Combined Synopsis Solicitation Amendment - N0016726Q10330002.pdf
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- Attached to
- Clemex preventative maintenance and calibration
- Solicitation number
- N0016726Q1033
About this file
This is a combined synopsis and solicitation for commercial maintenance and calibration services issued by the Naval Surface Warfare Center Carderock Division (NSWCCD).
The solicitation seeks preventative maintenance and calibration services for one Clemex brand ID 5470-MMT-X7 Dual Automated Microhardness Tester with CMT and Vision Lite V8.1 software. The requirement includes one base year and two option years of performance. The service plan comprises three components: on-site dual CMT calibration (including engineer labor and travel), ClemexCare CMT 12-month technical support with remote diagnostics and free software updates, and ClemexCare Vision Lite 12-month plan with equivalent support. The contractor must provide factory-trained service engineers authorized by Clemex Technologies Inc. to support their products. The government intends to solicit only Clemex Technologies Inc. under FAR Part 13.106-1(b) based on a determination that only one source is reasonably available. Responses are due by 9:00 AM on April 20, 2026, and should include price, FOB point, point of contact information, GSA contract number if applicable, business size, payment terms, and a clear statement of capability to meet all specifications. The NAICS code is 541330 (Engineering Services) with a Small Business Standard of $25.5M. Inspection and acceptance will occur at NSWC Carderock Division in Bethesda, Maryland, with delivery periods spanning March 13, 2026 through April 26, 2029. The contract incorporates FAR and DFARS clauses current through FAC 2022-02 and DFARS DPN 20211130. Deliverables include Equipment Inspection Reports (CDRL A001) and Calibration Inspection Reports (CDRL A002).
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This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition
Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. The Naval
Surface Warfare Center Carderock Division (NSWCCD) intends to solicit only one source under the authority of
FAR Part 13.106-1(b) the Contracting Officer has determined that circumstances of the contract action deem only one source reasonably available. The Government intends to solicit with Clemex Technologies Inc. for one (1) base and two (2) option years of preventative maintenance and calibration of a Clemex brand ID 5470 -
MMT-X7 Dual Automated Microhardness Tester in accordance with attached Performance Work Statement
(PWS). The NAICS code is 541330 and the Small Business Standard is $25.5M.
The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the
Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition
Circular FAC 2022-02 and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20211130. SEE
ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS.
Interested parties may identify their interest to this requirement by submitting a capabilities statement no later than
9:00 AM on 20 April 2026. This notice of intent is NOT a request for competitive quotes. However, all responses received by 20 April 2026 will be considered by the Government. A determination by the Government not to compete this proposed purchase order based upon responses to this notice is solely within the discretion of the
Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. All responses shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number (if applicable), business size, and payment terms. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.
Responses to this notice are due on or before 9:00 AM on 20 April 2026 by email at lametria.r.smith.civ@us.navy.mil
Point of Contact for this notice is Lametria Smith, 757-289-2667, lametria.r.smith.civ@us.navy.mil
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 11/2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
Created On: 13 Apr 2026, 21:05 PM
Greenwich Mean Time Page 2 of 39 mailto:lametria.r.smith.civ@us.navy.mil mailto:lametria.r.smith.civ@us.navy.mil
N0016726Q10330002
Section A - Solicitation/Contract Form
Clemex MMT-X7 Automated Microhardness Tester – Maintenance and Calibration
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Maintenance and Calibration Services for Clemex ID 5470 - MMT-X7 Dual Automated Microhardness Tester with CMT and Vision Lite V8.1, per Performance Work Statement
( PWS).
Pricing Arrangement: Firm Fixed Price
1 Lot
Option Line Item
Maintenance and Calibration Services for Clemex ID 5470 - MMT-X7 Dual Automated Microhardness Tester with CMT and Vision Lite V8.1, per Performance Work Statement
( PWS).
Pricing Arrangement: Firm Fixed Price
1 Lot
Option Line Item
Maintenance and Calibration Services for Clemex ID 5470 - MMT-X7 Dual Automated Microhardness Tester with CMT and Vision Lite V8.1, per Performance Work Statement
( PWS).
