FAR-DFAR_Provisions_and_Clauses.pdf

N4523A19Q4117

IDN 91447049

APPLICABLE FAR AND DFARS PROVISIONS AND CLAUSES:

All terms and conditions, clauses, and requirements determined by the contracting officer to be necessary and consistent with customary commercial practices for RFQ N4523A19Q4117, are as follows:

PROVISIONS AND CLAUSES CAN BE FOUND AT:

FAR CLAUSES: http://acquisition.gov/far/

DFARS CLAUSES: http://www.acq.osd.mil/dpap/dars/dfars

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror (JUL 2016)

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by reference of representations and certifications DEC 2014

52.204-20 Predecessor of Offeror

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

52.204-22 Alternative Line Item Proposal

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law (FEB 2016)

52.212-1 Instructions to Offerors--Commercial Items OCT 2016

52.212-3 Alt 1 Offeror Representations and Certifications--Commercial Items (DEC 2016) Alternate I OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.219-1 Alt 1 Small Business Program Representations (Oct 2014) - Alternate I (Sept 2015)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013).

52.232-40 Providing Accelerated payment to Small Business Subcontractors

52.247-34 F.O.B. Destination

252.203-7000 Requirements Relating to Compensation of Former DOD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7005 Representation Relating to Compensation of Former DOD Officials

252.204-7003 Control of Government Personnel Work Product APR 1992

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support (May 2016).

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7000 Buy American--Balance of Payments Program Certificate--Basic (Nov 2014)

252.225-7001 Buy American and Balance of Payments Program – Basic (Dec 2017)

252.225-7002 Qualifying Country Sources as Subcontractors

252.225-7048 Export-Controlled Items

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

252.244-7000 Subcontracts for Commercial Items

252.247-7023 Transportation of Supplies by Sea

CLAUSES/PROVISIONS INCORPORATED BY FULL TEXT

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

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

http://acquisition.gov/far/ http://www.acq.osd.mil/dpap/dars/dfars

(i) Technical capability of the item offered to meet the Government requirement; and

(ii) Price;

Technical is approximately equal to price.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror, within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 -- Contract Terms and Conditions- Required to Implement Statutes or Executive Orders-Commercial

Items (Dec 2016) with following clauses:

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)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553)

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)).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644)

52.219-28, Post Award Small Business Program Representation (July 2013) (15 U.S.C. 632(a)(2)

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

52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126)

52.222-21, Prohibition of Segregated Facilities (Apr 2015)

52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246)

52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793)

52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627)

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513)

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332)

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically.

FAR Clauses: http://acquisition.gov/far/

DFARS Clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of Provision) http://acquisition.gov/far/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically.

FAR Clauses: http://acquisition.gov/far/

DFARS Clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of Clause)

252.232-7006 -- Wide Area Workflow Payment Instructions (Dec 2018)

(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 Work

Flow (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) http://acquisition.gov/far/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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 item financing, submit a commercial item 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 N68732

Issue by DoDAAC N4523A

Admin DoDAAC N4523A

Inspect by DoDAAC N4523A

Ship to Code N4523A

Ship from Code N/A

Mark for Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N4523A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert

“See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the

DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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.

PSNSASKAccountsPayable@navy.mil; PSNS_C610.22CERT.FCT@navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause) mailto:PSNSASKAccountsPayable@navy.mil mailto:PSNS_C610.22CERT.FCT@navy.mil