Provisions and Clauses.pdf
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- FA8224-22-Q-0012_2
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DOCUMENT NUMBER SOLICITATION NUMBER
FA822422Q0012 (Not Set)
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
SECTION
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
2011-09 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
2011-11 SEC K
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
2016-10 SEC L
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2019-12 SEC I
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
2016-05 SEC I
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
2021-05 SEC K
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
2021-01 SEC I
252.225-7055 Representation Regarding Business Operations with the Maduro Regime.
2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.
2022-05 SEC I
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
2018-12 SEC G
252.232-7010 Levies on Contract Payments. 2006-12 SEC I
252.232-7017 Accelerating Payments to Small Business Subcontractors- Prohibition on Fees and Consideration.
2020-04 SEC I
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
2013-06 SEC I
252.244-7000 Subcontracts for Commercial Items. 2021-01 SEC I
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01 SEC I
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.
2020-06 SEC I
52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I 52.204-22 Alternative Line Item Proposal. 2017-01 SEC L
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
2021-11 SEC I
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
2021-11 SEC I
52.204-7 System for Award Management. 2018-10 SEC K
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.
2015-11 SEC I
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
2021-11 SEC I
52.214-34 Submission of Offers in the English Language. 1991-04 SEC L 52.214-35 Submission of Offers in U.S. Currency. 1991-04 SEC L 52.219-13 Notice of Set-Aside of Orders. 2020-03 SEC I 52.219-6 Notice of Total Small Business Set-Aside. 2020-11 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I
52.222-26 Equal Opportunity. 2016-09 SEC I 52.222-3 Convict Labor. 2003-06 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I 52.222-50 Combating Trafficking in Persons. 2021-11 SEC I
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.
2020-06 SEC I
52.223-19 Compliance with Environmental Management Systems. 2011-05 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.225-1 Buy American-Supplies 2021-11 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.
2018-10 SEC I
52.232-40 Providing Accelerated Payments to Small Business Subcontractors.
2021-11 SEC I
52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services.
2021-11 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
ALT NO/
DEV NO
CLAUSE TITLE YEAR-
MO
CLAUSE TEXT
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) As used in this clause- Definitions.
"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) The WAWF system provides the method to electronically process Electronic invoicing.
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) To access WAWF, the Contractor shall- WAWF access.
(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) The Contractor should follow the training instructions of the WAWF Web- WAWF training.
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) Document submissions may be via web entry, WAWF methods of document submission.
Electronic Data Interchange, or File Transfer Protocol.
(f) The Contractor shall use the following information when WAWF payment instructions.
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following Document type.
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.
(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.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table Document routing.
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 F03000
Issue By DoDAAC FA8224
Admin DoDAAC FA8224
Inspect By DoDAAC F2DCDB
Ship To Code F2DCDB
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*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) The Contractor shall ensure a payment request includes documentation Payment request.
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) The Contractor shall ensure a receiving report meets the requirements Receiving report.
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.
Primary: Loriell Rumsey, loriell.rumsey@us.af.mil, 801-586-5069 Alternate: Shirley Melnick, shirley.
melnick@us.af.mil, 801-586-5171
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment.
2021-11
As prescribed in , insert the following provision:4.2105(a)
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
As used in this provision-(a) Definitions.
Backhaul, covered telecommunications equipment or services, critical technology, interconnection have the meanings arrangements, reasonable inquiry, roaming, and substantial or essential component provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act (1) for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a (i) service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or (ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal (2) Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a (i) service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or (ii) cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
The Offeror shall review the list of excluded parties in the System for Award (c) Procedures.
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
The Offeror represents that-(d) Representation.
It(1) will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
After conducting a reasonable inquiry, for purposes of this representation, the Offeror (2) represents that-
It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. Disclosure for the representation in paragraph (d)(1) of this provision. If the (1) Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
For covered equipment-(i)
The entity that produced the covered telecommunications equipment (include entity (A) name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
A description of all covered telecommunications equipment offered (include brand; (B) model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
Explanation of the proposed use of covered telecommunications equipment and any (C) factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
For covered services-(ii)
If the service is related to item maintenance: A description of all covered (A) telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);
or
If not associated with maintenance, the Product Service Code (PSC) of the service (B) being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has (2) responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
For covered equipment-(i)
The entity that produced the covered telecommunications equipment (include entity (A) name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
A description of all covered telecommunications equipment offered (include brand; (B) model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
Explanation of the proposed use of covered telecommunications equipment and any (C) factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
For covered services-(ii)
If the service is related to item maintenance: A description of all covered (A) telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);
or
If not associated with maintenance, the PSC of the service being provided; and (B) explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.217-8 Option to Extend Services. 1999-11
As prescribed in , insert a clause substantially the same as the following:17.208(f)
Option to Extend Services (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within 30 days which the Contracting Officer may exercise the option].
(End of clause)
52.217-9 Option to Extend the Term of the Contract. 2000-03
As prescribed in , insert a clause substantially the same as the following:17.208(g)
Option to Extend the Term of the Contract (MAR 2000)
The Government may extend the term of this contract by written notice to the Contractor (a) within [insert the period of time within which the Contracting Officer may exercise the option]; 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The 30 days 60days unless a different number of days is inserted preliminary notice does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include (b) this option clause.
The total duration of this contract, including the exercise of any options under this clause, shall (c) not exceed (months) (years).5 years
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. 2021-09
As prescribed in , insert the following clause:19.309(c)(1)
Post-Award Small Business Program Rerepresentation (Sep 2021)
. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. Long-term contract However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
-Small business concern
Means a concern, including its affiliates, that is independently owned and operated, not (1) dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
, as used in this definition, means business concerns, one of whom directly or (2) Affiliates indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.
SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
If the Contractor represented that it was any of the small business concerns identified in 19.000(b) (a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after (1) modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 (2) days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any (ii) option thereafter.
If the Contractor represented that it was any of the small business concerns identified in 19.000(c) (a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
The Contractor shall rerepresent its size status in accordance with the size standard in effect at (d) the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
The small business size standard for a Contractor providing an end item that it does not (e) manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition-
Was set aside for small business and has a value above the simplified acquisition threshold;(1)
Used the HUBZone price evaluation preference regardless of dollar value, unless the (2) Contractor waived the price evaluation preference; or
Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged (3) women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(f)
(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
If the Contractor represented that it was other than a small business concern prior to award of (g) this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a (h) representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it(1) is, is not a small business concern under NAICS Code assigned to contract number .____ ____
[ (2) Complete only if the Contractor represented itself as a small business concern in .] The Contractor represents that itparagraph (h)(1) of this clause is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002
[ (3) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that itparagraph (h)(1) of this clause.
is, is not a women-owned small business concern.
Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself as a women-owned small business concern in
] The Contractor represents that-paragraph (h)(3) of this clause.
It(i) is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [ The Contractor shall enter the name or names of the WOSB ____ concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:. ] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a women-owned small business concern eligible under the
] The Contractor represents that-WOSB Program in (h)(4) of this clause.
It(i) is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [ The Contractor shall enter the name or names of the EDWOSB concern and other small ____ businesses that are participating in the joint venture: . ] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
[ (6) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that itparagraph (h)(1) of this clause.
is, is not a veteran-owned small business concern.
[ (7) Complete only if the Contractor represented itself as a veteran-owned small business ] The Contractor represents that itconcern in paragraph (h)(6) of this clause.
is, is not a service-disabled veteran-owned small business concern.
[ (8) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that-paragraph (h)(1) of this clause.
It(i) is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
It(ii) is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the ____ HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[ ] Contractor to sign and date and insert authorized signer's name and title.
(End of clause)
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction
Goals-Representation.
2016-12
As prescribed in , insert the following provision:23.804(b)
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (DEC 2016)
This representation shall be completed if the Offeror received $7.5 million or more in Federal (a) contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]
The Offeror (itself or through its immediate owner or highest-level owner)(1) does, does not publicly disclose greenhouse gas emissions, , make available on a publicly accessible i.e.
website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
The Offeror (itself or through its immediate owner or highest-level owner)(2) does, does not publicly disclose a quantitative greenhouse gas emissions reduction goal, , make available i.e.
on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
A publicly accessible website includes the Offeror's own website or a recognized, third-(3) party greenhouse gas emissions reporting program.
If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the (c) Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: .____
(End of provision)
52.219-28 ALT I Post-Award Small Business Program Rerepresentation.
(Alternate I)
2020-03
As prescribed in , insert the following clause:19.309(c)(1)
Post-Award Small Business Program Rerepresentation (Sep 2021)
. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. Long-term contract However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
-Small business concern
Means a concern, including its affiliates, that is independently owned and operated, not (1) dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
, as used in this definition, means business concerns, one of whom directly or (2) Affiliates indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships.
SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
If the Contractor represented that it was any of the small business concerns identified in 19.000(b) (a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after (1) modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 (2) days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any (ii) option thereafter.
If the Contractor represented that it was any of the small business concerns identified in 19.000(c) (a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
The Contractor shall rerepresent its size status in accordance with the size standard in effect at (d) the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
The small business size standard for a Contractor providing an end item that it does not (e) manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition-
Was set aside for small business and has a value above the simplified acquisition threshold;(1)
Used the HUBZone price evaluation preference regardless of dollar value, unless the (2) Contractor waived the price evaluation preference; or
Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged (3) women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(f)
(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
If the Contractor represented that it was other than a small business concern prior to award of (g) this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
If the Contractor does not have representations and certifications in SAM, or does not have a (h) representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it(1) is, is not a small business concern under NAICS Code assigned to contract number .____ ____
[ (2) Complete only if the Contractor represented itself as a small business concern in .] The Contractor represents that itparagraph (h)(1) of this clause is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1002
[ (3) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that itparagraph (h)(1) of this clause.
is not a women-owned small business concern.
Women-owned small business (WOSB) concern eligible under the WOSB Program. [(4) Complete only if the Contractor represented itself as a women-owned small business concern in
] The Contractor represents that-paragraph (h)(3) of this clause.
