Clause and Provision Set.pdf

DOCUMENT NUMBER

FA568226QA005

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

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ALT NO/

DEV NO

CLAUSE TITLE YEAR-

MO

SECTION

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

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 SEC I

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7041 Correspondence in English. 1997-06 SEC I

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01 SEC I

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

2018-12 SEC G

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

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11 SEC I

252.247-7023 ALT I Transportation of Supplies by Sea. (Alternate I) 2024-10 SEC I

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

2017-01 SEC I

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities.

2023-12 SEC I

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

2021-11 SEC I

52.204-27 Prohibition on a ByteDance Covered Application. 2023-06 SEC I

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

2015-11 SEC I

52.222-50 Combating Trafficking in Persons. 2025-10 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2024-05 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I

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

2024-05 SEC I

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

2018-10 SEC I

52.232-36 Payment by Third Party. 2014-05 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03 SEC I

52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or

Assembled by American Security Drone Act-Covered Foreign Entities.

2024-11 SEC I

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.

2023-11 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TITLE ALT NO/

DEV NO

YEAR-

MO

CLAUSE TEXT

252.211-7003 Item Unique Identification and Valuation. 2023-01

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier;

original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" " means the entity (e.g., a manufacturer or vendor) responsible for assigning Enterprise unique item identifiers to items.

" identifier" means a code that is uniquely assigned to an enterprise by an issuing Enterprise agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" or batch number" means an identifying number assigned by the enterprise to a Lot designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again.

The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment.

The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary;

and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

Serialize within the part, lot, or batch number; or (2)

Use a DoD recognized unique identification equivalent (e.g. Vehicle (3) Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) identifier (if concatenated unique item identifier is used). Enterprise

(5) Original part number (if there is serialization within the original part number).

(6) or batch number (if there is serialization within the lot or batch number). Lot

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) identifier (if concatenated unique item identifier is used).** Enterprise

(6) Original part number (if there is serialization within the original part number).**

(7) or batch number (if there is serialization within the lot or batch number).** Lot

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site /uidregistry/.

(2) Embedded items shall be reported by one of the following methods-

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , ____ Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) . If the Contractor acquires by subcontract, any item(s) for which item unique Subcontracts identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

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

2015-06

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE

THE UNITED STATES (JUN 2015)

(a) . " ," as used in this clause, means, the 50 States, the District of Definition United States , and outlying areas.Columbia

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the under this contract, shallUnited States -

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a entity;U.S.

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is -

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from PGI 225.372-1 (Contracting Officer to insert applicable information cited in PGI 225.372-1

.(DFARS/PGI view))

(End of clause)

252.229-7001 Tax Relief. 2020-04

TAX RELIEF-BASIC (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: VAT(Offeror insert) RATE (PERCENTAGE): 21(Offeror insert)

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(End of clause)

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process Electronic invoicing.

vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web- WAWF training.

Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, WAWF methods of document submission.

Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following Document type.

document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

combo

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA5682

Admin DoDAAC FA5682

Inspect By DoDAAC F1FWTD

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) F1FWTD

Service Acceptor (DoDAAC) F1FWTD

Accept at Other DoDAAC F1FWTD

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

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

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

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

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

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

of DFARS Appendix F.

(g) WAWF point of contact.

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

731eabs.etaks.cons@us.af.mil

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

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

(End of clause)

52.225-19 Contractor Personnel in a Designated Operational Area or

Supporting a Diplomatic or Consular Mission Outside the United States.

2020-05

Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (May 2020)

. As used in this clause-(a) Definitions means the principal officer in charge of a diplomatic mission of the United States or of Chief of mission a United States office abroad which is designated by the Secretary of State as diplomatic in nature, including any individual assigned under section 502(c) of the Foreign Service Act of 1980 (Public Law 96-465) to be temporarily in charge of such a mission or office.

means the commander of a unified or specified combatant command Combatant commander established in accordance with 10 U.S.C. 161.

means a geographic area designated by the combatant commander or Designated operational area subordinate joint force commander for the conduct or support of specified military operations.

"Supporting a diplomatic or consular mission" means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a chief of mission.

