Attachment_1_-_Clauses_and_Provisions.pdf

Provisions and clauses incorporated by reference.

The following provisions and clauses shall apply to this acquisition:

52.204-7 System for Award Management (Jul 2013) 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.211-6 Brand Name or Equal (Aug 1999) 52.212-1 Instructions to Offerors (April 2014) 52.212-4 Contract Terms and Conditions – Commercial Items (May 2014) 52.219-28 Post Award Small Business Program Representation (Jul 2013) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2014) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005 Representations Relating to Compensation of Former DoD Officials (Nov 2011) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7004 Alternate A, System for Award Management (Feb 2014) 252.204-7011 Alternative Line Item Structure (Sep 2011) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.243-7001 Pricing Of Contract Modifications (Dec 1991) 252.244-7000 Subcontracts for Commercial Items (Jun 2013)

Other clauses and provisions.

FAR Clauses and Provisions: The use of any FAR or DFARS clauses with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. Clauses and provisions can be accessed electronically via https://acquisition.gov/far/index.html or http://farsite.hill.af.mil/.

The clause 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition and is incorporated by reference as indicated above.

The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.

FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price: Lowest Price Technically Acceptable

(b) The Government will evaluate offers for award purposes solely on the total price for the requirement.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may https://acquisition.gov/far/index.html http://farsite.hill.af.mil/ accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Dec 2014) Alternate I (Oct 2014) applies to this acquisition and vendor(s) must include, a completed copy with its quote.

The provision can be obtained from http://www.acquisition.gov or from http://orca.bpn.gov if registered in Online Representation and Certifications Application (ORCA). A vendor shall complete only paragraph (j) of this provision if the vendor has completed the annual representations and certificates electronically at ORCA. If a vendor has not completed the annual representations and certifications at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

The clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation 2013-O0019) (Jul 2014) applies to this acquisition and is incorporated by reference here, however, the full text will be added in the ensuing contract. Clause 52.222-50, Combating Trafficking in Persons (Mar 2015) is also applicable to this acquisition.

DFARS 252.232-70006, Wide Area WorkFlow Payment Instructions, will be applicable to this requirement. All invoices shall be submitted through Wide Area Work Flow. You can register at https://wawf.ef.mil/index.html. The full text will be added in the ensuing contract.

The following provision, DFARS 252.209-7992, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law—Fiscal Year 2015 Appropriations (Deviation 2015-OO0005) (Dec 2014), is applicable to this requirement. It is hereby included as part of this Request for Quote. VENDORS MUST SUBMIT A COMPLETED COPY OF

THE PROVISION BELOW:

252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or A Felony Conviction under Any Federal Law—Fiscal Year 2015 Appropriations (Deviation 2015- OO0005) (Dec 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that— http://www.acquisition.gov/ http://orca.bpn.gov/ https://wawf.ef.mil/index.html

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

DFARS 252.203-7998 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-O0010)(FEB 2015)

(a) In accordance with section 743 of Division E, Title VIII, 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 contactors 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 or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors 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)

252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015-O0010) (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 contactors 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 perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)