Provisions and Clauses.docx

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Portable Restrooms Federal contract opportunity
Solicitation number
W50S81-23-Q-0001
Issued by
Department of the Army Massachusetts Army National Guard

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Provisions and Clauses Solicitation W50S81-23-Q-0001

Provisions and Clauses by Full Text FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

52.252-1 Solicitation Provisions Incorporated by Reference 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 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 at this address: https://www.acquisition.gov/browse/index/far

FAR 52.252-6, Authorized Deviation in Clause (Apr 1984)

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

DFARS 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 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—

(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.

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 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 - F87700 Issue By DoDAAC - W50S81 Admin DoDAAC - W50S81 Service Approver (DoDAAC) - TBD Service Acceptor (DoDAAC) - TBD

(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.

The following provisions apply to this acquisition and are added by reference:

52.204-7 System for Award Management 52.204-17 Ownership or Control of Offeror 52.204-20 Predecessor of Offeror 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services--Representation 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (DEVIATION 2023-O0002) 52.219-1 Small Business Program Representations (DEVIATION 2023-O0002) 52.222-22 Previous Contracts and Compliance Reports 52.222-25 Affirmative Action Compliance 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation 52.252-5 Authorized Deviations in Provisions 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.209-7993 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law—Fiscal Year 2014 Appropriations (DEVIATION 2014-O0009) 252.225-7055, Representation Regarding Business Operations with the Maduro Regime 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (APRIL 2021)

The following clauses apply to this acquisition and are added by reference:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-7 System for Award Management 54.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.212-4 Contract Terms and Conditions – Commercial Items 52.219-6 Notice of Total Small Business Set-Aside 52.222-3 Convict Labor 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.252-6 Authorized Deviations in Clauses 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7003 Control of Government Personnel Work Product 252.204-7006 Billing Instructions 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.

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

252.204-7022 Expediting Contract Closeout 252.225-7048 Export-Controlled Items 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments.

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