.(b) General

This clause applies when Contractor personnel are required to perform outside the United States-(1)

In a designated operational area during-(i)

Contingency operations;(A)

Humanitarian or peacekeeping operations; or(B)

Other military operations; or military exercises, when designated by the Combatant Commander; (C) or

When supporting a diplomatic or consular mission-(ii)

That has been designated by the Department of State as a danger pay post (see https://aoprals.(A) state.gov/); or

That the Contracting Officer has indicated is subject to this clause.(B)

Contract performance may require work in dangerous or austere conditions. Except as otherwise (2) provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

Contractor personnel are civilians.(3)

Except as provided in paragraph (b)(3)(ii) of this clause, and in accordance with paragraph (i)(3) of (i) this clause, Contractor personnel are only authorized to use deadly force in self-defense.

Contractor personnel performing security functions are also authorized to use deadly force when (ii) use of such force reasonably appears necessary to execute their security mission to protect assets /persons, consistent with the terms and conditions contained in the contract or with their job description and terms of employment.

Service performed by Contractor personnel subject to this clause is not active duty or service (4) under 38 U.S.C. 106 note.

. Unless specified elsewhere in the contract, the Contractor is responsible for all logistical (c) Support and security support required for Contractor personnel engaged in this contract.

. The Contractor shall comply with, and shall ensure that its (d) Compliance with laws and regulations personnel in the designated operational area or supporting the diplomatic or consular mission are familiar with and comply with, all applicable-

United States, host country, and third country national laws;(1)

Treaties and international agreements;(2)

United States regulations, directives, instructions, policies, and procedures; and(3)

Force protection, security, health, or safety orders, directives, and instructions issued by the Chief (4) of Mission or the Combatant Commander; however, only the Contracting Officer is authorized to modify the terms and conditions of the contract.

.(e) Preliminary personnel requirements

Specific requirements for paragraphs (e)(2)(i) through (e)(2)(vi) of this clause will be set forth in (1) the statement of work, or elsewhere in the contract.

Before Contractor personnel depart from the United States or a third country, and before (2) Contractor personnel residing in the host country begin contract performance in the designated operational area or supporting the diplomatic or consular mission, the Contractor shall ensure the following:

All required security and background checks are complete and acceptable.(i)

All personnel are medically and physically fit and have received all required vaccinations.(ii)

All personnel have all necessary passports, visas, entry permits, and other documents required for (iii) Contractor personnel to enter and exit the foreign country, including those required for in-transit countries.

All personnel have received-(iv)

A country clearance or special area clearance, if required by the chief of mission; and(A)

Theater clearance, if required by the Combatant Commander.(B)

All personnel have received personal security training. The training must at a minimum-(v)

Cover safety and security issues facing employees overseas;(A)

Identify safety and security contingency planning activities; and(B)

Identify ways to utilize safety and security personnel and other resources appropriately.(C)

All personnel have received isolated personnel training, if specified in the contract. Isolated (vi) personnel are military or civilian personnel separated from their unit or organization in an environment requiring them to survive, evade, or escape while awaiting rescue or recovery.

All personnel who are U.S. citizens are registered with the U.S. Embassy or Consulate with (vii) jurisdiction over the area of operations on-line at http://www.travel.state.gov.

The Contractor shall notify all personnel who are not a host country national or ordinarily resident (3) in the host country that-

If this contract is with the Department of Defense, or the contract relates to supporting the mission (i) of the Department of Defense outside the United States, such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States (see the Military Extraterritorial Jurisdiction Act of 2000 (18 U.

S.C. 3261 .);et seq

Pursuant to the War Crimes Act, 18 U.S.C. 2441, Federal criminal jurisdiction also extends to (ii) conduct that is determined to constitute a war crime when committed by a civilian national of the United States; and

Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises (iii) of United States diplomatic, consular, military or other United States Government missions outside the United States ( 18U.S.C.7(9)).

. The Contractor shall require its personnel who are arriving from (f) Processing and departure points outside the area of performance to perform in the designated operational area or supporting the diplomatic or consular mission to-

Process through the departure center designated in the contract or complete another process as (1) directed by the Contracting Officer;

Use a specific point of departure and transportation mode as directed by the Contracting Officer; (2) and

Process through a reception center as designated by the Contracting Officer upon arrival at the (3) place of performance.

