Separate_Clauses.docx

552.209-70 Representation by Entities Regarding Incorporation or Charter in Bermuda or the Cayman Islands - Fiscal Year 2015 Appropriations, Division E Agencies (Month 2015)

(a) This clause only applies if:

(1) The contract was entered into in or after fiscal year (FY) 2015; and

(2) The source of funding for the contract action is appropriated funding provided by Division E under the Consolidated and Further Continuing Appropriations Act, 2015.

(b) For task order or delivery orders, this clause should only be used if the base contract against which the order is placed was awarded in or after FY 2015, and the task or delivery order uses funds provided by Division E of the FY15 CF CAA.

(c) Division E Agencies under the Consolidated and Further Continuing Appropriations Act, 2015, consist of the following exhaustive list of entities:

- Department of the Treasury (Departmental Offices; Financial Crimes Enforcement Network; Treasury Forfeiture Fund; Bureau of the Fiscal Service; Alcohol and Tobacco Tax and Trade Bureau; United States Mint; Community Development Financial Institutions Fund Program Account; Internal Revenue Service);

- Executive Office of the President and Funds Appropriated to the President (White House; Executive Residence at the White House; White House Repair and Restoration; Council of Economic Advisors; National Security Council and Homeland Security Council; Office of Administration; Office of Management and Budget; Office of National Drug Control Policy; Information Technology Oversight and Reform; Special Assistance to the President; Official Residence of the Vice President); - The Judiciary (Supreme Court of the United States; United States Court of Appeals for the Federal Circuit; United States Court of International Trade; Courts of Appeals, District Courts and Other Judicial Services; Administrative Office of the United States Courts; Federal Judicial Center; United States Sentencing Commission);

- District of Columbia (A// Federal funding);

- Independent Agencies (Administrative Conference of the United States; Commodity Futures Trading Commission; Consumer Product Safety Commission; Election Assistance Commission; Federal Communications Commission; Federal Deposit Insurance Corporation; Federal Election Commission; Federal Labor Relations Authority; Federal Trade Commission; General Services Administration; Harry S. Truman Scholarship Foundation; Merit Systems Protection Board; Morris K. Udall and Stewart A. Udall Foundation; National Archives and Records Administration; National Credit Union Administration; Office of Government Ethics; Office of Personnel Management; Office of Special Counsel; Postal Regulatory Commission; Privacy and Civil Liberties Oversight Board; Recovery Accountability and Transparency Board; Securities and Exchange Commission; Selective Service System; Small Business Administration; United States Postal Service; United States Tax Court)

(d) In accordance with Section 627 of the Consolidated and Further Continuing Appropriations, Act, 2015, none of the funds made available by the Consolidated and Further Continuing Appropriations, Act, 2015, Division E, may be used to enter into any contract with an incorporated entity if such entity's sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman Islands, and such entity's sealed bid or competitive proposal shows that such entity was previously incorporated in the United States.

(e) The Offeror represents that it is []is not []an entity incorporated or chartered in Bermuda or the Cayman Islands, and was [ ] or was not [ ] previously incorporated or chartered in the United States.

[End of Clause]

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) Insert the following provision in all solicitations that will use Federal funds.

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)

(FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)