II_01. COMBINED SYNOPSIS_SOLICITATION_FINAL.pdf
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- Solicitation number
- 2032H323R00014
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| II_01. Attachment 1 Price Submission Worksheet_Amendment 01.xlsx | XLSX spreadsheet | |
| Solicitation Questions and Responses_5.11.23.pdf | ||
| II_01. Attachment 2 Past Performance Reference Form.docx | DOCX document | |
| II_01. Attachment 1 Price Submission Worksheet_FINAL.xlsx | XLSX spreadsheet |
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RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 1 of 73
Table of Contents
2032H323R00014, SERIAL MANAGEMENT SERVICES
SECTION I – STATEMENT OF WORK (SOW)
1.0 BACKGROUND
2.0 SCOPE
3.0 SPECIFIC TASKS
4.0 GOVERNMENT FURNISHED EQUIPMENT AND GOVERNMENT FURNISHED
INFORMATION (GFE/GFI)
5.0 PLACE OF PERFORMANCE
6.0 INSPECTION AND ACCEPTANCE
7.0 WORK HOURS
8.0 SECURITY
9.0 SECTION 508 COMPLIANCE
SECTION II – CONTRACT ADMINISTRATION, TERMS AND CONDITIONS
1.0 AUTHORITY
DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)
2.0 TYPE OF CONTRACT
3.0 INVOICE SUBMISSION REQUIREMENTS
DTAR 1052.232-7003 Electronic Submission of Payment Requests (Apr 2015)
4.0 CONTRACT CLAUSES
FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)
Clauses Incorporated by Reference:
FAR 52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services (Dec 2022)
FAR 52.216-18 Ordering (Aug 2020)
FAR 52.216-19 Order Limitations (Oct 1995)
FAR 52.217-8 Option to Extend Services (Nov 1999)
FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)
DTAR 52.212-4 Contract Terms and Conditions-Commercial Items. (DEVIATION 2016- 00001) (Apr 2018)
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 2 of 73
DTAR 1052.210-70 Contractor Publicity (Apr 2015)
DTAR 1052.222-70 Minority and Women Inclusion (Jan 2016)
DTAR 1052.224-70 Contract Publication (Oct 2018)
DTAR 1052.232-39 Unenforceability of Unauthorized Obligations. (Jan 2016)
DTAR 1052.232-70 Commercial Supplier Agreements-Unenforceable Clauses. (Jan 2016)
IR 1052.239-9000 Section 508 Information, Documentation and Support (Dec 2019)
IR 1052.239-9001 Section 508 Conformance (Nov 2020)
IR 1052.239-9002 Section 508 Services (Jun 2022)
SECTION III –REPRESENTATIONS AND INSTRUCTIONS TO OFFEROR
1.0 REPRESENTATIONS AND CERTIFICATIONS
FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
Provisions incorporated by reference:
52.204-5 Women-Owned Business (Other Than Small Business) (Oct 2014)
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)
FAR 52.216-1 Type of Contract (Apr 1984)
FAR 52.233-2 Service of Protest (Sep 2006)
DTAR 1052.209-70 Notice and Consent to Disclose and Use of Taxpayer Return Information (Nov 2017)
2.0 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR
2.1 Communications
2.2 RFP Response Package
2.3 Proposal Organization/Distribution/Page Limits
2.4 Proposal Organization
3.0 EVALUATION FACTORS FOR AWARD
3.1 Basis for Award
3.2 Number of Contracts to be Awarded
4.0 EVALUATION FACTORS – RATINGS AND DEFINITIONS
4.1 Factor 1: Mandatory and Option Titles
4.2 Factor 2: Management Approach
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 3 of 73
4.3 Past Performance
4.4 Factor 5: Price
5.0 AWARD DECISION
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 4 of 73
2032H323R00014, SERIAL MANAGEMENT SERVICES
COMBINED SYNOPSIS/SOLICITATION
(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;
proposals are being requested and a written solicitation will not be issued.
(ii) Solicitation 2032H323R00014 is hereby issued as a request for proposal (RFP) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2023-01.
(iii) This acquisition is Unrestricted and open to all sources. The associated NAICS code is 519290.
