- ADDITIONAL CLAUSES.pdf

ADDITIONAL PROVISIONS/CLAUSES

CONTRACT PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

252.225-7979 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN

THE UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2018-

O0008)

(a) In addition to any other existing examination-of-records authority, the Government is authorized to examine any records of the Contractor and its subcontractors to the extent necessary to ensure that funds, supplies, or services available under this contract are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed, in whole or in part, in the United States central Command Theater of

Operations.

(End of clause)

ACCEPTABLE VENDOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE:

“UNDERSTAND/WILL COMPLY.”

252.225-7993 PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (DEVIATION 2015-O0016)

(SEP 2015)

(a) The Contractor shall—

(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this contract are provided directly or indirectly (including through subcontracts) to a person or entity who is actively opposing

United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities;

(2) Check the list of prohibited/restricted sources in the System for Award Management at www.sam.gov —

(i) Prior to subcontract award; and

(ii) At least on a monthly basis; and

(3) Terminate or void in whole or in part any subcontract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Contracting Officer provides to the Contractor written approval of the Head of the Contracting Activity to continue the subcontract.

(b) The Head of the Contracting Activity has the authority to—

(1) Terminate this contract for default, in whole or in part, if the Head of the Contracting Activity determines in writing that the contractor failed to exercise due diligence as required by paragraph (a) of this clause; or

(2)(i) Void this contract, in whole or in part, if the Head of the Contracting Activity determines in writing that any funds received under this contract have been provided directly or indirectly to a person or entity who is actively opposing

United States or Coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

http://www.sam.gov/

(ii) When voided in whole or in part, a contract is unenforceable as contrary to public policy, either in its entirety or with regard to a segregable task or effort under the contract, respectively.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts, including subcontracts for commercial items, under this contract that have an estimated value over $50,000 and will be performed outside the United States and its outlying areas.

(End of clause)

ACCEPTABLE VENDOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE:

“UNDERSTAND/WILL COMPLY.”