Addendum_1.doc

RFP Number: N00173-16-R-WR02 Addendum 1

Addenda to Combined Synopsis/Solicitation N00173-16-R-WR02

ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS

REQUIREMENTS FOR ON-SITE CONTRACTORS

For those portions of the work under this contract performed at any NRL site, the contractor shall comply with the Requirements for On-Site Contractors dated 8 December 2009 which are hereby incorporated by reference. The full text is available at http://heron.nrl.navy.mil/contracts/15onsite.htm

Pursuant to DFARS 211.106 contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

52.217-5 Evaluation of Options (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

52.217-7 Option for Increased Quantity—Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any time before expiration of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

ADDENDA TO FAR 52.212-3 REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

252.203-7005 - Representation Relating to Compensation of Former DoD Officials. (NOV 2011)

{As prescribed in 203.171-4(b), use in all solicitations,including solicitations for task and delivery orders.}

252.203-7998 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements – Representation (DEVIATION 2015-O0010) (FEB 2015) use in all solicitations including far part 12.

As prescribed at 215.371-6), USE IN COMPETITVE SOLICITATIONS ABOVE THE SAT that will be solicited for fewer than 30 days, unless exceptions at 215.371-4 apply:

252.215-7008 – Only One Offer (OCT 2013)

As prescribed at 215.408(4), USE IN ALL COMPETITVE SOLICITATIONS unless exception at 215.371-4(a) applies:

252.222-7007 - Representation Regarding Combating Trafficking in Persons (JAN 2015)

As prescribed in 212.301(f)(vii), use in all solicitations with a value expected to exceed the simplified acquisition threshold

252.225-7050 - Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (DEC 2014)

As prescribed in 209.104-70(a), use in all solicitations expected to result in contracts of $150,000 or more. Any disclosure that the government of a terrorist country has a significant interest in an offeror or a subsidiary of an offeror shall be forwarded through agency channels to the address at 209.104-1(g)(i)(c).

252.239-7017 - Notice of Supply Chain Risk (NOV 2013) (Section 806(e)(6) of Pub. L. 111-383).

{As prescribed in 239.7306., use in all contracts incl far 12, that involve development or delivery of information technology as a service or supply.}

252.247-7026 - Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)

As prescribed in 247.574(e) in solicitations that require a covered vessel for carriage of cargo for DoD. See 247.573-3 for reporting of the information received from offerors in response to the provision. See 247.573-2(c)(3) for the required evaluation criterion.

ADDENDA TO FAR 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

52.203-3, Gratuites (APR 1984) (10 USC 2207).

{use in solicitations and contracts with a value exceeding the SAT except personal services}

{use in solicitations and contracts with a value exceeding the SAT}

52.203-12, Limitation on Payments To Influence Certain Federal Transactions (OCT 2010)

{use in solicitations and contracts with a value exceeding the SAT}

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

As prescribed in 4.303, use in solicitations and contracts that exceed the simplified acquisition threshold

52.204-7-System for Award Management (JUL 2013)

As prescribed in 4.1105(a)(1), use in solicitations.

As prescribed in 8.1104(d), Insert a clause substantially the same as this in solicitations and contracts for leasing of motor vehicles, unless the motor vehicles are leased in foreign countries over 60 days (see Subpart B of 41 CFR part 102-34).}

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (APR 2008)

As prescribed in 11.604(a), use this provision in solicitations when the contract to be awarded will be a rated order 52.211-15, Defense priority and Allocation Requirements (APR 2008)

{As prescribed in 11.604(b), use in contracts that are rated orders.}

As prescribed in 16.506(f), use the provision in solicitations for indefinite-quantity contracts that may result in multiple contract awards. Modify the provision to specify the estimated number of awards. Do not use this provision for advisory and assistance services contracts that exceed 3 years and $12.5 million (including all options

{use in all solicitations and contracts when design, development or operation of a system of records on individuals is required}

52.227-1, Authorization and Consent (DEC 2007)

{use in all solicitations and contracts except optional when using sap andprohibited when performance/delivery is oconus}

52.227-2, Notice and Assistance Regarding Patent and Copywrite Infringement (DEC 2007)

{use in solicitations and contracts THAT INCLUDE 52.227-1}

{37.110 : use insolicitations and contracts for services when services are considered vital and must be continued without interruption and government anticipates difficulties during hte transition fron one contractor to another}

