Provisions and Clauses.pdf

W9124V24Q0004 Applicable Provisions and Clauses

Provisions and Clauses by Reference

52.203-19 Prohibi on on Requiring Certain Internal Confiden ality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government En ty Code Repor ng AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government En ty Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-23 Prohibi on on Contrac ng for Hardware, So ware, and Services

Developed or Provided by Kaspersky Lab and Other Covered En es

NOV 2021

52.204-25 Prohibi on of Contrac ng for Certain Telecommunica ons and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunica ons Equipment or Services-- Representa on

OCT 2020

52.204-27 Prohibi on on a ByteDance Covered Applica on JUN 2023 52.209-10 Prohibi on on Contrac ng with Inverted Domes c Corpora ons NOV 2015 52.212-1 Instruc ons to Offerors—Commercial Products and Commercial

Services

SEP 2023

52.212-3 Offeror Representa ons and Cer fica ons—Commercial Products and Commercial Services--Alternate I

OCT 2014

52.212-4 Contract Terms and Condi ons—Commercial Products and Commercial Services

NOV 2023

52.212-5 Contract Terms and Condi ons Required To Implement Statutes or Execu ve Orders—Commercial Products and Commercial Services--Alternate I

NOV 2023

52.219-6 No ce of Total Small Business Set-Aside NOV 2020 52.219-28 Insert the clause at 52.219-28, Post-Award Small Business

Program Rerepresenta on, in solicita ons and contracts exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas.

MAR 2023

52.219-33 Non-Manufacturer Rule SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor—Coopera on with Authori es and Remedies NOV 2023 52.222-20 Contracts for Materials, Supplies, Ar cles, and Equipment

Exceeding $15,000

JUN 2020

52.222-21 Prohibi on of Segregated Facili es APR 2015 52.222-25 Affirma ve Ac on Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabili es JUL 2014

52.222-50 Comba ng Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving

JUN 2020

52.225-13 Restric ons on Certain Foreign Purchases FEB 2021 52.225-18 Place of Manufacture AUG 2018 52.225-25 Prohibi on on Contrac ng with En es Engaging in Certain

Ac vi es or Transac ons Rela ng to Iran—Representa on and Cer fica ons

JUN 2020

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obliga ons JUN 2013 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7015 No ce of Authorized Disclosure of Informa on for Li ga on

Support

JAN 2023

252.204-7016 Covered Defense Telecommunica ons Equipment or Services-- Representa on

DEC 2019

252.204-7017 Prohibi on on the Acquisi on of Covered Defense Telecommunica ons Equipment or Services—Representa on

MAY 2021

252.204-7018 Prohibi on on the Acquisi on of Covered Defense Telecommunica ons Equipment or Services

JAN 2023

252.204-7019 No ce of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.223-7008 Prohibi on of Hexavalent Chromium JAN 2023 252.225-7000 Buy American Act-Balance of Payments Program Cer ficate FEB 2024 252.225-7001 Buy American and Balance of Payments Program—Basic JAN 2023 252.225-7036 Buy American—Free Trade Agreements--Balance of Payments

Program—Basic

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representa on Regarding Business Opera ons with the Maduro

Regime

MAY 2022

252.225-7056 Prohibi on Regarding Business Opera ons with the Maduro Regime

JAN 2023

252.225-7060 Prohibi on on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7972 Prohibi on on the Procurement of Foreign-Made Unmanned Aircra Systems. (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 Prohibi on on the Procurement of Foreign-Made Unmanned Aircra Systems—Representa on. (DEVIATION 2020-O0015)

MAY 2020

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7017 No ce of Supply Chain Risk DEC 2022 252.239-7018 Supply Chain Risk DEC 2022 252.246-7003 No fica on of Poten al Safety Issues JAN 2023 252.246-7007 Contractor Counterfeit Electronic Part Detec on and Avoidance

System

JAN 2023

252.247-7023 Transporta on of Supplies by Sea—Basic JAN 2023

Provisions and Clauses by Full-Text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

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.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act 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—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal 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—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ 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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror 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.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the 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:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered 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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service 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.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered 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

(B) If not associated with maintenance, the PSC of the service 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)(2) of this provision.

(End of provision)

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

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/these address(es):

www.acquisition.gov

(End of clause)

52.252-3 Altera ons in Solicita on.

As prescribed in 52.107(c), insert the following provision in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation. Include clear identification of what is being-altered.

ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

(End of clause)

52.252-4 Altera ons in Contract.

As prescribed in 52.107(d), insert the following clause in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitation that apply after contract award, except for any clause authorized for use with a deviation. Include clear identification of what is being altered.

ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-5 Authorized Devia ons in Provisions.

As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.

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 Department of Defense Federal Acquisition Regulation Supplement](48 CFR Chapter2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 Authorized Devia ons in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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 Department of Defense Federal Acquisition Regulations 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)