FA667521R0020 - Clauses and Provisions.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

FA667521R0020 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

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CLAUSE TITLE YEAR-

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SECTION

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

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I

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

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC L

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2019-12 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2016-05 SEC I

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

2021-01 SEC I

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

2018-01 SEC L

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

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

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.

2020-04 SEC I

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

2013-06 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items. 2020-10 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I 52.204-7 System for Award Management. 2018-10 SEC K 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I 52.232-18 Availability of Funds. 1984-04 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

52.247-34 F.o.b. Destination. 1991-11 SEC F 52.247-35 F.o.b. Destination, Within Consigneeâs Premises. 1984-04 SEC F

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).

1984-04 SEC I

52.212-1 Instructions to Offerors-Commercial Items. 2020-06 SEC L 52.232-11 Extras. 1984-04 SEC I 52.232-8 Discounts for Prompt Payment. 2002-02 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TITLE YEAR-

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CLAUSE TEXT

52.204-19 Incorporation by Reference of Representations and

Certifications.

2014-12

As prescribed in , insert the following clause.4.1202(b)

Incorporation by Reference of Representations and Certifications (DEC 2014)

The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems.

2016-06

As prescribed in , insert the following clause:4.1903

Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

. As used in this clause–(a) Definitions means an information system that is owned or operated Covered contractor information system by a contractor that processes, stores, or transmits Federal contract information.

means information, not intended for public release, that is Federal contract information provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

means any communication or representation of knowledge such as facts, data, or Information opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

means a discrete set of information resources organized for the collection, Information system processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

means measures or controls that are prescribed to protect information systems.Safeguarding

Safeguarding requirements and procedures.(b)

The Contractor shall apply the following basic safeguarding requirements and procedures (1) to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

Limit information system access to authorized users, processes acting on behalf of (i) authorized users, or devices (including other information systems).

Limit information system access to the types of transactions and functions that (ii) authorized users are permitted to execute.

Verify and control/limit connections to and use of external information systems.(iii)

Control information posted or processed on publicly accessible information systems.(iv)

Identify information system users, processes acting on behalf of users, or devices.(v)

Authenticate (or verify) the identities of those users, processes, or devices, as a (vi) prerequisite to allowing access to organizational information systems.

Sanitize or destroy information system media containing Federal Contract Information (vii) before disposal or release for reuse.

Limit physical access to organizational information systems, equipment, and the (viii) respective operating environments to authorized individuals.

Escort visitors and monitor visitor activity; maintain audit logs of physical access; and (ix) control and manage physical access devices.

Monitor, control, and protect organizational communications ( ., information (x) i.e transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

Implement subnetworks for publicly accessible system components that are physically (xi) or logically separated from internal networks.

Identify, report, and correct information and information system flaws in a timely (xii) manner.

Provide protection from malicious code at appropriate locations within organizational (xiii) information systems.

Update malicious code protection mechanisms when new releases are available.(xiv)

Perform periodic scans of the information system and real-time scans of files from (xv) external sources as files are downloaded, opened, or executed.

This clause does not relieve the Contractor of any other specific (2) Other requirements.

safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

The Contractor shall include the substance of this clause, including this (c) Subcontracts.

paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-22 Alternative Line Item Proposal. 2017-01

As prescribed in , insert the following provision:4.1008

Alternative Line Item Proposal (JAN 2017)

The Government recognizes that the line items established in this solicitation may not conform (a) to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

The Offeror may submit one or more additional proposals with alternative line items, provided (b) that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

252.204-7007 ALT A Alternate A, Annual Representations and Certifications. 2021-05

Alternate A, Annual Representations and Certifications.

As prescribed in 204.1202, use the following provision:

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2020)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (e) applies. ____

(ii) Paragraph (e) does not apply and the Offeror has completed the individual ____ representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. ____

(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate. ____

(iii) 252.225-7020, Trade Agreements Certificate. ____

Use with Alternate I. ____

(iv) 252.225-7031, Secondary Arab Boycott of Israel. ____

(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments ____ Program Certificate.

