena AB, Okinawa, Japan.

Packaging and Marking

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

0002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

0003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 1001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 1002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 1003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 2001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 2002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 2003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 3001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil

Option Line Item 3002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 3003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 4001 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 4002 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Option Line Item 4003 Inspection and Acceptance Location Both Destination Instructions: N/A

DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS

PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil

Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 AUG 2021

To

30 SEP 2021

Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 AUG 2021

To

30 SEP 2021

0003 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 AUG 2021

To

30 SEP 2021

Option Line Item 1001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2021

To

30 SEP 2022

Option Line Item 1002 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2021

To

30 SEP 2022

Option Line Item 1003 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2021

To

30 SEP 2022

Option Line Item 2001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley

Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2022

To

30 SEP 2023

Option Line Item 2002 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2022

To

30 SEP 2023

Option Line Item 2003 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2022

To

30 SEP 2023

Option Line Item 3001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2023

To

30 SEP 2024

Option Line Item 3002 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2023

To

30 SEP 2024

Option Line Item 3003 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8

Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2023

To

30 SEP 2024

Option Line Item 4001 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2024

To

30 SEP 2025

Option Line Item 4002 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2024

To

30 SEP 2025

Option Line Item 4003 Delivery Schedule Ship To Address

Place of Performance DoDAAC: F2H2A8 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

18 CMS MXMD

AF BPN NO MILSBILLS PROCESSES

18 CMS MXMD

, APO AP 96368

UNITED STATES

OfficeCode:

MSgt Matthew Riley Email: matthew.riley@us.af.mil Telephone: 634-7809

Period of Performance From

01 OCT 2024

To

30 SEP 2025

Contract Administration Data

Special Contract Requirements

Contract Clauses

DFARS Clauses Incorporated by Full Text

Use of Contract Conciliation Panel:

Except as otherwise provided in this contract, any disagreement arising under this contract which is not resolved by the parties to this contract may be submitted to the United States - Japan Joint Committee for conciliation in accordance with Paragraph 10, Article XVIII of the Status of Forces Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America. Requests by the Contractor shall be made in accordance with the following procedures:

(1) In the event the Contractor desires conciliation after the decision of the Contracting Officer has been served upon him, he will first file his appeal from such findings of fact with the appropriate authority in accordance with paragraph 3 (d) of this clause and within the time limits described therein before filing a request for conciliation with the Joint Committee and then request the appellate authority under the "Disputes" clause to suspend its action on his appeal until such time as the Joint Committee has had an opportunity for effecting conciliation.

(2) A request for conciliation will be submitted by the Contractor through the Okinawa Defense Bureau, to the Contract Conciliation Panel of the Joint Committee. Upon the filing of the request with the Joint Committee, the Contractor will immediately notify the Contracting Officer in writing that a request for conciliation has been filed.

247.574 Solicitation provisions and contract clauses.

(a)(1) Use the provision at 252.247-7022, Representation of Extent of Transportation by Sea, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, except -

(i) Those for direct purchase of ocean transportation services; or

(ii) Those with an anticipated value at or below the simplified acquisition threshold.

(2) If the solicitation includes the provision at FAR 52.204-7, do not separately list 252.247-7022 in the solicitation.

237.7603 Solicitation provision and contract clause.

(b) Use the provision at 252.237-7024 , Notice of Continuation of Essential Contractor Services in all solicitations for services that include the clause 252.237-7023 .

225.1103 Other provisions and clauses.

(3) Use the provision at 252.225-7042 , Authorization to Perform, in solicitations when contract performance will be wholly or in part in a foreign country. If the solicitation includes the provision at FAR 52.204-7, do not separately list the provision 252.225-7042 in the solicitation.

252.232-7007 Limitation of Government's Obligation.

As prescribed in 232.705-70 , use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this /these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract.

The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item

(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract

(month) (day), (year)

(month) (day), (year)

(month) (day), (year)

(End of clause)

246.270-4 Contract clause.

Use the clause at 252.246-7004 , Safety of Facilities, Infrastructure, and Equipment for Military Operations, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for the construction, installation, repair, maintenance, or operation of facilities, infrastructure, or for equipment configured for occupancy, planned for use by DoD military or civilian personnel during military operations.

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

As prescribed in 246.270-4 , use the following clause:

SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY OPERATIONS

(OCT 2010)

(a) Definition. "Discipline Working Group," as used in this clause, means representatives from the DoD Components, as defined in MIL-STD-3007F, who are responsible for the unification and maintenance of the Unified Facilities Criteria (UFC) documents for a particular discipline area.