.(g) Personnel data

Unless personnel data requirements are otherwise specified in the contract, the Contractor shall (1) establish and maintain with the designated Government official a current list of all Contractor personnel in the areas of performance. The Contracting Officer will inform the Contractor of the Government official designated to receive this data and the appropriate system to use for this effort.

The Contractor shall ensure that all employees on this list have a current record of emergency (2) data, for notification of next of kin, on file with both the Contractor and the designated Government official.

. The Contracting Officer may direct the Contractor, at its own expense, to (h) Contractor personnel remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including termination for default or cause.

.(i) Weapons

If the Contracting Officer, subject to the approval of the Combatant Commander or the Chief of (1) Mission, authorizes the carrying of weapons-

The Contracting Officer may authorize an approved Contractor to issue Contractor-owned (i) weapons and ammunition to specified employees; or

The [Contracting Officer to specify individual, e.g., Contracting Officer (ii) Local contracting officer Representative, Regional Security Officer, etc,] may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees.

The Contractor shall provide to the Contracting Officer a specific list of personnel for whom (2) authorization to carry a weapon is requested.

The Contractor shall ensure that its personnel who are authorized to carry weapons-(3)

Are adequately trained to carry and use them-(i)

Safely;(A)

With full understanding of, and adherence to, the rules of the use of force issued by the (B) Combatant Commander or the Chief of Mission; and

In compliance with applicable agency policies, agreements, rules, regulations, and other (C) applicable law;

Are not barred from possession of a firearm by 18U.S.C. 922; and(ii)

Adhere to all guidance and orders issued by the Combatant Commander or the Chief of Mission (iii) regarding possession, use, safety, and accountability of weapons and ammunition.

Upon revocation by the Contracting Officer of the Contractor's authorization to possess weapons, (4) the Contractor shall ensure that all Government-furnished weapons and unexpended ammunition are returned as directed by the Contracting Officer.

Whether or not weapons are Government-furnished, all liability for the use of any weapon by (5) Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon.

. Contractor personnel shall possess the required licenses to operate (j) Vehicle or equipment licenses all vehicles or equipment necessary to perform the contract in the area of performance.

.(k) Military clothing and protective equipment

Contractor personnel are prohibited from wearing military clothing unless specifically authorized (1) by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must wear distinctive patches, armbands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures.

Contractor personnel may wear specific items required for safety and security, such as ballistic, (2) nuclear, biological, or chemical protective equipment.

.(l) Evacuation

If the Chief of Mission or Combatant Commander orders a mandatory evacuation of some or all (1) personnel, the Government will provide to United States and third country national Contractor personnel the level of assistance provided to private United States citizens.

In the event of a non-mandatory evacuation order, the Contractor shall maintain personnel on (2) location sufficient to meet contractual obligations unless instructed to evacuate by the Contracting Officer.

.(m) Personnel recovery

In the case of isolated, missing, detained, captured or abducted Contractor personnel, the (1) Government will assist in personnel recovery actions.

Personnel recovery may occur through military action, action by non-governmental organizations, (2) other Government-approved action, diplomatic initiatives, or through any combination of these options.

The Department of Defense has primary responsibility for recovering DoD contract service (3) employees and, when requested, will provide personnel recovery support to other agencies in accordance with DoD Directive 2310.2, Personnel Recovery.

.(n) Notification and return of personal effects

The Contractor shall be responsible for notification of the employee-designated next of kin, and (1) notification as soon as possible to the U.S. Consul responsible for the area in which the event occurred, if the employee-

Dies;(i)

Requires evacuation due to an injury; or(ii)

Is isolated, missing, detained, captured, or abducted.(iii)

The Contractor shall also be responsible for the return of all personal effects of deceased or (2) missing Contractor personnel, if appropriate, to next of kin.