Use with Alternate I. ____

Use with Alternate II. ____

Use with Alternate III. ____

Use with Alternate IV. ____

Use with Alternate V. ____

(vi) 252.226-7002, Representation for Demonstration Project for Contractors ____ Employing Persons with Disabilities.

(vii) 252.232-7015, Performance-Based Payments-Representation. ____

(e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change

. These amended representation(s) and/or certification(s) are also ]by provision number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services-Representation.

2021-05

As prescribed in 204.2105(b), use the following provision:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.â€

(a) . “Covered defense telecommunications equipment or services,†“covered Definitions mission,†“critical technology,†and “substantial or essential component,†as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) . Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 Prohibition (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) . The Offeror shall review the list of excluded parties in the System for Award Procedures Management (SAM) at for entities that are excluded when providing any https://www.sam.gov equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) . If in its annual representations and certifications in SAM the Offeror has Representation represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-Representation, that it “does†provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it will will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) . If the Offeror has represented in paragraph (d) of this provision that it “will Disclosures provide covered defense telecommunications equipment or services,†the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

(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.

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 item financing, submit a commercial item financing request.

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

(f) [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 FA6675

Issue By DoDAAC FA6675

Admin DoDAAC FA6675

Inspect By DoDAAC F5A2MX

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) F5A2MX

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

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

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

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

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

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

of DFARS Appendix F.

(g) WAWF point of contact.

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

sonia.holguin@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)

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

2020-10

As prescribed in , insert the following provision:4.2105(a)

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

As used in this provision-(a) Definitions.

Backhaul, covered telecommunications equipment or services, critical technology, interconnection have the meanings arrangements, reasonable inquiry, roaming, and substantial or essential component provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization (1) Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

Prohibit the head of an executive agency from procuring with an entity to provide a (i) service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

Cover telecommunications equipment that cannot route or redirect user data traffic or (ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal (2) Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

Prohibit the head of an executive agency from procuring with an entity to provide a (i) service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

Cover telecommunications equipment that cannot route or redirect user data traffic or (ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

The Offeror shall review the list of excluded parties in the System for Award (c) Procedures.

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

The Offeror represents that-(d) Representation.

It(1) will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

After conducting a reasonable inquiry, for purposes of this representation, the Offeror (2) represents that-

It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. Disclosure for the representation in paragraph (d)(1) of this provision. If the (1) Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

For covered equipment-(i)

The entity that produced the covered telecommunications equipment (include entity (A) name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

A description of all covered telecommunications equipment offered (include brand; (B) model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

Explanation of the proposed use of covered telecommunications equipment and any (C) factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

For covered services-(ii)

If the service is related to item maintenance: A description of all covered (A) telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

If not associated with maintenance, the Product Service Code (PSC) of the service (B) being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has (2) responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

For covered equipment-(i)

The entity that produced the covered telecommunications equipment (include entity (A) name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

A description of all covered telecommunications equipment offered (include brand; (B) model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

Explanation of the proposed use of covered telecommunications equipment and any (C) factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

For covered services-(ii)

If the service is related to item maintenance: A description of all covered (A) telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

If not associated with maintenance, the PSC of the service being provided; and (B) explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-8 Annual Representations and Certifications. 2020-03

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

Annual Representations and Certifications (Mar 2020)

(a) The North American Industry Classification System (NAICS) code for this acquisition is(1) [insert NAICS code].811310

The small business size standard is [insert size standard].(2) $8M

The small business size standard for a concern which submits an offer in its own name, (3) other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) If the provision at 52.204-7, System for Award Management, is included in this solicitation, (1) paragraph (d) of this provision applies.

If the provision at 52.204-7, System for Award Management, is not included in this (2) solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i)

Paragraph (d) applies.

(ii)

Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The following representations or certifications in SAM are applicable to this solicitation as (1) indicated:

52.203-2, Certificate of Independent Price Determination. This provision applies to (i) solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

The acquisition is to be made under the simplified acquisition procedures in part 13;(A)

The solicitation is a request for technical proposals under two-step sealed bidding (B) procedures; or

The solicitation is for utility services for which rates are set by law or regulation.(C)

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain (ii) Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal (iii) Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

52.204-3, Taxpayer Identification. This provision applies to solicitations that do not (iv) include the provision at 52.204-7, System for Award Management.

