Provisions and Clauses.pdf

Commercial Supplies/services Solicitation Provisions and Contract Clauses (FAR 12.205)

Provisions

☒52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

(Deviation)

☒FAR 52.212-2, Evaluation—Commercial Products and Commercial Services (Deviation) 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. Past Performance: The offeror's demonstrated experience performing similar alignment services on similar vessels.

2. Technical Capability: The offeror's technical narrative demonstrating a clear understanding of the SOW requirements and a sound technical approach.

3. Price: The Government will evaluate the offeror's total firm-fixed-price for CLIN 0001 for fairness and reasonableness.

Evaluation factors other than price when combined are [significantly more important than price

☒52.216-1 Type of Contract (Deviation)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

(End of provision)

☐52.217-3 Evaluation Exclusive of Options (APR 1984)

☐552.217-4 Evaluation of Options Exercised at Time of Contract Award (Deviation)

☐52.217-5 Evaluation of Options (Deviation)

☒52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (Deviation)

(a) The Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

☐52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2024)

☒52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation (Jan 2024)

☒52.204-7 System For Award Management – Registration (Deviation)

☐52.204-7 w/ Alt I System for Award Management – Registration, with Alternate I (Deviation)

☐52.204-90 Offeror Identification (Deviation)

☐52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming

Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024)

Conviction under any Federal Law (Deviation)

☐52.209-12 Certification Regarding Tax Matters (Oct 2025)

☐52.219-2 Equal Low Bids (Deviation)

☐52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb

2021)

☐52.222-48 Exemption from Application of the Service Contract Labor Standards for

Maintenance, Calibration, or Repair of Certain Equipment–Certification (Deviation)

☐52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain

Services-Certification (Deviation)

☐52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Deviation)

☐52.223-4 Recovered Material Certification (May 2008)

☐52.225-2 Buy American Certificate (Oct 2022)

☐52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Deviation)

☐52.225-6 Trade Agreements – Certificates (Feb 2021)

☐52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification

(Aug 2009)

☒52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications

☐52.226-3 Disaster or Emergency Area Representation (Nov 2007)

☐52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Deviation)

☐52.240-90 Security Prohibitions and Exclusions Representations and Certifications

52.252-1 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/far-overhaul-part-52

Clauses

Flow down to resulting Contract

☐52.232-18 Availability of Funds (Apr 1984)

☒52.232-39 Unenforceability of Unauthorized Obligations

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/these address(es):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

☒52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Deviation)

☐52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government (Jun 2020)

☐52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

☐52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

☒52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017)

☐52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

☐52.204-13 System for Award Management – Maintenance (Deviation)

☐52.204-91 Contractor Identification (Deviation)

☐52.209-6 – Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Deviation)

☐52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters

(Deviation)

☒52.209-10 – Prohibition on Contracting with Inverted Domestic Corporations (Deviation)

☐52.219-4 – Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Deviation)

☒52.219-6 – Notice of Total Small Business Set-Aside (Deviation)

☐52.219-6 with Alt I – Notice of Total Small Business Set-Aside, with Alternate I (Deviation)

☐52.219-8 – Utilization of Small Business Concerns (Deviation)

☐52.219-9 – Small Business Subcontracting Plan (Deviation)

☐52.219-9 with Alt I – Small Business Subcontracting Plan, with Alternate I

☐52.219-9 with Alt II – Small Business Subcontracting Plan, with Alternate II

☐52.219-9 with Alt III – Small Business Subcontracting Plan, with Alternate III

☐52.219-9 with Alt IV – Small Business Subcontracting Plan, with Alternate IV

☒52.219-14 – Limitations on Subcontracting (Deviation)

☐52.219-16 – Liquidated Damages—Subcontracting Plan (Deviation)

☐52.219-33 – Nonmanufacturer Rule (Deviation)

☒52.222-3 – Convict Labor (Deviation)

☐52.222-19 – Child Labor—Cooperation with Authorities and Remedies (Deviation)

☐52.222-35 – Equal Opportunity for Veterans (Deviation)

☐52.222-35 with Alt I – Equal Opportunity for Veterans, with Alternate I

☒52.222-36 – Equal Opportunity for Workers with Disabilities (Deviation)