. Mortuary affairs for Contractor personnel who die in the area of performance (o) Mortuary affairs will be handled as follows:

If this contract was awarded by DoD, the remains of Contractor personnel will be handled in (1) accordance with DoD Directive 1300.22, Mortuary Affairs Policy.

(2)

If this contract was awarded by an agency other than DoD, the Contractor is responsible for the (i) return of the remains of Contractor personnel from the point of identification of the remains to the location specified by the employee or next of kin, as applicable, except as provided in paragraph (o)(2)

(ii) of this clause.

In accordance with 10 U.S.C. 1486, the Department of Defense may provide, on a reimbursable (ii) basis, mortuary support for the disposition of remains and personal effects of all U.S. citizens upon the request of the Department of State.

. In addition to the changes otherwise authorized by the Changes clause of this contract, (p) Changes the Contracting Officer may, at any time, by written order identified as a change order, make changes in place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph shall be subject to the provisions of the Changes clause of this contract.

. The Contractor shall incorporate the substance of this clause, including this (q) Subcontracts paragraph (q), in all subcontracts that require subcontractor personnel to perform outside the United States-

In a designated operational area during-(1)

Contingency operations;(i)

Humanitarian or peacekeeping operations; or(ii)

Other military operations; or military exercises, when designated by the Combatant Commander; (iii) or

When supporting a diplomatic or consular mission-(2)

That has been designated by the Department of State as a danger pay post (see https://aoprals.state.(i) gov/); or

That the Contracting Officer has indicated is subject to this clause.(ii)

Payment by Electronic Funds Transfer-Other than System for

52.232-34 Award Management. 2013-07

Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) Method of payment.(a)

All payments by the Government under this contract shall be made by electronic funds transfer (1) (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

In the event the Government is unable to release one or more payments by EFT, the Contractor (2) agrees to either-

Accept payment by check or some other mutually agreeable method of payment; or(i)

Request the Government to extend payment due dates until such time as the Government makes (ii) payment by EFT (but see paragraph (d) of this clause).

Mandatory submission of Contractor's EFT information.(b)

The Contractor is required to provide the Government with the information required to make (1) payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") by

[the Contracting Officer shall insert date, days after award, days after completion of Project________ before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or "concurrent with first request" as prescribed by the head of the agency; if not prescribed, insert "no later than 15 days prior to submission of the first request for payment"]. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall (2) specifically state the applicability of this EFT information in terms acceptable to the designated office.

However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

. The Government may make payment by EFT through either the (c) Mechanisms for EFT payment Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in .31 CFR Part 210

Suspension of payment.(d)

The Government is not required to make any payment under this contract until after receipt, by the (1) designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

If the EFT information changes after submission of correct EFT information, the Government (2) shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

Liability for uncompleted or erroneous transfers.(e)

If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT (1) information incorrectly, the Government remains responsible for-

Making a correct payment;(i)

Paying any prompt payment penalty due; and(ii)

Recovering any erroneously directed funds.(iii)

If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was (2) incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

If the funds are no longer under the control of the payment office, the Government is deemed to (i) have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

If the funds remain under the control of the payment office, the Government shall not make (ii) payment and the provisions of paragraph (d) shall apply.

. A payment shall be deemed to have been made in a timely manner in (f) EFT and prompt payment accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

. If the Contractor assigns the proceeds of this contract as provided (g) EFT and assignment of claims for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

. The Government is not liable for (h) Liability for change of EFT information by financial agent errors resulting from changes to EFT information provided by the Contractor's financial agent.

. The payment or disbursing office shall forward to the Contractor available (i) Payment information payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

. The Contractor shall provide the following information to the designated office. (j) EFT information The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.

The contract number (or other procurement identification number).(1)

The Contractor's name and remittance address, as stated in the contract(s).(2)

The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor (3) official authorized to provide this information.

The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.(4)

The Contractor's account number and the type of account (checking, saving, or lockbox).(5)

If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial (6) agent.

If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-(7) digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services.

2025-10

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Oct 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, of the Consolidated and Further Continuing (JAN 2017)

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Section 1634 of Pub. L. 115-91).(DEC 2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(NOV 2021)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(NOV 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.(MAR 2023) S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and (OCT 2004) 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to…