52.204-5, Women-Owned Business (Other Than Small Business). This provision (v) applies to solicitations that-

Are not set aside for small business concerns;(A)

Exceed the simplified acquisition threshold; and(B)

Are for contracts that will be performed in the United States or its outlying areas.(C)

52.204-26, Covered Telecommunications Equipment or Services-Representation. This (vi) provision applies to all solicitations.

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-(vii) Representation.

52.209-5, CertificationRegarding Responsibility Matters. This provision applies to (viii) solicitations where the contract value is expected to exceed the simplified acquisition threshold.

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a (ix) Felony Conviction under any Federal Law. This provision applies to all solicitations.

52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations (x) for bids except those in which the place of performance is specified by the Government.

52.215-6, Place of Performance. This provision applies to solicitations unless the place (xi) of performance is specified by the Government.

52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This (xii) provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

The basic provision applies when the solicitations are issued by other than DoD, (A) NASA, and the Coast Guard.

The provision with its Alternate I applies to solicitations issued by DoD, NASA, or (B) the Coast Guard.

The provision with its Alternate II applies to solicitations that will result in a (C) multiple-award contract with more than one NAICS code assigned.

52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by (xiii) sealed bidding and the contract will be performed in the United States or its outlying areas.

52.222-22, Previous Contracts and Compliance Reports. This provision applies to (xiv) solicitations that include the clause at 52.222-26, Equal Opportunity.

52.222-25, Affirmative Action Compliance. This provision applies to solicitations, (xv) other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

52.222-38, Compliance with Veterans' Employment Reporting Requirements. This (xvi) provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

52.223-1, Biobased Product Certification. This provision applies to solicitations that (xvii) require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

52.223-4, Recovered Material Certification. This provision applies to solicitations (xviii) that are for, or specify the use of, EPA–designated items.

52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-(xix) Representation. This provision applies to solicitations that include the clause at 52.204-7.)

52.225-2, Buy American Certificate. This provision applies to solicitations containing (xx) the clause at 52.225-1.

52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, (xxi) Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

If the acquisition value is less than $25,000, the basic provision applies.(A)

If the acquisition value is $25,000 or more but is less than $50,000, the provision (B) with its Alternate I applies.

If the acquisition value is $50,000 or more but is less than $83,099, the provision (C) with its Alternate II applies.

If the acquisition value is $83,099 or more but is less than $100,000, the provision (D) with its Alternate III applies.

52.225-6, Trade Agreements Certificate. This provision applies to solicitations (xxii) containing the clause at 52.225-5.

52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-(xxiii) Certification. This provision applies to all solicitations.

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or (xxiv) Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

52.226-2, Historically Black College or University and Minority Institution (xxv) Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

The following representations or certifications are applicable as indicated by the (2) Contracting Officer:

[ ]Contracting Officer check as appropriate.

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

52.204-20, Predecessor of Offeror.(ii)

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

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

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

52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–(vi) Designated Products (Alternate I only).

52.227-6, Royalty Information.(vii)

Basic.(A)

Alternate I.(B)

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

The offeror has completed the annual representations and certifications electronically in SAM (d) website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, ]. These amended representation(s) and/or certification(s) are also incorporated in this offer and title, date are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. 2021-02 52.212-3 Offeror Representations and Certifications-Commercial Items.