(iv) The minimum guarantee for this acquisition is $10,000
(v) The following Contract Line Item Numbers (CLINS) are associated with this requirement:
CLIN DESCRIPTION OF SERVICES PRICE
0001 Base Period:
Services for database, online, print, and serial subscriptions.
Available to order by any Treasury Departmental Office.
1001 Option Period 1:
2001 Option Period 2:
3001 Option Period 3:
4001 Option Period 4:
(vi) The purpose of this requirement is for a Subscription Management Service to provide an opportunity for Treasury Departmental Offices to order from hundreds of titles, whether database, online, print, and/or serial subscription titles, with the convenience of one consolidated
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 5 of 73 contract. Individual Firm-Fixed Price Task Orders will be awarded against this IDIQ for specific Program Office subscriptions.
(vii) The period of performance for this acquisition is as follows:
Base Period: July 1, 2023 through June 30, 2024 Option Period 1: July 1, 2024 through June 30, 2025 Option Period 2: July 1, 2025 through June 30, 2026 Option Period 3: July 1, 2026 through June 30, 2027 Option Period 4: July 1, 2027 through June 30, 2028
Task Orders placed against the resulting IDIQ will have their own periods of performance.
(viii) Delivery of all reports and services will be made to:
U.S. Department of the Treasury Office of Privacy, Transparency, and Records (PTR)
ATTN: TBD
1500 Pennsylvania Avenue, NW Washington, DC 20220
(ix) The FOB Point is Destination.
(x) FAR Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and addenda to the provision is located in Section III, 2.0.
(xi) FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this acquisition, and the specific evaluation criteria is located in Section III, 3.0.
(xii) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services as well as all other applicable provisions within this solicitation, with its offer.
(xiii) A statement that the clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition as well as DTAR Deviation
1052.212-4 - CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS.
(ALTERNATE II) (DEVIATION 2016-00001) (APR 2018).
(xiv) FAR Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.
(xv) See the attachment for additional contract term and conditions determined necessary for this acquisition.
(xvi) The Defense Priorities and Allocation System is not applicable to this acquisition.
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 6 of 73
(xvii) Questions / Inquiries:
Questions/Inquiries concerning this Combined Synopsis/Solicitation are due via email to Angela C. Gallo at Angela.C.Gallo@irs.gov and Michelle A. Greene at Michelle.A.Greene@irs.gov by May 10, 2023, at 2:00 PM Eastern.
When submitting questions and comments, please refer to the specific text of this RFP in the following format:
Subject: RFP 2032H323R00014 Reference: RFP Section , Paragraph(s) , Page(s)
The Government may not respond to questions/inquiries received after the deadline stated above.
Questions/inquiries will not be accepted, nor answered via telephone. No other channel of communication between the vendor and an officer, employee, or agent of the Government regarding this RFP is permitted, and no information gained from any such communication may be considered in any way binding or limiting on the Government.
(xviii) Proposal Due Date/Time:
Responses to this Combined Synopsis/Solicitation shall be made electronically to Angela C.
Gallo at Angela.C.Gallo@irs.gov and Michelle A. Greene at Michelle.A.Greene@irs.gov no later than May 25, 2023 at 4:00 PM Eastern. SEE SECTION III 2.0 FOR SUBMISSION
INSTRUCTIONS.
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 7 of 73
SECTION I – STATEMENT OF WORK (SOW)
SERIAL MANAGEMENT SERVICES
1.0 BACKGROUND
The Department of Treasury is seeking an Indefinite Delivery Indefinite Quantity (IDIQ) contract award with a vendor who provides Subscription Management Services and an expansive catalog of available database, online, print, and serial subscription titles. This contract would support subscription needs for over thirty Treasury Departmental Offices, and potentially hundreds of subscription titles, both already ordered and new.
Most Treasury Program Offices require multiple miscellaneous subscriptions for mission critical research and deliverables. With this IDIQ award, up to 300 individual subscription purchase card orders and contract awards would be combined under one vehicle.
2.0 SCOPE
The purpose of this requirement is for a Subscription Management Service to provide an opportunity for Treasury Departmental Offices to order from hundreds of titles, whether database, online, print, and/or serial subscription titles, with the convenience of one contract.
Individual Firm-Fixed Price Task Orders will be awarded against this IDIQ for specific Program Office subscriptions.
At least the following subscription titles are requested*:
Access Reports - Freedom of Information 11
Bests Aggregates & Averages - Property Casualty 21
Budget and Program Newsletter
2 American Banker 12 Bests Insurance Reports - Life Health
22 Carrolls Federal Directory
3 American Bar Association Journals - Heinonline
13 Bests Insurance Reports - Property Casualty
23 Climatewire
4 American Finance Association Membership
14 Bests Review 24 Congressional Yellow Book
5 American Journal of Agricultural Economics
15 Bloomberg.com 25 Country Data Online (via International Country Risk)
6 Applied Economic Perspectives and Policy
16 Blue Chip Econometric Detail 26 CQ Magazine
7 Asia Risk 17 Blue Chip Economic Indicators
27 CQ.com
8 Banking Law Journal 18 Bluebook 28 Custody Risk
9 Barrons 19 Bond Buyer 29 cyberFEDS - Workers Compensation Library
10 Bests Aggregates & Averages - Life Health
20 Bond Buyer Thomson Financial Yearbook
30 Cyberfeds Complete Library
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31 E & E News 51 Foreign Affairs 71 Heinonline US Federal Legislative History Library
32 E & E Publication Package 52 Global Investigations Review
72 Heinonline US Presidential Library
33 E&E Services 53 GlobalSource Partners Jamaica and Bahamas
Heinonline US Statutes at Large
EBSCO: Academic Search Full Text Premier, Business Source Complete, EconLit Full Text, & Business Book Summaries
54 Greenwire 74 Heinonline US Supreme Court Library
35 Econometrics Journal 55 Harvard Business Review
75 Insiders Guide to
CBO
36 Economic Journal 56 Health Affairs (Print & Online)
76 Insiders Guide to
OMB
37 Economist – Print and Online
57 Hedge Funds Review 77 Institutional Investor News
38 Energy Risk 58 HeinOnline American Law Institute Library
78 Insurance Risk
39 Energywire 59 Heinonline Code of Federal Regulations 79
International & Non- US Law Journals - Heinonline
Environment & Energy Daily 60
Heinonline Core Plus Collection 80
International Economy
41 Environmental Finance 61 Heinonline Early American Case Law
81 International Tax Journal
42 Environmental Science 62 Heinonline English Reports
82 Iran Strategic Focus
Export Administration Regulations - NTIS 63
Heinonline European Center for Minority Issues
Journal of Computational Finance
44 Federal Daily Newsletter 64 Heinonline Federal Register
84 Journal of Credit Risk
Federal Employees Almanac - Spiral Bound 65
Heinonline Law Journal Library 85
Journal of Energy Markets
46 Federal Employees News Digest
66 Heinonline Legal Classics
86 Journal of Finance
47 Federal Personnel Guide 67 Heinonline Manual of Patent Examining Procedure
Journal of Financial Crime
48 Federal Soup 68
HeinOnline Taxation and Economic Reform in America Parts I and
II
Journal of Financial Crime Regulation and Compliance
49 Fiscal Studies 69 Heinonline United States Code 89
Journal of Financial Market Infrastructures
50 Forbes 70 Heinonline US Congressional Documents
Journal of Financial Regulation and Compliance
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91 Journal of Futures Markets 111 Municipal Market Advisors Online Services
131 Structured Products
92 Journal of Health Politics Policy and Law
112 Municipal Market Analytics Master Bundle
132 Tax Notes Federal
93 Journal of Investment Strategies
113 Municipal Outlook 133 Tax Notes International
94 Journal of Money Credit and Banking
114 Municipal Strategist 134 Tax Notes Today
Journal of Money Laundering Control 115 National Law Journal 135
TDM Journal The Transnational Dispute Management Journal
96 Journal of Operational Risk 116 Oil and Gas Journal 136 The Banker
97 Journal of Political Economy 117 Operational Risk & Regulation
137 The Bond Buyer
98 Journal of Risk 118 Pensions & Investments 138 The Chicago Manual Style
99 Journal of Risk Finance 119 Public Finance Review (Print & Online)
139 The Syria Reports
Journal of Risk Finance Incorporating Balance Sheet 120 PunchBowl News 140
Trade Finance (Print & Online)
Journal of Risk Model Validation 121 Ranking the Banks 141
Transfer Pricing Guidelines For Multi- National Enterprises
102 Journal of World Trade 122 Review of Economics and Statistics (Print & Online)
142 Transnational Dispute Management Journal
103 LatinFinance - Daily Brief (Online Print & Email)
123 Revised Statutes of Canada - Heinonline
143 Treaties and Agreements Library - Heinonline
LatinFinance - Daily Brief (Print) 124 Risk 144
UNC Press Law Publications - Heinonline
Latinsource Economic and Political Subscription Services
125 Risk Quantum 145 USA Today (Digital)
LatinSource Economic and Political Subscription Services
Risk.net Premium Package (Online & Digital) 146 Wardsauto.com
107 Leadership Connect 127 Section 504 Compliance Handbook
147 World Trade Law
Lexology Pro (Law Business Research Limited) 128 State Tax Notes 148 World Trade Online
109 Municipal Advisor 129 State Tax Today 110 Municipal Insight 130 Statista
*This IDIQ must allow for additional titles to be ordered from the vendor’s growing inventory.
3.0 SPECIFIC TASKS
• The Contractor(s) shall provide quotes for requested subscriptions within one (1) week of receiving an RFP to be considered for award.
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 10 of 73
• The Contractor(s) shall serve as a Serial Management Service, accepting all needed subscription titles annually, and ordering separately with the publishers accordingly. If new titles are needed after the initial order, the prices will be prorated to line up with the main annual Task Order(s).
• The Contractor(s) shall activate or initiate delivery of all ordered subscription services within five (5) days of receiving an awarded task order and confirm with an email to both the COR and CO that verifies the subscription(s) period of performance dates and follow-up with the COR when the service is available for use.
• The Contractor(s) shall maintain a spreadsheet of all ordered subscription titles, with period of performance dates and user lists and provide a copy to the COR quarterly.
• The Contractor(s) shall provide a dedicated Point of Contact for all customer service inquiries and issues, such as updating user access. The Contractor(s) shall notify if there is a change in the Point of Contact within one (1) business day of the change.
• The Contractor(s) shall be available to meet with the COR quarterly to discuss upcoming orders, updates, and any issues with the managed subscriptions.
• The Contractor(s) shall provide a list of publication schedules of when titles are typically ordered, to help determine when to place our orders.
4.0 GOVERNMENT FURNISHED EQUIPMENT AND GOVERNMENT
FURNISHED INFORMATION (GFE/GFI)
N/A
5.0 PLACE OF PERFORMANCE
Communication with the chosen Serial Management Service Contractor(s) will be conducted via email, phone calls, and conferences. Ordered services will be available online via the ordered Contractor websites. Various licenses will be used at workstations by the Serial Management Service to Treasury employees who work at Main Treasury and Annex buildings, and on government issued computers for employees who telework.
6.0 INSPECTION AND ACCEPTANCE
N/A
7.0 WORK HOURS
Online service is available 24 hours a day, 7 days a week.
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 11 of 73
8.0 SECURITY
Information is unclassified and does not require DD Form 250.
9.0 SECTION 508 COMPLIANCE
This service must meet industry standards to comply with 508 regulations.
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 12 of 73
SECTION II – CONTRACT ADMINISTRATION, TERMS AND CONDITIONS
SERIAL MANAGEMENT SERVICE
1.0 AUTHORITY
a. CONTRACTING OFFICER
The Contracting Officer for this action is:
MICHELLE A. GREENE
U.S. Department of the Treasury, IRS, OS:OCPO:BSA:HQ:TO:P 5000 Ellin Road, Stop C7-430 Lanham, MD 20706 E-Mail: Michelle.A.Greene@irs.gov
The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.
b. CONTRACTING OFFICER’S REPRESENTATIVE (COR)
DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)
(a) The COR is:
TBD
U.S. Department of the Treasury, D.O.