It(i) is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [ The Contractor shall enter the name or names of the WOSB ____ concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:. ] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
Economically disadvantaged women-owned small business (EDWOSB) concern.[(5) Complete only if the Contractor represented itself as a women-owned small business concern eligible under the
] The Contractor represents that-WOSB Program in (h)(4) of this clause.
It(i) is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
It(ii) is, is not a joint venture that complies with the requirements of , and the representation in 13 CFR part 127 paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [ The Contractor shall enter the name or names of the EDWOSB concern and other small ____ businesses that are participating in the joint venture: . ] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
[ (6) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that itparagraph (h)(1) of this clause.
is, is not a veteran-owned small business concern.
[ (7) Complete only if the Contractor represented itself as a veteran-owned small business ] The Contractor represents that itconcern in paragraph (h)(6) of this clause.
is not a service-disabled veteran-owned small business concern.
[ (8) Complete only if the Contractor represented itself as a small business concern in ] The Contractor represents that-paragraph (h)(1) of this clause.
It(i) is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
It(ii) is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the ____ HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[ ] Contractor to sign and date and insert authorized signer's name and title.
(End of clause)
Alternate I . As prescribed in 19.309(c)(2), substitute the following paragraph (h)(1) for (MAR 2020) paragraph (h)(1) of the basic clause:
(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
NAICS Code Small business concern (yes/no)
[ ]Contracting Officer to insert NAICS codes.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and
Commercial Services.
2022-05
As prescribed in , insert the following clause:12.301(b)(4)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2022)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) (a) clauses, which are incorporated in this contract 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 (1) Statements (section 743 of Division E, Title VII, of the Consolidated and Further Continuing (JAN 2017) 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 (2) Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video (3) Surveillance Services or Equipment. (Section 889(a)(1)(A) of Pub. L. 115-232).(NOV 2021)
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)
52.233-3, Protest After Award (31 U.S.C. 3553).(5) (AUG 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 (6) (OCT 2004) and 108-78 ( 19 U.S.C. 3805 note)).
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting (b) Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government with (1) (JUN 2020), Alternate I (41 U.S.C. 4704 and 10 U.S.C. 2402). (NOV 2021)
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (3) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery (JUN 2010) and Reinvestment Act of 2009.)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. (4) (JUN 2020) L. 109-282) ( 31 U.S.C. 6101 note).
[Reserved].(5)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of (6) (OCT 2016) Div. C).
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (7) (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, (8) Suspended, or Proposed for Debarment. (31 U.S.C. 6101 note).(NOV 2021)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (9) (OCT 2018) (41 U.S.C. 2313).
[Reserved].(10)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).(11) (SEP 2021)
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (12) (SEP (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).2021)
[Reserved](13)
(14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(16) (OCT 2018)
(17) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) (NOV 2021)
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV of 52.219-9.(v) (SEP 2021)
(18) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting (15 U.S.C. 637s).(19) (SEP 2021)
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (SEP 2021)
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (21) (SEP 2021) (15 U.S.C. 657f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(i) (SEP 2021) (2)).
Alternate I of 52.219-28.(ii) (MAR 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged (23) Women-Owned Small Business Concerns (15 U.S.C. 637(m)).(SEP 2021)
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business (24) Concerns Eligible Under the Women-Owned Small Business Program (15 U.S.C. 637(m)).(SEP 2021)
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (MAR 2020)
52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (SEP 2021)
52.222-3, Convict Labor (E.O.11755).(27) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (JAN 2022)
52.222-21, Prohibition of Segregated Facilities .(29) (APR 2015)
(30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(31) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (34) (DEC 2010) (E.O. 13496).
(35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. (i) (NOV 2021) 13627).
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not (36) (MAY 2022) applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (i) (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of (ii) (MAY 2008) commercially available off-the-shelf items.)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (38) (Jun 2016) (E.O. 13693).
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air (39) Conditioners (E.O. 13693).(JUN 2016)
(40) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 (i) (JUN 2014) and 13514).
Alternate I of 52.223-13.(ii) (OCT 2015)
(41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and (i) (JUN 2014) 13514).
Alternate I (Jun2014) of 52.223-14.(ii)
52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)
(43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s (i) (OCT 2015) 13423 and 13514).
Alternate I of 52.223-16.(ii) (JUN 2014)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.(44) (JUN 2020) O. 13513).
52.223-20, Aerosols (E.O. 13693).(45) (JUN 2016)
52.223-21, Foams (Jun2016) (E.O. 13693).(46)
(47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(48) (NOV 2021)
(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.(i) (NOV 2021) chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I of 52.225-3.(ii) ( 2021)JAN
Alternate II of 52.225-3.(iii) ( 2021)JAN
Alternate III of 52.225-3.(iv) ( 2021)JAN
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (OCT 2019) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and (51) (FEB 2021) statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (52) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
2302Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.(54) C. 5150).
52.229-12, Tax on Certain Foreign Procurements .(55) (FEB 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (56) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(NOV 2021)
52.232-30, Installment Payments for Commercial Products and Commercial Services (57) (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (58) (OCT2018) (31 U.S.C. 3332).
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul (59) 2013) (31 U.S.C. 3332).
52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)
52.239-1, Privacy or Security…
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