Provisions and Clauses.pdf

Provisions and Clauses

Contract Clauses to be incorporated by Reference:

52.203-3 Gratuities

52.203-6 Restrictions on Subcontractor Sales to the Government

52.203-6 Alt I Restrictions on Subcontractor Sales to the Government

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

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

52.204-13 System for Award Management Maintenance

52.204-91 Contractor identification 252.203-7000

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.222-35 Equal Opportunity for Veterans

52.222-37 Employment Reports on Veterans

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

52.222-50 Combating Trafficking in Persons

52.222-54 Employment Eligibility Verification

52.223-23 Sustainable Products and Services

52.225-1 Buy American-Supplies

52.226-4 Notice of Disaster or Emergency Area Set-Aside

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

52.232-29 Terms for Financing of Commercial Products and Commercial Services

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.240-91 Security Prohibitions and Exclusions

52.240-93 Basic Safeguarding of Covered Contractor Information Systems

52.244-6 Subcontracts for Commercial Products and Commercial Services

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022

252.204-7023 Reporting Requirements for Contracted Services

252.205-7000 Provision of Information to Cooperative Agreement Holders

252.211-7003 Item Unique Identification and Valuation

252.225-7001 Buy American and Balance of Payments Program

252.225-7012 Preference for Certain Domestic Commodities

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

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

252.243-7002 Requests for Equitable Adjustment

252.247-7023 Transportation of Supplies by Sea

Solicitation Provisions:

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

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

52.204-7 System for Award Management—Registration

52.217-5 Evaluation of Options

52.217-8 Options to Extend Services

52.217-9 Option to Extend the Term of the Contract

52.225-2 Buy American Certificate

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7024 Notice on the Use of the Supplier Performance Risk System

252.225-7000 Buy American—Balance of Payments Program Certificate

252.225-7020 Trade Agreements Certificate

252.225-7031 Secondary Arab Boycott of Israel

252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation

Clauses to be incorporated by Full Text:

52.252-1 Solicitation Provisions Incorporated by Reference

52.252-2 Clauses Incorporated by Reference

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

As prescribed in 12.205(a)(1), insert a clause substantially as follows:

Instructions to Offerors—Commercial Products and Commercial Services (Deviation Date)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a post award debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

52.212-2 Evaluation--Commercial Products and Commercial Services

As prescribed in 12.205(a)(2), insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Deviation Date)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

[Insert evaluation factors in the relative order of importance. For requests for proposals, state: Evaluation factors other than price when combined are [significantly more important than price/approximately equal to price/significantly less important] than price. For invitations for bids, list only price and price-related factors.]

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

252.232-7006 Wide Area Workflow Payment Instructions – to be completed at time of award

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023). The required delivery for CLINs 0004 and 0005 is electronic and there are no physical items for these CLINs to which an item unique identifier can be affixed.