☐52.222-36 with Alt I – Equal Opportunity for Workers with Disabilities, with Alternate I

☐52.222-37 – Employment Reports on Veterans

☐52.222-40 – Notification of Employee Rights Under the National Labor Relations Act

☒52.222-41 – Service Contract Labor Standards (Deviation)

☒52.222-42 – Statement of Equivalent Rates for Federal Hires (May 2014)

☐52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (Multiple Year and Option Contracts) (Deviation)

☐52.222-44 – Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment

☒52.222-50 – Combating Trafficking in Persons (Deviation)

☐52.222-50 with Alt I – Combating Trafficking in Persons, with its Alternate I

☐52.222-51 – Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements

☐52.222-53 – Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services—Requirements

☐52.222-54 – Employment Eligibility Verification (Deviation)

☒52.222-62 – Paid Sick Leave Under Executive Order 13706 (Deviation)

☐52.223-9 – Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008)

☐52.223-9 with Alt I – Estimate of Percentage of Recovered Material Content for EPA-

Designated Items, with Alternate I

☐52.223-11 – Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Deviation)

☐52.223-12 – Maintenance (Deviation)

☐52.223-20 – Aerosols (May 2024)

☐52.223-21 – Foams (May 2024)

☐52.223-23 – Sustainable Products and Services (Deviation)

☐52.224-3 – Privacy Training (Jan 2017)

☐52.224-3 with Alt I – Privacy Training, with Alternate I (Jan 2017)

☐52.225-1 – Buy American—Supplies (Deviation)

☐52.225-1 with Alt I – Buy American—Supplies, with Alternate I (Deviation)

☐52.225-3 – Buy American—Free Trade Agreements—Israeli Trade Act (Deviation)

☐52.225-3 with Alt II – Buy American—Free Trade Agreements—Israeli Trade Act, with

Alternate II (Deviation)

☐52.225-3 with Alt III – Buy American—Free Trade Agreements—Israeli Trade Act, with

Alternate III (Deviation)

☐52.225-3 with Alt IV – Buy American—Free Trade Agreements—Israeli Trade Act, with

Alternate IV (Deviation)

☐52.225-5 – Trade Agreements (Nov 2023)

☐52.225-19 – Contractor Personnel in a Designated Operational Area or Supporting a

Diplomatic or Consular Mission Outside the United States (May 2020)

☐52.225-26 – Contractors Performing Private Security Functions Outside the United States (Oct

2016)

☐52.226-4 – Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

☐52.226-5 – Restrictions on Subcontracting Outside Disaster or Emergency Area (Deviation)

☐52.226-8 – Encouraging Contractor Policies to Ban Text Messaging While Driving (May

2014)

☐52.229-12 – Tax on Certain Foreign Procurements (Deviation)

☐52.232-29 – Terms for Financing of Commercial Products and Commercial Services (Nov

2021)

☐52.232-30 – Installment Payments of Commercial Products and Commercial Services (Nov

2021)

☒52.232-33 – Payment by Electronic Funds Transfer—System for Award Management (Oct

2018)

☐52.232-34 – Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013)

☐52.232-36 – Payment by Third Party

☐52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

☒52.232-90 – Fast Payment Procedure (Deviation)

☒52.233-1 – Disputes (Deviation)

☒52.233-3 – Protest After Award (Deviation)

☒52.233-4 – Applicable Law for Breach of Contract Claim (Deviation)

☒52.240-91 – Security Prohibitions and Exclusions (Deviation)

☐52.240-91 with Alt I – Security Prohibitions and Exclusions, with Alternate I (Deviation)

☐52.240-92 – Security Requirements (Deviation)

☐52.240-92 with Alt II – Security Requirements, with Alternate II (Deviation)

☐52.240-93 – Basic Safeguarding of Covered Contractor Information Systems (Deviation)

☒52.244-6 – Subcontracts for Commercial Products and Commercial Services (Deviation)

☐52.247-64 – Preference for Privately Owned U.S.-Flag Commercial Vessels

☐52.247-64 with Alt I – Preference for Privately Owned U.S.-Flag Commercial Vessels, with

Alternate I (Apr 2003)

☐52.247-64 with Alt II – Preference for Privately Owned U.S.-Flag Commercial Vessels, with

Alternate II (Nov 2021)