As prescribed in , insert the following provision:12.301(b)(2)

Offeror Representations and Certifications-Commercial Items (Feb 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

. As used in this provision-(a) Definitions

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

means a small Economically disadvantaged women-owned small business (EDWOSB) concern business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with . It 13 CFR part 127 automatically qualifies as a women-owned small business eligible under the WOSB Program.

means all work or service-Forced or indentured child labor

Exacted from any person under the age of 18 under the menace of any penalty for its (1) nonperformance and for which the worker does not offer himself voluntarily; or

Performed by any person under the age of 18 pursuant to a contract the enforcement of (2) which can be accomplished by process or penalties.

means the entity that owns or controls an immediate owner of the offeror, or Highest-level owner that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

means an entity, other than the offeror, that has direct control of the offeror. Immediate owner Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

, means a foreign incorporated entity that meets the definition of an Inverted domestic corporation inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

means any end product in product and service codes (PSCs) 1000-Manufactured end product 9999, except-

PSC 5510, Lumber and Related Basic Wood Materials;(1)

Product or Service Group (PSG) 87, Agricultural Supplies;(2)

PSG 88, Live Animals;(3)

PSG 89, Subsistence;(4)

PSC 9410, Crude Grades of Plant Materials;(5)

PSC 9430, Miscellaneous Crude Animal Products, Inedible;(6)

PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;(7)

PSC 9610, Ores;(8)

PSC 9620, Minerals, Natural and Synthetic; and(9)

PSC 9630, Additive Metal Materials.(10) means the place where an end product is assembled out of components, or Place of manufacture otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

means an entity that is replaced by a successor and includes any predecessors of the Predecessor predecessor.

has the meaning provided in the clause 52.204-25, Prohibition on Contracting Reasonable inquiry for Certain Telecommunications and Video Surveillance Services or Equipment.

means business operations in Sudan that include power production Restricted business operations activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

Are conducted under contract directly and exclusively with the regional government of (1) southern Sudan;

Are conducted pursuant to specific authorization from the Office of Foreign Assets Control (2) in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

Consist of providing goods or services to marginalized populations of Sudan;(3)

Consist of providing goods or services to an internationally recognized peacekeeping force (4) or humanitarian organization;

Consist of providing goods or services that are used only to promote health or education; or(5)

Have been voluntarily suspended."Sensitive technology"-(6)

-Sensitive technology

Means hardware, software, telecommunications equipment, or any other technology that is (1) to be used specifically-

To restrict the free flow of unbiased information in Iran; or(i)

To disrupt, monitor, or otherwise restrict speech of the people of Iran; and(ii)

Does not include information or informational materials the export of which the President (2) does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

-Service-disabled veteran-owned small business concern

Means a small business concern-(1)

Not less than 51 percent of which is owned by one or more service-disabled veterans or, (i) in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

The management and daily business operations of which are controlled by one or more (ii) service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability (2) that is service connected, as defined in 38 U.S.C. 101(16).

-Small business concern

Means a concern, including its affiliates, that is independently owned and operated, not (1) dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

, as used in this definition, means business concerns, one of whom directly or (2) Affiliates indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.

SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

, consistent with13 CFR 124.1002, means a small business Small disadvantaged business concern concern under the size standard applicable to the acquisition, that-

Is at least 51 percent unconditionally and directly owned (as defined at ) (1) 13 CFR 124.105 by-

One or more socially disadvantaged (as defined at13 CFR 124.103) and economically (i) disadvantaged (as defined at ) individuals who are citizens of the United States; and13 CFR 124.104

Each individual claiming economic disadvantage has a net worth not exceeding (ii) $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

The management and daily business operations of which are controlled (as defined at 13.(2) CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

means an entity in which more than 50 percent of the entity is owned-Subsidiary

Directly by a parent corporation; or(1)

Through another subsidiary of a parent corporation(2) means an entity that has replaced a predecessor by acquiring the assets and carrying out Successor the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

means a small business concern-Veteran-owned small business concern

Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.(1) C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

The management and daily business operations of which are controlled by one or more (2) veterans.

(in accordance Women-owned small business (WOSB) concern eligible under the WOSB Program with ), means a small business concern that is at least 51 percent directly and 13 CFR part 127 unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern-

That is at least 51 percent owned by one or more women; or, in the case of any publicly (1) owned business, at least51 percent of the stock of which is owned by one or more women; and

Whose management and daily business operations are controlled by one or more women.(2)

(b) . Any changes provided by the Offeror in (1) Annual Representations and Certifications paragraph (b)(2) of this provision do not automatically change the representations and certifications in

SAM

The offeror has completed the annual representations and certifications electronically in (2) SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced…