Provisions and Clauses_2.pdf

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Open, Inspect, Repair Cylinder Assy.
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70Z08526P49025B00
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This document is a template listing FAR (Federal Acquisition Regulation) provisions required for federal solicitations for non-construction services. The provisions address compliance and representation requirements that offerors must satisfy when responding to government contracts.

Key provisions include representations and certifications related to small business status (FAR 52.219-1 and FAR 52.219-6 for small business set-asides), System for Award Management registration (FAR 52.204-7), ownership and control disclosures (FAR 52.204-17), and prohibitions on contracting with inverted domestic corporations (FAR 52.209-2) and entities requiring certain internal confidentiality agreements (FAR 52.203-18). The document also includes requirements for commercial products and services instructions (FAR 52.212-1 and FAR 52.212-3). A notable provision requires offerors to disclose subcontractors performing more than 20 percent of total contract value or any critical elements, including the subcontractor's name, business size, and work description. The Government will evaluate subcontractor usage as part of technical capability and performance risk assessment, with the prime contractor retaining full responsibility for contract performance. Additionally, FAR 52.204-29 requires offerors to represent whether they are subject to any Federal Acquisition Supply Chain Security Act exclusion or removal orders and to immediately disclose any such orders issued after offer submission.

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FAR PROVISIONS FOR SOLICITATION – SERVICES (NON-CONSTRUCTION)

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017)

FAR 52.204-7, System for Award Management (NOV 2024)

FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-17, Ownership or Control of Offeror (AUG 2020)

FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation (NOV 2015)

FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)

Subcontractor Disclosure and Evaluation

Offerors shall identify any subcontractors proposed to perform more than 20 percent of the total contract value or any critical elements of performance. The submission shall include, at a minimum, the subcontractor’s name, business size, and a brief description of the work to be performed. The Government will evaluate the offeror’s proposed use of subcontractors as part of its assessment of technical capability and performance risk, including the offeror’s ability to manage subcontracted effort and ensure timely, compliant performance. The prime contractor shall remain fully responsible for contract performance, regardless of the use of subcontractors. Failure to identify a subcontractor in the offer does not relieve the prime contractor of responsibility for compliance with all applicable contract requirements.

FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (NOV 2023)

FAR 52.219-1, Small Business Program Representations (JAN 2025)

FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)

FAR 52.204-29 — Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023)

(a) Definitions. As used in this provision—

“Covered article” means any information technology or operational technology, product, service, or system, including hardware, software, or firmware, that is the subject of a Federal Acquisition Security Council exclusion or removal order.

“Federal Acquisition Security Council” means the council established pursuant to section 1322(a) of title 41, United States Code.

“FASCSA order” means an exclusion or removal order issued pursuant to the Federal Acquisition Supply Chain Security Act of 2018 (41 U.S.C. 4713).

(b) Representation. The Offeror represents that—

(1) It ☐ is, ☐ is not subject to an active exclusion or removal order issued pursuant to the Federal Acquisition

Supply Chain Security Act of 2018.

(2) If the Offeror represents that it “is” subject to such an order, the Offeror shall—

(i) Identify the covered article(s); and

(ii) Provide any additional information required by the Contracting Officer.

(c) Disclosure. If the Offeror becomes subject to an exclusion or removal order after submission of its offer, the Offeror shall disclose that information to the Contracting Officer immediately.

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