(b) The Contractor shall ensure, consistent with the requirements of the applicable inspection clause in this contract, that the facilities, infrastructure, and equipment acquired, constructed, installed, repaired, maintained, or operated under this contract comply with Unified Facilities Criteria (UFC) 1-200-01 for--

(1) Fire protection;

(2) Structural integrity;

(3) Electrical systems;

(4) Plumbing;

(5) Water treatment;

(6) Waste disposal; and

(7) Telecommunications networks.

(c) The Contractor may apply a standard equivalent to or more stringent than UFC 1-200-01 upon a written determination of the acceptability of the standard by the Contracting Officer with the concurrence of the relevant Discipline Working Group.

(End of clause)

212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.

See DoD Class Deviation 2018-O0021, Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System, issued October 1, 2018. This class deviation allows the contracting officer to use the SPS clause logic capability to automatically select the clauses that are applicable to the specific solicitation and contract. The contracting officer shall ensure that the deviation clause is incorporated into these solicitations and contracts because the deviation clause fulfills the statutory requirements on auditing and subcontract clauses applicable to commercial items. The deviation also authorizes adjustments to the deviation clause required by future changes to the clause at 52.212-5 that are published in the FAR. This deviation is effective for five years, or until otherwise rescinded.

(f) The following additional provisions and clauses apply to DoD solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications at , the contracting officer shall consider this information instead of requiring the offeror to complete these provisions for a particular solicitation.

(ii) Part 204-Administrative and Information Matters.

(J) Use the provision at 252.204-7019 , Notice of NIST SP 800-171 DoD Assessment Requirements, as prescribed in 204.7304 (d).

(ix) Part 225 - Foreign Acquisition. (A) Use the provision at 252.225-7000, Buy American - Balance of Payments Program Certificate, to comply with 41 U.S.C. chapter 83 and Executive Order 10582 of December 17, 1954, Prescribing Uniform Procedures for Certain Determinations Under the Buy-American Act.

(FF) Use the clause at 252.225-7052, Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten, as prescribed in 225.7018-5.

(xiv) Part 239 - Acquisition of Information Technology. (A) Use the provision 252.239-7009, Representation of Use of Cloud Computing, as prescribed in 239.7604(a).

(B) Use the clause 252.239-7010, Cloud Computing Services, as prescribed in 239.7604(b).

(xvii) Part 246 - Quality Assurance.

(B) Use the clause at 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations, as prescribed in 246.270-4, to comply with section 807 of Pub. L. 111-84.

225.7018-5 Contract clause.

Unless acquiring items outside the United States for use outside the United States or a nonavailability determination has been made in accordance with 225.7018-4 , use the clause at 252.225-7052 , Restriction on Acquisition of Certain Magnets, Tantalum, and Tungsten, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that exceed the simplified acquisition threshold.

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

As prescribed in 225.7018-5 , use the following clause:

Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (Oct 2020)

(a) Definitions. As used in this clause--

"Assembly" means an item forming a portion of a system or subsystem that--

(1) Can be provisioned and replaced as an entity; and

(2) Incorporates multiple, replaceable parts.

"Commercially available off-the-shelf item"--

(1) Means any item of supply that is--

(i) A commercial item (as defined in paragraph (1) of the definition of "commercial item" in section 2.101 of the Federal Acquisition Regulation);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under this contract or a subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Component" means any item supplied to the Government as part of an end item or of another component.

"Covered country" means--

(1) The Democratic People's Republic of North Korea;

(2) The People's Republic of China;

(3) The Russian Federation; or

(4) The Islamic Republic of Iran.

"Covered material" means--

(1) Samarium-cobalt magnets;

(2) Neodymium-iron-boron magnets;

(3) Tantalum metal and alloys;

( 4 ) Tungsten metal powder; and

( 5 ) Tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy.

"Electronic device" means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits.

"End item" means the final production product when assembled or completed and ready for delivery under a line item of this contract.

"Subsystem" means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.

"Tungsten heavy alloy" means a tungsten base pseudo alloy that--

(1) Meets the specifications of ASTM B777 or SAE-AMS-T-21014 for a particular class of tungsten heavy alloy; or

(2) Contains at least 90 percent tungsten in a matrix of other metals (such as nickel-iron or nickel-copper) and has density of at least 16.5 g/cm3).