Pricing Arrangement: Firm Fixed Price
1 Lot
Section C - Description/Specifications/Statement of Work Performance Work Statement - Maintenance and Calibration of Clemex MMT-X7 Automated Microhardness Tester
1.0 Background and Objectives:
The Clemex MMT-X7 Dual Automated Microhardness Tester with CMT and Vision Lite V8.1 is a testing apparatus that automates the process of creating and measuring indentations to determine material hardness. The objective of this contract is to procure an on-site service agreement for maintenance and calibration for the Clemex MMT-X7 consisting of one (1) base and two (2) option years. These services are necessary to maintain the machine's capabilities and support ongoing testing programs.
2.0 Scope of Work:
The contractor shall provide a service and calibration agreement for the Clemex ID 5470 - MMT-X7 Dual Automated
Microhardness Tester (System ID: 05470). The service agreement shall include, at a minimum, one (1) On-site Dual CMT
Calibration service visit scheduled within the contract period of performance (including Engineer labor and travel), parts and their installation during the visit, and telephone/remote support for the duration of the contract.
The service plan is composed of the following components from the manufacturer:
ClemexCare CMT 12-month plan: Technical support, remote hardware problem diagnostics, and free software updates containing the latest features.
On-site Dual CMT Calibration: Includes labor and travel for the calibration visit.
ClemexCare Vision Lite 12-month plan: Technical support, remote hardware problem diagnostics, and free software updates containing the latest features.
3.0 Service Plan and Pricing:
The service and calibration plan shall be procured for a 1-Year Base and 2 - Options Year Term as detailed below:
Part No. Description -Base Year
CL-CALIB On-site Dual CMT Calibration
CL-15-1000-UK ClemexCare Vision Lite 12-month plan
CL-15-1012 ClemexCare CMT 12-month plan
Part No. Description- Option Year 1
CL-CALIB On-site Dual CMT Calibration
CL-15-1000-UK ClemexCare Vision Lite 12-month plan
CL-15-1012 ClemexCare CMT 12-month plan
4.0 Special Qualifications:
The contractor shall provide factory-trained Service Engineer(s) to perform the contracted services. The Service Engineer
(s) shall be authorized by the original equipment manufacturer (Clemex Technologies Inc.) to support Clemex products.
5.0 GOVERNMENT FURNISHED EQUIPMENT/PROPERTY/INFORMATION: N/A
6.0 DELIVERABLES:
6.1 The contractor shall provide deliverables as described in the PWS/SOW and CDRLs. Format and delivery schedule for deliverables will be outlined in the CDRLs.
6.2 Reference CDRL A002, DD Form 1423, the contractor will deliver certification inspection reports for each of the serviced pieces.
8.0 Performance and Delivery:
The date of the service will be coordinated by the NSWCCD with the contractor.
9.0 Security Requirements: All requirements of this contract are UNCLASSIFIED
Requirements
The Naval Surface Warfare Center Carderock Division (NSWCCD) is requesting one (1) base and two (2) option years of preventative maintenance and calibration of a Clemex brand ID 5470 - MMT-X7 Dual
Automated Microhardness Tester with CMT and Vision Lite V8.1, in accordance with attached Performance
Work Statement (PWS)
Additional Regulation or Supplemental Clauses Incorporated by Full Text
Part No. Description- Option year 2
CL-CALIB On-site Dual CMT Calibration
CL-15-1000-UK ClemexCare Vision Lite 12-month plan
CL-15-1012 ClemexCare CMT 12-month plan
Number Name
A001 Equipment Inspection Report
A002 Calibration Inspection Report
C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019) (Jan 2019)
Approval by the Government as required under this contract and applicable specifications shall not relieve the Contractor of its obligation to comply with the specifications and with all other requirements of the contract, nor shall it impose upon the
Government any liability it would not have had in the absence of such approval.
(End of Text)
C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018) (Oct 2018)
The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) CDRLA001, CDRLA002, DI-QCIC-80798C, DI-MGMT-80995A, attached hereto
(End of Text)
Section D - Packaging and Marking
SOFTWARE LANGUAGE
No terms will be incorporated into any price quote and/or order accepted by the Government unless otherwise agreed to by all parties in writing. Any and all terms and conditions contained in any price quote and/or order that violate any Federal laws, statutes, and regulations, including but not limited to, the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) are void and will have no effect. The applicable Federal laws, statutes, and regulations, including, but not limited to, the FAR and DFARS will govern instead.
Section E - Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Section F - Deliveries or Performance
Overall Contract Delivery Period
Contractor
Destination
Inspection and Acceptance Location
Both Destination Instructions: Government designated POC responsible for receipt, inspection and acceptance of all requested products /services.
DoDAAC: N00167 CountryCode: USA
NSWC CARDEROCK
CARDEROCK DIVISION, 9500 MACARTHUR BOULEVARD
BETHESDA, MD 20817-5700
UNITED STATES
TBD, TPOC
Email: TBD Telephone: TBD
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Government designated POC responsible for receipt, inspection and acceptance of all requested products /services.
DoDAAC: N00167 CountryCode: USA
NSWC CARDEROCK
CARDEROCK DIVISION, 9500 MACARTHUR BOULEVARD
BETHESDA, MD 20817-5700
UNITED STATES
TBD, TPOC
Email: TBD Telephone: TBD
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Government designated POC responsible for receipt, inspection and acceptance of all requested products /services.
DoDAAC: N00167 CountryCode: USA
NSWC CARDEROCK
CARDEROCK DIVISION, 9500 MACARTHUR BOULEVARD
BETHESDA, MD 20817-5700
UNITED STATES
TBD, TPOC
Email: TBD Telephone: TBD
Line Item Delivery Schedule Quantity Address and POC
Delivery Period From 13 Mar 2026 to 12 Mar
Period of Performance From 27 Apr 2026 To 26 Apr 2027
Lot 1 Ship To DoDAAC: N00167 CountryCode: USA
NSWC CARDEROCK
CARDEROCK DIVISION BLDG 9, 9500 MACARTHUR
BOULEVARD
BETHESDA, MD 20817-5700
UNITED STATES
TBD, TPOC
Email: TBD Telephone: TBD
Option Line Item
Delivery Period From 13 Mar 2027 to 12 Mar
Period of Performance From
2027 Apr 27 To
2028 Apr 26
1 Lot Ship To DoDAAC: N00167 CountryCode: USA
NSWC CARDEROCK
CARDEROCK DIVISION BLDG 9, 9500 MACARTHUR
BOULEVARD
BETHESDA, MD 20817-5700
UNITED STATES
TBD, TPOC
Email: TBD Telephone: TBD
Option Line Item
Delivery Period From 13 Mar 2028 to 12 Mar
Period of Performance From
2028 27 Apr
Lot 1 Ship To DoDAAC: N00167 CountryCode: USA
NSWC CARDEROCK
CARDEROCK DIVISION BLDG 9, 9500 MACARTHUR
BOULEVARD
BETHESDA, MD 20817-5700
UNITED STATES
TBD, TPOC
Email: TBD Telephone: TBD
To 26 Apr 2029
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Alternate/
Date Deviation
Variation
Effective
Date
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
DFARS Clauses Incorporated by Full Text
Dec 2018
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in
WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting
Officer.
Invoice and Receiving Report (COMBO)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice and Receiving Report (COMBO)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(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*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC N62825
Issue By DoDAAC N00167
Admin DoDAAC N00167
Inspect By DoDAAC N00167
Ship To Code N00167
Ship From Code TBD
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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.
usn.ncr.sea-01.mbx.wawf-hq-functional-mail-box@us.navy.mil
Technical questions: TBD at contract award
Invoice questions: TBD at contract award
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Additional Regulation or Supplemental Clauses Incorporated by Full Text
SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN
G-232-H005 (Jan 2019)
2019)
(a) For other than firm fixed priced contract line item numbers (CLINs), the Contractor agrees to segregate costs incurred under this contract/task order (TO), as applicable, at the lowest level of performance, either at the sub line item number (SLIN) or CLIN level, rather than at the total contract/TO level, and to submit invoices reflecting costs incurred at that level.
