FIRM FIXED PRICE SUPPLY NON CONSTRUCTION CLAUSES AND PROVISIONS.docx

TERMS AND CONDITIONS FIRM FIXED PRICE NON CONSTRUCTION SUPPLY

(CLAUSES AND PROVISIONS)

FEDERAL ACQUISITION REGULATION (FAR) AND

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES IN ACCORDANCE WITH FEDERAL ACQUISITION CIRCULAR 2025-03 EFFECTIVE DATE: JULY 2026

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.202-1 Definitions. (Jun 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.108, then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.108.

(End of clause)

FAR CLAUSES

The following FAR clauses are hereby incorporated by reference:

52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (June 2020) 52.203-7 Anti-Kickback Procedures. (June 2020) 52.203-17 Contractor Employee Whistleblower Rights. (Nov 2023) 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) 52.212-4 Contract Terms and Conditions -- Commercial Items (Nov 2023) 52.222-50 Combating Trafficking in Persons. (Oct 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) 52.223-5 Pollution Prevention and Right-to Know Information (May 2024).

52.232-40 Providing Accelerated Payments To Small Business Subcontractors (Nov 2021) 52.232-33 Payment by Electronic Funds Transfer- System for Award Management (Oct 2018) 52.232-1 Payments 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3, Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.240-90 Security Prohibitions and Exclusions Representations and Certifications 52.240-91 Security Prohibitions and Exclusions 52.242-15 Stop-Work Order (Aug 1989) 52.244-6 Subcontracts for Commercial Products and Commercial Services 52.246-1 Contractor Inspection Requirements (Aug 1984) 52.247-34 F.o.b. Destination (Nov 1991) (End of Clause)

52.204-13 System for Award Management—Maintenance.

SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION DATE)

(a) Definitions. As used in this clause— Commercial and Government Entity code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to —

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

52.212-1, Instructions to Offerors—Commercial Products and Commercial Services 52.212-2, Evaluation—Commercial Products and Commercial Services 52.212-4 Terms and Conditions- Commercial Products and Commercial Services 52.222-90 Addressing DEI Discrimination by Federal Contractors 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/far/

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Regulation 48 CFR 3001.404 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

FAR PROVISIONS

The following FAR Provisions are hereby incorporated by reference:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation 52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors-Commercial Items (Sep 2023) 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/far/ (End of provision)

HSAR CLAUSES

The following HSAR clauses are hereby incorporated by reference:

3052.204-71 Contractor Employee Access (JUL 2023) 3052.204-71 Contractor Employee Access Alternate II (JUL 2023) 3052.204-72 Safeguarding of controlled unclassified information