(b) Restriction.

(1) Except as provided in paragraph (c) of this clause, the Contractor shall not deliver under this contract any covered material melted or produced in any covered country, or any end item, manufactured in any covered country, that contains a covered material (10 U.S.C. 2533c).

(2)(i) For samarium-cobalt magnets and neodymium iron-boron magnets, this restriction includes--

(A) Melting samarium with cobalt to produce the samarium-cobalt alloy or melting neodymium with iron and boron to produce the neodymium-iron-boron alloy; and

(B) All subsequent phases of production of the magnets, such as powder formation, pressing, sintering or bonding, and magnetization.

(ii) The restriction on melting and producing of samarium-cobalt magnets is in addition to any applicable restrictions on melting of specialty metals if the clause at 252.225-7009 , Restriction on Acquisition of Certain Articles Containing Specialty Metals, is included in the contract.

(3) For production of tantalum metal and alloys, this restriction includes the reduction of tantalum chemicals such as oxides, chlorides, or potassium salts, to metal powder and all subsequent phases of production of tantalum metal and alloys, such as consolidation of metal powders.

(4) For production of tungsten metal powder and tungsten heavy alloy, this restriction includes-

(i) Atomization;

(ii) Calcination and reduction into powder;

(iii) Final consolidation of non-melt derived metal powders; and

(iv) All subsequent phases of production of tungsten metal powder, tungsten heavy alloy, or any finished or semi-finished component containing tungsten heavy alloy.

(c) Exceptions. This clause does not apply--

(1) To an end item that is--

(i) A commercially available off-the-shelf item, other than--

(A) A commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or

(B) A tantalum metal, tantalum alloy, or tungsten heavy alloy, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;

(ii) An electronic device, unless otherwise specified in the contract; or

(iii) A neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States.

(2) If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.7018-4 of the Defense Federal Acquisition Regulation Supplement, that compliant covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price.

(i) For tantalum metal, tantalum alloy, or tungsten heavy alloy, the term "required form" refers to the form of the mill product, such as bar, billet, wire, slab, plate, or sheet, in the grade appropriate for the production of a finished end item to be delivered to the Government under this contract; or a finished component assembled into an end item to be delivered to the Government under the contract.(ii) For samarium-cobalt magnets or neodymium-iron-boron magnets, the term "required form" refers to the form and properties of the magnets.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in subcontracts and other contractual instruments that are for items containing a covered material, including subcontracts and other contractual instruments for commercial items, unless an exception in paragraph (c) of this clause applies. The Contractor shall not alter this clause other than to identify the appropriate parties.

(End of clause)

204.7304 Solicitation provision and contract clauses.

(e) Use the clause at 252.204-7020 , NIST SP 800-171 DoD Assessment Requirements, in all solicitations and contracts, task orders, or delivery orders, including those using FAR part 12 procedures for the acquisition of commercial items, except for those that are solely for the acquisition of COTS items.

(d) Use the provision at 252.204-7019 , Notice of NIST SP 800-171 DoD Assessment Requirements, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, except for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items.

212.301 Solicitation provisions and contract clauses for the acquisition of commercial items.

See DoD Class Deviation 2018-O0021, Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System, issued October 1, 2018. This class deviation allows the contracting officer to use the SPS clause logic capability to automatically select the clauses that are applicable to the specific solicitation and contract. The contracting officer shall ensure that the deviation clause is incorporated into these solicitations and contracts because the deviation clause fulfills the statutory requirements on auditing and subcontract clauses applicable to commercial items. The deviation also authorizes adjustments to the deviation clause required by future changes to the clause at 52.212-5 that are published in the FAR. This deviation is effective for five years, or until otherwise rescinded.

(f) The following additional provisions and clauses apply to DoD solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications at , the contracting officer shall consider this information instead of requiring the offeror to complete these provisions for a particular solicitation.

(ii) Part 204-Administrative and Information Matters.

(K) Use the clause at 252.204-7020 , NIST SP 800-171 DoD Assessment Requirements, as prescribed in

204.7304 (e).

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

As prescribed in 204.7304 (e), use the following clause:

NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

(a) Definitions.

Basic Assessment" means a contractor's self-assessment of the contractor's implementation of NIST SP 800-171 that--

(1) Is based on the Contractor's review of their system security plan(s) associated with covered contractor information system(s);

(2) Is conducted in accordance with the NIST SP 800-171 DoD Assessment Methodology; and

(3) Results in a confidence level of "Low" in the resulting score, because it is a self-generated score.