Supporting documentation in Wide Area Workflow (WAWF) for invoices shall include summaries of work charged during the period covered as well as overall cumulative summaries by individual labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost break down of other direct costs (ODCs), materials, and travel, by technical instruction
(TI), SLIN, or CLIN level. For other than firm fixed price subcontracts, subcontractors are also required to provide labor categories, rates, and hours (both straight time and overtime) invoiced; as well as, a cost breakdown of ODCs, materials, and travel invoiced. Supporting documentation may be encrypted before submission to the prime contractor for WAWF invoice submittal. Subcontractors may email encryption code information directly to the Contracting Officer and Contracting Officer
Representative (COR). Shouldthe subcontractor lack encryption capability, the subcontractor may also email detailed supporting cost information directly to the Contracting Officer and COR; or other method as agreed to by the Contracting
Officer.
(b) Contractors submitting payment requests and receiving reports to WAWF using either Electronic Data Interchange
(EDI) or Secure File Transfer Protocol (SFTP) shall separately send an email notification to the COR and Contracting Officer on the same date they submit the invoice in WAWF. No payments shall be due if the contractor does not provide the COR and
Contracting Officer email notification as required herein.
(End of Text)
G-232-H002 H002 PAYMENT INSTRUCTIONS (NAVSEA) (FEB 2024) (Feb 2024)
Payment office allocation methods can be found in the table at DFARS PGI 204.7108(b)(2) (https://www.acq.osd.mil/dpap
/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions).
Other DoDAAC(s) ____
(End of text)
GOVERNMENT CONTRACTADMINISTRATION POINTS-OF-CONTACT AND
G-242-H001 (Oct 2023)
RESPONSIBILITIES (NAVSEA) (OCT 2023)
(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.
(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.
(c) The points of contact are as follows:
(i) The Procuring Contracting Officer (PCO) is:
Name: Barbaraann Witz
Address: 904 Corporate Lane, Chesapeake, VA 23220
Phone: 757-410-0188
E-mail: barbaraann.k.witz.civ@us.navy.mil
(ii) The Contract Specialist is:
Name: Lametria Smith
Address: 904 Corporate Lane, Chesapeake, VA 23220
Phone: 757-289-2667
E-mail: lametria.r.smith.civ@us.navy.mil
(d) The Technical Point of Contact (TPOC) is the contracting officer's representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of
Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment
(GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.
The Technical Point of Contact (TPOC) is:
Name: [ * ]
Address: [ *Street ]
[ *City, State, Zip ]
Phone: (Area Code) xxx- [xxxx]
E-mail: [ * ]
(e) The Alternate Technical Point of Contact (ATPOC) is responsible for TPOC responsibilities and functions in the event that the TPOC is unavailable due to leave, illness, or other official business.
The Alternate Technical Point of Contact (ATPOC) is:
Name: [ * ]
Address:
[ *City, State, Zip ]
Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
(f) The Contractor's point of contact for performance under this contract is:
Name: [ * ]
Address:
[ *Street ]
[ *City, State, Zip ]
Phone: (Area Code) xxx- [xxxx] E-mail: [ * ]
[ * ] To be completed at contract award
(End of Text)
Section H - Special Contract Requirements
Section I - Contract Clauses FAR Clauses Incorporated by Reference
Variation
Effective Alternate/
Number Title Effective
Date Deviation
Date
52.204-9 Personal Identity Verification of Contractor Personnel. Jan 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
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023
52.222-41 Service Contract Labor Standards. Aug 2018
52.223-5 Pollution Prevention and Right-to-Know Information. May 2024
52.223-10 Waste Reduction Program. May 2024
52.223-23 Sustainable Products and Services. May 2024
52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984
52.245-1 Government Property. Sep 2021
52.245-9 Use and Charges. Apr 2012
DFARS Clauses Incorporated by Reference
Variation
Effective Alternate/
Number Title Effective
Date Deviation
Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022
252.204-7003 Control of Government Personnel Work Product. Apr 1992
Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident
252.204-7009 Jan 2023
Information.
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or
252.204-7018 Jan 2023
Services.
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023
252.204-7022 Expediting Contract Closeout. May 2021
Subcontracting with Firms that are Owned or Controlled by the Government of a
252.209-7004 May 2019
Country that is a State Sponsor of Terrorism.
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014
252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023
252.225-7048 Export-Controlled Items. Jun 2013
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023
252.232-7010 Levies on Contract Payments. Dec 2006
252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023
252.239-7001 Information Assurance Contractor Training and Certification. Jan 2008
252.239-7018 Supply Chain Risk. Dec 2022
252.243-7001 Pricing of Contract Modifications. Dec 1991
252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023
252.245-7003 Contractor Property Management System Administration Jan 2025
252.245-7005 Management and Reporting of Government Property. Jan 2024
252.246-7008 Sources of Electronic Parts. Jan 2023
252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
Contract Terms and Conditions Required to Implement Statutes or 52.212-5 Executive Orders - Commercial Products and
Commercial Services. (Jan 2025) Deviation 2025-O0004 (Mar 2025) (DEVIATION 2025-O0003 and 2025-O0004)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 2025)
(DEVIATION 2025-O0003 and 2025-O0004)
(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 Covered Entities (Dec
2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 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. 1115).
(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (6) [Reserved].
[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
X (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and
Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (ii) Alternate I (Dec 2023) of 52.204-30.
[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or
Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved].
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (16) 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).
[ ] (17) [Reserved]
(18) (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.
[ ] (19)
(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.
[ ] (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)(15 U.S.C. 637(d)(2) and (3)).
[ ] (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (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 (Jan 2025) of 52.219-9.
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[ ] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible
Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
[ ] (26)
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-28.
[ ] (27) 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)).
[ ] (28) 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)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
X (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025)(E.O. 13126).
[ ] (33) [Reserved]
[ ] (34) [Reserved]
(35)(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 (36)(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.
[ ] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (39)
(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).
[ ] (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (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.)
[ ] (41)
(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.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (46) 52.223-23, Sustainable Products and Services (MAR 2025) (DEVIATION 2025-O0004)) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (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 (NOV 2023) (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 (Jan 2025) of 52.225-3.
[ ] (iv) Alternate III (Feb 2024) of 52.225-3.
[ ] (v) Alternate IV (Oct 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (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 (Nov 2007) (42 U.S.C. 5150).
X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (57) 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).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities
(Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
[ ] (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (65)
(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.]
[ ] (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) ( 29U.S.C.206 and 41 U.S.
C. chapter 67).
[ ] (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).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[ ] (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).
[ ] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118
(g)).
(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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec
2023) (Section 1634 of Pub. L. 115-91).
(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (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. (ix)
[Reserved]
(x) [Reserved]
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
X(xvi)(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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign
Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 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.
(End of clause)
52.217-8 Option to Extend Services. (Nov 1999)
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 1 day of expiration.
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
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 1; provided that the Government gives the
Contractor a preliminary written notice of its intent to extend at least 10 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 3 years.
(End of clause)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
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):
https://www.ecfr.gov/current/title-48
(End of clause)
52.252-6 Authorized Deviations in Clauses. (Nov 2020)
Authorized Deviations in Clauses (Nov 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
Section J - List of Attachments
Section K - Representations, Certification, & Other Statements FAR Clauses Incorporated by Reference
Variation
Effective Alternate/
Number Title Effective
Date Deviation
Date
Representation Regarding Certain Telecommunications and Video Surveillance Services
52.204-24 Nov 2021 or Equipment.
52.204-26 Covered Telecommunications Equipment or Services-Representation. Oct 2020
52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. Jun 2020
FAR Clauses Incorporated by Full Text
52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. (Dec 2023)
FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-REPRESENTATION AND DISCLOSURES (DEC 2023)
(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act
(FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(c) Procedures.
(1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR
52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.
(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).
(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.
(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).
(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:
(1) Name of the product or service provided to the Government;
(2) Name of the covered article or source subject to a FASCSA order;
(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;
(4) Brand;
(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);(6) Item description;
(7) Reason why the applicable covered article or the product or service is being provided or used;
(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.
(End of provision)
Offeror Representations and Certifications-Commercial Products and Commercial
52.212-3 (May 2024)
Services.
Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision-
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB
Program.
Forced or indentured child labor means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any…
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