Office of Privacy, Transparency, and Records (PTR) 1500 Pennsylvania Ave. NW Washington, DC 20220 Telephone: TBD E-Mail: TBD
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:
mailto:Michelle.A.Greene@irs.gov
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(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
(End of clause)
The COR’s assignment for this contract may be changed at any time by the Government without prior notice to the Contractor. The Contractor will be notified of the change.
c. CONTRACT PROJECT MANAGER
The Contractor’s designated Project Manager for this contract is:
Name:
Address:
Phone:
E-mail:
The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost technical, hiring, and dismissal decisions, or special arrangement regarding this contract. The Project Manager shall be responsible for the overall management and
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 14 of 73 coordination of this contract and shall act as the central point of contact with the Government.
The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager or designated representative shall respond within four hours after notification of the existence of a problem.
2.0 TYPE OF CONTRACT
The Government anticipates award of a firm fixed price (FFP) IDIQ contract with FFP Task Orders resulting from this solicitation.
3.0 INVOICE SUBMISSION REQUIREMENTS
(a) Invoices shall be submitted electronically to www.ipp.gov.
(b) An electronic copy shall also simultaneously be submitted to the COR and the Contracting Officer.
(c) Submission of proper invoices shall be rendered on a percentage complete basis in an amount equal to the value of the work performed.
(d) Each invoice submitted shall be supported by appropriate documentation. Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), cost of materials used this invoice, value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.
DTAR 1052.232-7003 Electronic Submission of Payment Requests (Apr 2015)
(a) Definitions. As used in this clause -
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
http://www.ipp.gov/
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(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
4.0 CONTRACT CLAUSES
FAR 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/these address(es):
www.acquisition.gov
Clauses Incorporated by Reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
NUMBER TITLE DATE
52.203-3 Gratuities Apr 1984
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights Jun 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011
52.204-13 System for Award Management Maintenance Oct 2018
52.204-18 Commercial and Government Entity Code Maintenance Aug 2020
52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014
52.227-1 Authorization and Consent Jun 2020
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020
52.229-3 Federal, State, and Local Taxes Feb 2013 52.232-23 Assignment of Claims May 2014
52.232-40 Providing Accelerated Payments to Small Business Subcontractors Nov 2021
52.243-1 Changes - Fixed-Price Alternate I Apr 1984
The following clauses are incorporated by full text:
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FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (Dec 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.
115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
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__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.
657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved]
__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
RFP 2032H323R00014 SERIAL MANAGEMENT SERVICES 18 of 73
__ (ii) Alternate I (Mar 2020) of 52.219-13.
X (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).
X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.
793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
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X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.
8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
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X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.
chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
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__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
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__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
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Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.
115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
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(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
FAR 52.216-18 Ordering (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from July 1, 2023 through June 30, 2028.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered “issued” when -
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either -
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(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
FAR 52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of $500,000;
(2) Any order for a combination of items in excess of $800,000 or
(3) A series of orders from the same ordering office within _15_ days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _5_ days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
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 of contract expiration.
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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 at least five (5) days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 72 months or five (5) years.
DTAR 52.212-4 Contract Terms and Conditions-Commercial Items. (DEVIATION 2016- 00001) (Apr 2018)
As prescribed in 1012.301-70, when a commercial item contract is contemplated substitute, paragraphs, (s), and) for those in the basic FAR clause; and additionally, add subparagraph (e)(2) and paragraph (w) to the basic FAR clause.”
(e) Definitions.
(2) As used in this clause, "Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies
(i) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation.
(ii) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
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(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements-Unenforceable Clauses paragraphs of this clause,
(3) The clause at 52.212-5.
(4) Solicitation provisions if this is a solicitation.
(5) Other paragraphs of this clause.
(6) Addenda to this solicitation or contract, including any license agreements for computer software.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(u) Unauthorized Obligations
(1)Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i)Any such language, provision, or clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such language, provision, or clause is deemed to be stricken from the CSA. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(w) Commercial supplier agreements -unenforceable clauses. When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, "this agreement" means the CSA:
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(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government, the following shall apply:
(i) Applicability. This agreement is a part of a contract between the commercial supplier and the Government for…
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