Attachment_7_-_Provisions_and_Clauses.docx

PROVISIONS/CLAUSES

PROVISIONS

FAR 52.215-20, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, Alternate III FAR 52.215-21, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications Alternate III FAR 52.216-7 -- Allowable Cost and Payment.

FAR 52.216-8 -- Fixed Fee.

FAR 52.217-5, Evaluation of Options FAR 52.222-60, Paycheck Transparency (Executive Order 13673) DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252.203-7996, Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements-Representation (Deviation 2016-O0003) DFARS 252.204-7004, Alternate A, System For Award Management DFARS 252.215-7007, Notice of Intent to Resolicit DFARS 252.215-7008, Only One Offer DFARS 252.215-7009, Proposal Adequacy Checklist DFARS 252.222-7007, Representation Regarding Combating Trafficking in Persons DFARS 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism DFARS 252.239-7017, Notice of Supply Chain Risk

FULL TEXT PROVISIONS

Offeror must complete and return the following provisions with their quotation.

DFARS 252.239-7009, Representation of Use of Cloud Computing (Sep 2015)

(a) Definition. “Cloud computing,” as used in this provision, means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

(b) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether the use of cloud computing is anticipated under the resultant contract.

(c) Representation. The Offeror represents that it— _____ Does anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

(End of provision)

DARS 52.209-9000, ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2005)

(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart

9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors DARS must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

(End of clause)

[ ] Offeror believes no OCCI exists as a result of submission of this proposal [ ] Offeror believes a potential OCCI exists and has submitted a proposed mitigation plan for evaluation.

CLAUSES

FAR 52.217-8, Option to Extend Services (preliminary notification req’d 30 days prior to expiration of contract)

FAR 52.217-9, Option to Extend the Term of the Contract (The Government will exercise the option within 30 days prior to expiration, provided that the Government gives notice of intent to exercise the option within 60 days, Total duration of this contract including the exercise of options under this clause is: 3 years.)

FAR 52.232-18, Availability of Funds FAR 52.232-20, Limitation of Cost FAR 52.232-22, Limitation of Funds DFARS 252.201-7000, Contracting Officer's Representative DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7003, Agency Office of the Inspector General DFARS 252.203-7997, Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003) DFARS 252.204-7000, Disclosure of Information DFARS 252.204-7002, Payment for Subline Items Not Separately Priced DFARS 252.204-7003, Control of Government Personnel Work Product DFARS 252.204-7005, Oral Attestation of Security Responsibilities DFARS 252.204-7009, Limitations on the Use and Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.211-7008, Use of Government-Assigned Serial Numbers DFARS 252.215-7000, Pricing Adjustments DFARS 252.215-7002, Cost Estimating System Requirements DFARS 252.216-7009, Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding DFARS 252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements DFARS 252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials DFARS 252.225-7012, Preference for Certain Domestic Commodities DFARS 252.225-7048, Export Controlled Items DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises and Native Hawaiian Small Business Concerns DFARS 252.227-7013 Rights in Technical Data--Noncommercial Items.

DFARS 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation.

DFARS 252.227-7015 Technical Data–Commercial Items.

DFARS 252.231-7000, Supplemental Cost Principles DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7007, Limitation of Government's Obligation DFARS 252.232-7010, Levies on Contract Payments DFARS 252.236-7006, Cost Limitation DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.237-7023, Continuation of Essential Contractor Services DFARS 252.239-7000, Protection Against Compromising Emanations DFARS 252.239-7001, Information Assurance Contractor Training and Certification DFARS 252.239-7010, Cloud Computing Services DFARS 252.239-7018, Supply Chain Risk DFARS 252.241-7001, Government Access DFARS 252.242-7006, Accounting System Administration DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.243-7002, Requests for Equitable Adjustment DFARS 252.244-7001, Contractor Purchasing System Administration DFARS 252.245-7002 Reporting Loss of Government Property.

DFARS 252.245-7003 Contractor Property Management System Administration.

DFARS 252.245-7004 Reporting, Reutilization, and Disposal.

DFARS 252.246-7000, Material Inspection and Receiving Report DFARS 252.247-7023, Transportation of Supplies by Sea – Basic DARS 52.204-9001, Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor- Hours DARS 52.211-9000, Requirement to Submit an Electronic Product List DARS 52.237-9001, Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting

FULL TEXT CLAUSES

FAR 52.217-8, Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause) FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause) DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions (May 2013)

(a) Definitions. As used in this clause— “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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Cost Voucher (CPFF CLINS) 2-in-1 Invoice (FFP CLINS)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Not Applicable

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Ship To/Service Acceptor DoDAAC: HCXXXX Name:

Phone Number:

E-Mail:

Alternate Acceptor: DoDAAC: HCXXXX Name:

Phone Number:

E-Mail:

(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.

Not Applicable

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

DARS 52.204-9000, Points of Contact (Aug 2005)

Contracting Officer Name: Gloria Norwood Organization/Office Symbol: Phone No.: DITCO/PL63 E-Mail Address: gloria.r.norwood.civ@mail.mil

Contract Specialist Name: Clark B Miller Organization/Office Symbol: Phone No.: DITCO/PL63 E-Mail Address: clark.b.miller.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol: Phone No.:

E-Mail Address:

Contractor Point of Contact Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of clause)

DARS 52.237-9000, Key Personnel (Aug 2011

The personnel listed below are considered essential to the work being performed hereunder. Prior to substituting, removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer 15 working days in advance and shall submit a written request and justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract. The proposed substitution of personnel must meet or exceed the education, experience, and other technical requirements of the personnel being replaced. No change in personnel shall be made by the Contractor without the prior written consent of the Contracting Officer. However, in urgent situations, as determined or agreed to by the Contracting Officer, an oral request to substitute key personnel may be approved and subsequently ratified by the Contracting Officer in writing. Such ratification shall constitute the consent of the Contracting Officer required by this paragraph. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on the substitution(s). In the event the proposed substitution of key personnel does not meet or exceed the education, experience, and other technical requirements of the personnel being replaced, the Government reserves the right to require continued performance of previously approved key personnel or to require substitution of acceptable replacements for the individuals specified below. The key personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate.

Program Manager

Technical Lead

(End of clause)

Provisions and clauses provided by reference can be viewed on http://farsite.hill.af.mil.

Class Deviations may be viewed on http://www.acq.osd.mil/dpap/dars/class_deviations.html