52.242-13, Bankruptcy (JUL 1995)

{use in solicitations and contracts with a value exceeding the SAT}

52.242-15, Stop-Work Order (AUG 1989)

{use when contracting by negotiations, in solicitations and contracts for supplies,sevices, r&d}

52.243-1, Changes – Fixed Price (AUG 1987)

{43.205use in solicitations and contracts when a fixed price contract for supplies is contemplated,insert alt i for services and no supplies, alt II for services and supplies will be furnished, alt iii for a&E or professional services, alt iv for transportation services and alt v for R&D}

{use in solicitations and contracts when a T&M or labor hour contract contemplated}

52.245-1, Government Property (APR 2012)

{As prescribed in 45.107 (a) (iii), insert in fixed price solicitations and contracts where government will provide gfp and in contracts or modifications awarded under FAR Part 12 procedures where govt property that exceeds the SAT is furnished or where contractor is directed to acquire property for use under the contract titled in the govt.}

Alternate II (APR 2012)

{USE IF HIGHER EDUCTION INSTITUTIONOR NONPROFIT.}

52.245-9, Use and Charges (APR 2012)

{USE IF 52.249-1 INCLUDED.}

52.247-34, FOB Destination (NOV 1991)

{IF CONTRACT DELIVERY IS FOB DESTINATION.}

52.253.1, Computer Generated Forms (JAN 1991) {all.}

252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of PL 110-181). )

{ALL.}

252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013) 252.203-7003, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

{As prescribed in 203.970, use in all solicitations and contracts.}

{As prescribed in 203.1004(a), use in solicitations and contracts that include the FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct.}

252.203-7999, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements

(DEVIATION 2015-O0010)(FEB 2015)

252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (DEC 2015)

252.204-7011, Alternative Line Item Structure (SEP 2011) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2015)

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)

{use in all solicitations and contracts.}

{As prescribed in 205.470, use in solicitations and contracts expected to exceed $1M.}

252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country (DEC 2014).

252.211-7003, Item Unique Identification and Valuation (MAR 2016) {use in solicitations and contracts expected to exceed the sat.}

{As prescribed in 205.470, use in solicitations and contracts that will require shipment of items meeting criteria at 211.275-2 – complete paragraph (b)(1)(ii) of the clause}

252.211-7007, Reporting of Government Furnished Equipment in the DoD Item Unique Identification (IUID) Registry (AUG 2012)

252.211-7008, Use of Government-Assigned Serial Numbers (SEP 2010)

252.219-7003, Small Business Subcontracting Plan (MAR 2016)

252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2014)

252.222-7007, Representation Regarding Combating Trafficking in Persons (JAN 2015) {use in solicitations and contracts that include FAR 52.245-1.}

{As prescribed in 219.708(b)(1)(A), use in solicitations and contracts instead of the clauses at 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), and FAR 52.219-9, Small Business Subcontracting Plan}

252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

{As prescribed in 223.7306, use for supplies, maintenance and repair services or construction}

{use in solicitations and contracts that (i) Exceed the simplified acquisition threshold; and (ii) Require delivery of any of the following items, or components of the following items, if such items or components contain specialty metal: (A) Aircraft, (B) missile or space systems, (v) ships, (d) tank or automotive items, (E) weapon systems, (F) ammunition.}

252.225-7012, Preference for Certain Domestic Commodities (FEB 2013) (10 USC2533a).

{As prescribed in 225.7002-3(a), use in solicitations and contracts exceeding SAT}

252.225-7021, Trade Agreements (NOV 2014) (19 USC 2501-2518 and 19 USC 3301 note).

252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) {As prescribed in 225.1101(6)(i), use the clause instead of 52.225-5 if the acquisition is of end products listed at 225.401-70, the value of the acquisition equals or exceeds $204,000, and none of the exceptions at 25.401(a) applies and are not of end products in support of operations in afghanistan or include 252.225-7024.}

{ As prescribed in 226.104, use in solicitations and contracts for supplies or services exceeding $500K}

252.227-7015, Technical Data--Commercial Items (FEB 2014) (10 USC 2320).

{As prescribed in 227.7103-6(a), use in solicitations and contracts when the contractor will be required to deliver technical data pertaining to commercial items}

252.227-7037, Validation of Restrictive Markings on Technical Data (JUN 2013) (10 USC 2321).

{As prescribed in 227.7102-3(c), 227.7103-6(e)(3), 227.7104(e)(5), or 227.7203-6(f), use in all solicitations and contracts for commercial items that include 252.227-7015 or 252.227-7013}

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) (10 USC 2227)

252.232-7006, Wide Area WorkFlow Payment Instructions (MAY 2013) {As prescribed in 232.7004, Use in all solicitations and contracts, except classified ktrs, military ops, 6.302-2 and not feasible, etc see 232.7002(a)(1).} as prescribed in 232.1110, use in solicitations, contracts, and agreements when, Payment by Governmentwide commercial purchase card is required.}

252.232-7010, Levies on Contract Payments (DEC 2006)

{As prescribed in 232.7102, use in all solicitations and contracts.}

{As prescribed in 239.9903., use in all contracts that may involve cloud computing services.}

252.243-7002, Requests for Equitable Adjustment (DEC 2012) (10 USC 2410).

252.245-7001, Tagging, Labeling and Marking of Government-Furnished Property (APR 2012)

252.245-7002, Reporting Loss of Government Property (Apr 2012)

252.245-7003, Contractor Property Management System Administration (APR 2012)

252.245-7004, Reporting, Reutilization, and Disposal (MAR 2015)

{As prescribed in 243205., use in all solicitations and contracts over the sat.}

{As prescribed in 243.205-71, use in solicitations with 252.246-7007 but do not contain 52.244-2.}

252.246-7003, Notification of Potential Safety Issues (Jun 2013)

{ As prescribed in 246.371(a), use in solicitations and contracts for the acquisition of repairable or consumable parts identified as critical safety items; systems and subsystems or repair, maintenance, logistics or overhaul services for systems or subsystems and part integral to a system}

252.246-7007, Contractor Counterfeit Electronic Part Detection And Avoidance System (MAY 2014) (Section 818 of PL 112-81).

{As prescribed in 246.870-3 use in all solicitations and contracts when procuring electronic parts, end items, components containing electronic parts or services where contract will supply those items.}

{As prescribed in 247.207, use in solicitations and contracts for carriage in which a motor carrier, broker, or freight forwarder will provide or arrange truck transportation services that provide for a fuel-related adjustment.}

252.247-7023, Transportation of Supplies by Sea (APR 2014) (10 USC 2631)

{As prescribed in 247.574(b)(1), use in all solicitations and contracts except for direct purchase of ocean transportation services unless supplies are shipped in direct support of us military contingency ops, exercises or foces deployed or commissary or exchange cargoes }

(as prescribed in 247.574(b)(3), Use in other than construction if any supplies are commercial that are commissary or exchange services items}

252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 USC 2631).

{ As prescribed in 247.574(c), use in all contracts for which the offeror made a negative response to the inquiry at 252.247-7022.}

ADDENDA TO FAR 52.212-5–CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS

Paragraph (b){LIST those that apply and include clause number, TITLE, AND DATE, THIS CLAUSE CANNOT BE TAILORED. once you determine if a clause applies delete the box. if a clause does not apply, delete the box and clause..}.

Alternate I (MAR 2015) of 52.222-50 (22 USC 7104(g)).

{IF PERFORMANCE IS OUTSIDE THE UNITED STATESand the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance}

FORMCHECKBOX

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 USC 4704 and 10 USC 2402).

FORMCHECKBOX

{use in solicitations and contracts for acquisitions that are over the sat with alt i}

FORMCHECKBOX

(2)

52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

{all}

FORMCHECKBOX

(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).

FORMCHECKBOX

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (PL 109-282) (31 USC 6101 note).

{use in solicitations and contracts for acquisitions that are over $25K except classified contracts}

FORMCHECKBOX

(5) [Reserved]

{RESERVED}

FORMCHECKBOX

(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014)(Pub.L. 111-117, section 743 of Div C).

{not required for actions entirely funded by dod, contracts awarded with a generic duns number or in classified contracts}

FORMCHECKBOX

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)(Pub.L. 111-117, section 743 of Div C).

{not required for actions entirely funded by dod, contracts awarded with a generic duns number or in classified contracts}

FORMCHECKBOX

(8) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 USC 6101 note).

{use in solicitations and contracts that are over $30K}

FORMCHECKBOX

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 USC 2313).

{use in solicitations and contracts for acquisitions that are over $500K and offeror has “checked” 52.209-7}

FORMCHECKBOX

(10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

{use in each solicitation and contract for the acquisition of products or services (including construction).}

FORMCHECKBOX

(11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 USC 657a).

{use in solicitations and contracts that are set aside or awarded on a sole source basis to hubzone small business concerns including multiple award contracts when orders may be set aside for hubzone}

FORMCHECKBOX

(ii) Alternate I (NOV 2011) of 52.219-3

{use in solicitations and contracts for acquisitions that are set aside, or reserved for, or awarded on a sole source basis to, HUBZone small business concerns under 19.1305 or 19.1306}

FORMCHECKBOX

(12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 USC 657a).

{use in solicitations and contracts for acquisitions conducted using full and open competition}

FORMCHECKBOX

(ii) Alternate I (NOV 2011) of 52.219-4

{As prescribed in 19.1309(b), applies if 50% requirement is waived}

FORMCHECKBOX

(13) [Reserved]

FORMCHECKBOX

(14)

(i) 52.219-6, Notice of Total Small Business Aside (NOV 2011) (15 USC 644).

{As prescribed in 19.508(c), use in soliciations and contracts involving total small business set-asides or reserves; includes multiple awd contracts when orders may be set aside}

FORMCHECKBOX

(ii) Alternate I (NOV 2011).

{ As prescribed in 19.508(c), use when the acquisition is for a product in a class for which the Small Business Administration has waived the nonmanufacturer rule (see 19.102(f)(4) and (5))}

FORMCHECKBOX

(iii) Alternate II (NOV 2011).

{As prescribed in 19.508(c), use when including FPI IS INCLUDED in the competition in accordance with 19.504.}

FORMCHECKBOX

(15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 USC 644).

{As prescribed in 19.508(d), use in solicitations and contracts involving partial small business set-asides. This includes part or parts of multiple-award contracts, including those described in 38.101}

FORMCHECKBOX

(ii) Alternate I (OCT 1995) of 52.219-7.

{ When the acquisition is for a product in a class for which the Sba has waived the nonmanufacturer rule}

FORMCHECKBOX

(iii) Alternate II (MAR 2004) of 52.219-7.

{ As prescribed in 19.508(d), when including FPI in the competition in accordance with 19.504}

FORMCHECKBOX

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 USC 637(d)(2) and (3)).

{ As prescribed in 19.708(b), use in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless - (1) A personal services contract is contemplated (see 37.104); Or (2) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas }

FORMCHECKBOX

(17)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 USC 637 (d)(4).)

{ As prescribed in 19.708(b), use in solicitations and contracts that offer subcontracting possibilities, are expected to exceed $650,000 ($1.5 million for construction of any public facility), and are required to include the clause at 52.219-8, Utilization of Small Business Concerns, unless the acquisition is set aside or is to be accomplished under the 8(a) program. }

FORMCHECKBOX

(ii) Alternate I (OCT 2001) of 52.219-9.

{ As prescribed in 19.708(b)(i), use When contracting by sealed bidding rather than by negotiation}

FORMCHECKBOX

(iii) Alternate II (OCT 2001) of 52.219-9.

{ As prescribed in 19.708(b)(ii), use When Contracting by negotiation, and subcontracting plans are required with initial proposals as provided for in 19.705-2(d)}

FORMCHECKBOX

(iv) Alternate III (OCT 2014) of 52.219-9.

{As prescribed in 19.708(b)(iii), use when The contract action will not be reported in the Federal Procurement Data System pursuant to 4.606(c)(5)}

FORMCHECKBOX

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 USC 644(r)).

FORMCHECKBOX

(19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 USC 637(a)(14)).

{As prescribed in 19.508(e), use in solicitations and contracts for supplies, services, and construction, if any portion of the requirement is to be set aside or reserved for small business and the contract amount is expected to exceed $150,000. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.405-5 and 16.505(b)(2)(i)(F).}

FORMCHECKBOX

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 USC 637(d)(4)(F)(i)).

{As prescribed in 19.708(b)(2), use in all solicitations and contracts containing the clause at 52.219-9, Small Business Subcontracting Plan, or the clause with its Alternate I or II.}

FORMCHECKBOX

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 USC 657f).

{As prescribed in 19.1407, use in solicitations and contracts for acquisitions that are set aside or reserved for, or awarded on a sole source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F).}

FORMCHECKBOX

(22) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2014) (15 USC 632(a)(2)).

{As prescribed in 19.309, use in solicitations and contracts exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas.}

FORMCHECKBOX

(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Jul 2013) (15.USC 637(m)).

{As prescribed in 19.1506, use in solicitations and contracts for acquisitions that are set aside or reserved for economically disadvantaged women-owned small business (EDWOSB) concerns under 19.1505(b). This includes multiple-award contracts when orders may be set aside for EDWOSB concerns as described in 8.405-5 and 16.505(b)(2)(i)(F).}

FORMCHECKBOX

(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Jul 2013).

{ As prescribed in 19.1506, use in solicitations and contracts for acquisitions that are set aside or reserved for women-owned small business (WOSB) concerns under 19.1505(c). This includes multiple-award contracts when orders may be set aside for WOSB concerns eligible under the WOSB program as described in 8.405-5 and 16.505(b)(2)(i)(F). }

FORMCHECKBOX

(25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

{ As prescribed in 22.202, use in solicitations and contracts above the micro-purchase threshold, when the contract is to be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless: (a) The contract will be subject to Contracts for materials, supplies, articles and equipment exceeding $15,000 (see Subpart 22.6), which contains a separate prohibition against the employment of convict labor; (b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see Subpart 8.6); or (c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.}

FORMCHECKBOX

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

{As prescribed in 22.1505(b), use in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase thresholds.}

FORMCHECKBOX

(27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

{ As prescribed in 22.810(a)(1), use When a contract is contemplated that will include the clause at 52.222-26.}

FORMCHECKBOX

(28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

{As prescribed in 22.810(e), use in solicitations and contracts (see 22.802) unless the contract is exempt from the requirements of E.O. 11246 (see 22.807(a)).}

FORMCHECKBOX

(29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 USC 4212).

{ As prescribed in 22.1310(a)(1), use in solicitations and contracts if the expected value is $100,000 or more, except when: (i) Work is performed outside the United States by employees recruited outside the United States; or (ii) The Director, Office of Federal Contract Compliance Programs, has waived, in accordance with 22.1305 (a) or the head of the agency has waived, in accordance with 22.1305 (b) all of the terms of the clause}

FORMCHECKBOX

(30) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 USC 793).

{ As prescribed in 22.1408(a), use in solicitations and contracts that exceed or are expected to exceed $15,000, except when: (1) Both performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island; or (2) The agency head has waived, in accordance with 22.1403(a) or 22.1403(b) all the terms of the clause.}

FORMCHECKBOX

(31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 USC 4212).

{ As prescribed in 22.1310(b), use in solicitations and contracts containing the clause at 52.222-35.}

FORMCHECKBOX

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

{As prescribed in 19.508(f), in all except if (1) Under the simplified acquisition threshold; (2) For work performed exclusively outside the United States; or (3) Covered (in their entirety) by an exemption granted by the Secretary.}

FORMCHECKBOX

(33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

{As prescribed in 22.1803, use in all solicitations and contracts that exceed the simplified acquisition threshold, except those that (a) Are only for work that will be performed outside the United States; (b) Are for a period of performance of less than 120 days; or (c) Are only for (1) Commercially available off-the-shelf items; (2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of the definition of “commercial item” at 2.101); (3) Items that would be COTS items if they were not bulk cargo; or (4) Commercial services that are: (i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications); (ii) Performed by the COTS provider; and (iii) Are normally provided for that COTS item. }

FORMCHECKBOX

(34)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 USC 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

{ As prescribed in 23.406(d), use in solicitations and contracts exceeding $150,000 that are for, or specify the use of, EPA-designated products containing recovered materials. in solicitations and contracts to notify offerors if an order or orders are to be set aside for any of the small business concerns identified in 19.000(a)(3), Except for the acquisition of commercially available off-the-shelf items, }

FORMCHECKBOX

(ii) Alternate I (MAY 2008) of 52.223-9 (42 USC 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

{ As prescribed in 23.406(d), If technical personnel advise that estimates can be verified, use the clause with its Alternate I.}

FORMCHECKBOX

(35) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

{ As prescribed in 23.705, use in solicitations and contracts when imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printer, anmd scanners) will be delivered, acquired by the contractor for use in performing services at a federal controlled facility or furnished by the contractor for use by the government. }

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(ii)

Alternate I (June 2014) of 52.223-13 { when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs. }

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(36) 52.223-14, Acquisition of EPEAT® -Registered Televisions (Jun 2014) (E.O.s 13423 and 13514

{ As prescribed in 23.705, use in solicitations and contracts when TELEVISions will be delivered, acquired by the contractor for use in performing services at a federal controlled facility or furnished by the contractor for use by the government. }

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(ii)

Alternate I (June 2014) of 52.223-14 { when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs. }

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(37) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 USC 8259b).

{ As prescribed in 23.206, use in solicitations and contracts when energy-consuming products listed in the ENERGY STAR® Program or FEMP will be (a) Delivered; (b) Acquired by the contractor for use in performing services at a Federally-controlled facility; (c) furnished by the contractor for use by the government; or (d) specified in the design of a building or work, incorporated during construction, renovation, or maintenance.}

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(38) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514

{ As prescribed in 23.705, use in solicitations and contracts when personal computer products will be delivered, acquired by the contractor for use in performing services at a federal controlled facility or furnished by the contractor for use by the government. }

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(ii)

Alternate I (June 2014) of 52.223-16 { when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs. }

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(39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011).

{As prescribed in 23.1105, use in all solicitations and contracts.}

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(40) 52.225-1, Buy American Act--Supplies (MAY 2014) (41 USC chapter 83).

{As prescribed in 25.1101(a)(1), in solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $25,000; and in solicitations and contracts with a value exceeding $25,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except if: (i) The solicitation is restricted to domestic end products in accordance with Subpart 6.3; (ii) The acquisition is for supplies for use within the United States and an exception to the Buy American Act applies (e.g., nonavailability, public interest, or information technology that is a commercial item); or (iii) The acquisition is for supplies for use outside the United States.}

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(41)

(i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (MAY 2014) (41 USC 10a-10d, 19 USC 3301 note, 19 USC 2112 note, 19 USC 3805 note, PL 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42 and 112-43).

{As prescribed in 25.1101(b)(1)(i), use in solicitations and contracts if -- (A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $25,000 or more, but is less than $204,000; (B) The acquisition is not for information technology that is a commercial item, using fiscal year 2004 or subsequent fiscal year funds; and (C) No exception in 25.401 applies.}

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(ii) Alternate I (MAY 2014) of 52.225-3.

{As prescribed in 25.1101(b)(1)(ii), use If the acquisition value is $25,000 or more but is less than $50,000.}

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(iii) Alternate II (MAY 2014) of 52.225-3.

{ As prescribed in 25.1101(b)(1)(iv), use If the acquisition value is $50,000 or more but less than $79,507.}

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(iii) Alternate III (MAY 2014) of 52.225-3.

{ As prescribed in 25.1101(b)(1)(iii), use If the acquisition value is $79,507 or more but less than $100,000.}

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(42) 52.225-5, Trade Agreements (NOV 2013) (19 USC 2501, et seq., 19 USC 3301 note).

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(43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

{As prescribed in 25.1103(a), use in solicitations and contracts, unless an exception applies.}

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(44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 USC 2303 Note).

{As prescribed in 25.1103(a), use in dod contract for performance in contingency operations outside the us, combat operations or other signficant military operations.}

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(45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 USC 5150).

{As prescribed in 26.206(b), use in solicitations and contracts involving local area set-asides.}

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(46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 USC 5150).

{As prescribed in 26.206(c), use in solicitations and contracts involving local area set-asides.}

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(47) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 USC 4505, 10 USC 2307(f)).

{As prescribed in 32.206(b)(2), use in solicitations and contracts, If the contract will provide for contract financing. See 32.206 .}

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(48) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 USC 4505, 10 USC 2307(f)).

{As prescribed in 32.206(g), contracting officers may use this clause in solicitations and contracts in lieu of constructing a specific clause in accordance with paragraphs (b) through (e) of this section, if the contract action qualifies under the criteria at 32.202-1(b) and installment payments for the item are either customary or are authorized in accordance with agency proceduresin solicitations and contracts to notify offerors if an order or orders are to be set aside for any of the small business concerns identified in 19.000(a)(3)}

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(49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL. 2013) (31 USC 3332).

{As prescribed in 32.1110(a)(1), use in all solicitations and contracts that include the clause at 52.204-7 or an agency clause that requires a contractor to be registered in the sam database and maintain registration until final payment, unless: (i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or (ii) An exception listed in 32.1103(a) through (i) applies.}

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(50) 52.232-34, Payment by Electronic Funds Transfer—Other Than Systems for Award Management (JUL 2013) (31 USC 3332).

{As prescribed in 32.1110(a)(2), use in solicitations and contracts that require EFT as the method for payment but do not include the clause at 52.204-7 or a similar agency clause that requires the contractor to be registered in the SAM database.}

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(51) 52.232-36, Payment by Third Party (MAY 2014) (31 USC 3332).

{As prescribed in 32.1110(d), If payment under a written contract will be made by a charge to a Government account with a third party such as a Government wide commercial purchase card, then the contracting officer shall insert the clause. }

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(52) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 USC 552a).

{As prescribed in 39.107, use in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a system of records using commercial information technology services or support services}

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(53)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 USC Appx 1241(b) and 10 USC 2631).

{As prescribed in 47.507(a)(1), use in solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954. (For application of the Cargo Preference Act of 1954, see 47.502(a)(3), 47.503(a), and 47.504.)}

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(ii) Alternate I (APR 2003) of 52.247-64.

Paragraph (c)

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(1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (EO 13495)

{ As prescribed in 47.507(a)(2), use If an applicable statute requires, or if it has been determined under agency procedures, that the supplies to be furnished under contracts shall be transported exclusively in privately owned U.S.-flag commercial vessels (see 47.502(a)(1) and 47.503(b)).}

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(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 USC 351, et seq.).

{As prescribed in 22.1006(a) services subject to standards over $2500.}

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(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 USC 206 and 41 USC 351, et seq.).

{As prescribed in 22.1006(b), use in solicitations and contracts if the contract amount is expected to be over $2,500 and the labor standard is applicable. (See 22.1016.)}

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(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 USC206 and 41 USC 351, et seq.).

{As prescribed in 22.1006(c)(1), in solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, and is a multiple year contract or is a contract with options to renew which exceeds the simplified acquisition threshold; may be used under the sat.}

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(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (MAY 2014) (29 USC 206 and 41 USC chapter 67.).

{As prescribed in 22.1006(c)(2), in solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, exceeds the simplified acquisition threshold, and is not a multiple year contract or is not a contract with options to renew; may be used under the sat.}

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(6) 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 USC chapter 67).

{As prescribed in 22.1006(e)(2), use (i) In solicitations that include the provision at 52.222-48, or the comparable provision is checked as applicable in the clause at 52.204-8(c)(2)(iii) or 52.212-3(k)(1); and (ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1003-4(c)(3), that the Service Contract Act does not apply.}

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(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 USC 351, et seq.).

{As prescribed in 22.1006(e)(4), use (i) In solicitations that include the provision at 52.222-52, or the comparable provision is checked as applicable in 52.204-8(c)(2)(iv) or 52.212-3(k)(2); and (ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1003-4(d)(3), that the Service Contract Act does not apply.}

{INSERT in solicitations and contracts for (1) service contracts, as defined at 22.001, (2) that succeed contracts for performance of the same or similar work at the same location and (3) that are not exempted by 22.1203-2 or waived in accordance with 22.1203-3.}

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(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014)(executive Order 13658).

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(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAY 2014) (PL 110-247).

{ As prescribed in 26.404, use in solicitations and contracts greater than $25,000 for the provision, service, or sale of food in the United States.}

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(10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 USC 5112(p)(1)).

{As prescribed in 37.116-2, use in solicitations and contracts for the provision of services that involve business operations conducted in U.S. coins and currency, including vending machines, on any premises owned by the United States or under the control of any agency or instrumentality of the United States.}

{As prescribed in22.1906, use in solicitations and contracts that include 52.222-6 or 52.222-41 where work is performed in the United states.}

Paragraph (e)

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(x) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(USC chapter 798 and EO 13627)

(x) (B) Alternate I (Mar 2015) of 52.2220-59 (22 USC chapter 78 EO 13627).