"Covered contractor information system" has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract.

"High Assessment" means an assessment that is conducted by Government personnel using NIST SP 800-171A, Assessing Security Requirements for Controlled Unclassified Information that--

(1) Consists of--

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review;

(iii) Verification, examination, and demonstration of a Contractor's system security plan to validate that NIST SP 800-171 security requirements have been implemented as described in the contractor's system security plan;

and

(iv) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of "High" in the resulting score.

"Medium Assessment" means an assessment conducted by the Government that--

(1) Consists of--

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review; and

(iii) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of "Medium" in the resulting score.

(b) Applicability. This clause applies to covered contractor information systems that are required to comply with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, in accordance with Defense Federal Acquisition Regulation System (DFARS) clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract.

(c) Requirements. The Contractor shall provide access to its facilities, systems, and personnel necessary for the

Government to conduct a Medium or High NIST SP 800-171 DoD Assessment, as described in NIST SP 800- 171 DoD Assessment Methodology at https://www.acq.osd.mil/dpap/pdi/cyber /strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html, if necessary.

(d) Procedures. Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) to provide DoD Components visibility into the summary level scores of strategic assessments.

(1) Basic Assessments. A contractor may submit, via encrypted email, summary level scores of Basic Assessments conducted in accordance with the NIST SP 800-171 DoD Assessment Methodology to mailto:

webptsmh@navy.mil for posting to SPRS.

(i) The email shall include the following information:

(A) Version of NIST SP 800-171 against which the assessment was conducted.

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security plan; and

(2) A brief description of the system security plan architecture, if more than one plan exists.

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (b)(1)(i) of this section, the Contractor shall use the following format for the report:

System Security Plan CAGE Codes supported by this plan Brief description of the plan architecture Date of assessment Total Score Date score of 110 will achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system security plan assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(e) Rebuttals.

(1) DoD will provide Medium and High Assessment summary level scores to the Contractor and offer the opportunity for rebuttal and adjudication of assessment summary level scores prior to posting the summary level scores to SPRS (see SPRS User's Guide https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf).

(2) Upon completion of each assessment, the contractor has 14 business days to provide additional information to demonstrate that they meet any security requirements not observed by the assessment team or to rebut the findings that may be of question.

(f) Accessibility.

(1) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(2) Authorized representatives of the Contractor for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees /Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.

(3) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this clause. DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

(g) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items (excluding COTS items).

(2) The Contractor shall not award a subcontract or other contractual instrument, that is subject to the implementation of NIST SP 800-171 security requirements, in accordance with DFARS clause 252.204-7012 of this contract, unless the subcontractor has completed, within the last 3 years, at least a Basic NIST SP 800-171 DoD Assessment, as described in https://www.acq.osd.mil/dpap/pdi/cyber /strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html, for all covered contractor information systems relevant to its offer that are not part of an information technology service or system operated on behalf of the Government.

(3) If a subcontractor does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the subcontractor may conduct and submit a Basic Assessment, in accordance with the NIST SP 800-171 DoD Assessment Methodology, to mailto:webptsmh@navy.mil for posting to SPRS along with the information required by paragraph (d) of this clause.

(End of clause)

204.404-70 Additional contract clauses.

(a) Use the clause at 252.204-7000 , Disclosure of Information, in solicitations and contracts when the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public.

252.204-7000 Disclosure of Information.

As prescribed in 204.404-70 (a), use the following clause:

DISCLOSURE OF INFORMATION (OCT 2016)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless--

(1) The Contracting Officer has given prior written approval;

(2) The information is otherwise in the public domain before the date of release; or

(3) The information results from or arises during the performance of a project that involves no covered defense information (as defined in the clause at DFARS 252.204-7012 ) and has been scoped and negotiated by the contracting activity with the contractor and research performer and determined in writing by the contracting officer to be fundamental research (which by definition cannot involve any covered defense information), in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the Under Secretary of Defense (Acquisition, Technology, and Logistics) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008 (available at DFARS PGI 204.4 ).

(b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10 business days before the proposed date for release.

(c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

(End of clause)

3.808 Solicitation provision and contract clause.

(b) Insert the clause at 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, in solicitations and contracts expected to exceed $150,000.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

As prescribed in 3.808(b), insert the following clause:

Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)

(a) Definitions. As used in this clause-

Agency means "executive agency" as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual…