Provision and Clauses - MDG Monitor.docx

Provisions and Clauses RFO FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2024) RFO FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017) RFO FAR 52.204-7 System for Award Management (FEB 2026) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (FEB 2026) FAR 52.209-5 Certification Regarding Responsibility Matters (FEB 2026) FAR 52.209-7 Information Regarding Responsibility Matters (FEB 2026) RFO FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2026) FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (FEB 2026) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 2022) RFO DFARS 252.204-7024 Notice on the use of the Supplier Performance Risk System (FEB 2026) DFARS 252.204-7998 Alternate A, Annual Representations and Certifications (FEB 2026) DFARS 252.215-7992 Only One Offer (DEVIATION 2026-O0048) (MAR 2026) DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022) DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023) DFARS 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation (JUN 2023) Clauses Incorporated by Reference:

RFO FAR 52.203-3 Gratuities (APR 1984) RFO FAR 52.203-6 Restrictions on Subcontractor Sales to the Government—Alternate I (NOV 2021) RFO FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) RFO FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (APR 2026) RFO FAR 52.204-13 System for Award Management Maintenance (FEB 2026) RFO FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) RFO FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (FEB 2026) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2026) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (FEB 2026) RFO FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (FEB 2026) RFO FAR 52.219-6 Notice of Total Small Business Set-Aside (FEB 2026) RFO FAR 52.219-8 Utilization of Small Business Concerns (FEB 2026) RFO FAR 52.219-28 Post-Award Small Business Program Representation (FEB 2026) FAR 52.222-3 Convict Labor (FEB 2026) RFO FAR 52.222-35 Equal Opportunity for Veterans (FEB 2026) RFO FAR 52.222-36 Equal Opportunity for Workers with Disabilities (FEB 2026) RFO FAR 52.222-37 Employment Reports on Veterans (FEB 2026) RFO FAR 52.222-50 Combating Trafficking in Persons (FEB 2026) RFO FAR 52.222-54 Employment Eligibility Verification (FEB 2026) RFO FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) RFO FAR 52.223-5 Pollution Prevention & Right-To-Know Information (MAY 2024) RFO FAR 52.223-23 Sustainable Products and Services (DEVIATION CD 2025-O0004) (MAR 2025) RFO FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) FAR 52.229-3 Federal, State, and Local Taxes (FEB 2026) FAR 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) RFO FAR 52.232-17 Interest (MAY 2014) FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) RFO FAR 52.233-1 Disputes (FEB 2026) RFO FAR 52.233-3 Protest after Award (FEB 2026) RFO FAR 52.233-4 Applicable Law for Breach of Contract Claim (FEB 20260 RFO FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (FEB 2026) RFO FAR 52.240-91 Security Prohibitions and Exclusions (FEB 2026) RFO FAR 52.242-13 Bankruptcy (JUL 1995) RFO FAR 52.242-14 Suspension of Work (APR 1984) RFO FAR 52.243-4 Changes (FEB 2026) RFO FAR 52.243-5 Changes and Changed Conditions (FEB 2026) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) RFO DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022) RFO DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors (FEB 2026) RFO DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (FEB 2026) RFO DFARS 252.223-7001 Hazard Warning Labels (DEC 1991) RFO DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials—Basic (SEP 2014) RFO DFARS 252.223-7008 Prohibition of Hexavalent Chromium (JAN 2023) RFO DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) RFO DFARS 252.225-7048 Export-Controlled Items (JUN 2013) RFO DFARS 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten (MAY 2024) RFO DFARS 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (JUN 2023) RFO DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (JAN 2023) RFO DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 RFO DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) RFO DFARS 252.236-7000 Modification Proposals—Price Breakdown (DEC 1991) RFO DFARS 252.236-7005 Airfield Safety Precautions (DEC 1991) RFO DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991) RFO DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2022) RFO DFARS 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) RFO DFARS 252.247-7023 Transportation of Supplies by Sea—Basic (OCT 2024)

Provisions Incorporated by Full Text RFO FAR 52.212-2 — Evaluation—Commercial Products and Commercial Services (FEB 2026)

(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 will be used to evaluate offers:

1. Technical Acceptability: The quote must demonstrate that the proposed equipment meets all salient technical characteristics of the Advantor Access Control System (ACS) and is fully compatible with the existing base-wide ASN headend at BDOC.

2. Delivery Schedule: The contractor must meet the required delivery and installation time frames outlined in the Statement of Work.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer, 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.

(End of provision) RFO FAR 52.233-2 — Service of Protest (FEB 2026)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.

(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO.

Protests to the National Guard Protest Decision Authority shall be filed at:

National Guard Bureau Office of the Director of Acquisitions

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204 Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil (End of provision) RFO FAR 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 at this/these address(es):

• https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

• https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html (End of provision) RFO FAR 52.252-5 — Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision) Clauses Incorporated by Full Text RFO FAR 52.212-5 — Contract Terms and Conditions Required to Implement Statutes—Commercial Products and Commercial Services (MAY 2024) (RFO RE-BASELINED) (The Contracting Officer has indicated the active clauses applicable to this sole-source GSA FSS delivery order below by checking the corresponding boxes.)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this clause by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

• 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

• 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023)

• 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

• 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

• 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

• 52.233-3, Protest After Award (AUG 1996)

• 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this clause by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

• 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

• 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023)

• 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

• 52.222-3, Convict Labor (JUN 2003)

• 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024)

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

• 52.222-26, Equal Opportunity (SEP 2016)

• 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

• 52.222-50, Combating Trafficking in Persons (NOV 2021)

• 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

• 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021)

• 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (End of clause)

RFO FAR 52.219-14 — Limitations on Subcontracting (FEB 2023) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. "Similarly situated entity," as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

1. Has the same small business program status as that which qualified the prime contractor for the award; and

2. Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

1. Contracts that have been set aside for small business concerns;

2. Orders expected to exceed the simplified acquisition threshold and that are set aside for small business under multiple-award contracts;

3. Contracts that have been awarded on a sole-source basis under FAR subparts 19.8, 19.13, 19.14, and 19.15.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for—

1. Services (except construction): It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract limit.

(End of clause) RFO DFARS 252.232-7006 — Wide Area WorkForce Payment Instructions (JAN 2023)

(a) Definitions. As used in this clause, "department/agency," "accepting activity," and "paying office" have the meanings provided in DFARS 252.232-7006.

(b) Electronic invoicing. Invoices and receiving reports must be submitted electronically via PIEE/WAWF.

(c) WAWF Invoice Type: The Contractor shall submit payment requests using the Invoice and Receiving Report (Combo) type.

(d) WAWF Routing Data Table:

• Document Type: Invoice and Receiving Report (Combo)

• Contracting Officer Email: 106.RQW.FAL.MSC.Contracting@us.af.mil

• Issuing Office / Admin Office DODAAC: W50S77 (106th Rescue Wing Contracting Office)

• Paying Office DODAAC: F67100 (DFAS Columbus)

• Service Acceptor / Inspector DODAAC: W50S77 (Attn: George Liandrakis / TSgt Vincent A. Alfano) (End of clause) RFO AFFARS 5352.242-9000 — Contractor Access to Air Force Installations (OCT 2019)

(a) The contractor shall obtain base access passes for all employees and subcontractors who require access to F.S. Gabreski Air National Guard Base, NY, to perform installation work.

(b) Applications for base access must be coordinated with the Sponsor (106 SFS / TSgt Vincent A. Alfano). All personnel must pass a criminal background check and obtain DBIDS badges.

(c) Contractor employees must be escorted by 106 SFS personnel when entering high-security areas (BDOC, Comm Closet 129, Crypto RM 217, and Crypto Server RM 218).

(End of clause)

5. RFO FAR 52.252-6 — Authorized Deviations in Clauses (NOV 2020) (RFO COMPLIANT)

(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 Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)