Provisions and Clauses.pdf

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Attached to
Breathing Air Systems and Compressor / Air Dryer Preventative Maintenance
Solicitation number
W50S8D26Q1C8F
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About this file

This file is a list of Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions and clauses applicable to a Department of Defense procurement. The document does not specify products or services required, response dates, award dates, pricing terms, or set-asides, as it consists solely of regulatory clauses and references.

The clauses cover standard federal contracting requirements including small business representations, labor standards, equal opportunity compliance, security and cybersecurity controls, Buy American provisions, prohibited business activities, and payment procedures. Notable clauses address trafficking in persons prevention, minimum wage requirements, paid sick leave, diversity and inclusion compliance, covered defense telecommunications equipment restrictions, Xinjiang Uyghur Autonomous Region procurement prohibitions, and foreign unmanned aircraft system restrictions. Two substantive contract terms are included: FAR 52.217-5 permits the Government to evaluate options for award purposes without obligation to exercise them, and FAR 52.217-9 allows contract extension by written notice within 30 days of expiration with preliminary notice at least 60 days prior, with a maximum total contract duration of five years. Several clauses are noted as containing authorized deviations indicated by deviation numbers in the format 2026-O0038 or 2024-O0013.

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The following RFO FAR provisions/clauses are applicable to this procurement:

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation;

FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements;

FAR 52.204-7 System for Award Management;

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards;

FAR 52.204-13 System for Award Management Maintenance (Deviation 2026-O0038);

FAR 52.204-19 Incorporation by Reference of Representations and Certifications;

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations— Representation;

FAR 52.209-6 Protecting the Government's interests when subcontracting with contractors debarred, suspended or proposed debarment;

FAR 52.209-10 Prohibition on contracting with inverted and domestic corporations;

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law;

FAR 52.212-1 Instructions to Offerors;

FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Deviation 2026-O0038);

FAR 52.219-1 Small Business Program Representations;

FAR 52.219-6 Notice of Total Small Business Set-Aside (Deviation 2026-O0038);

FAR 52.219-28 Post-Award Small Business Representation;

FAR 52.222-3 Convict Labor;

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Deviation 2026-O0038);

FAR 52.222-41 Service Contract Labor Standards;

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires;

FAR 52.222-50 Combating Trafficking in Persons;

FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026;

FAR 52.222-62 Paid Sick Leave under Exec Order 13706;

FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation 2026-O0038);

FAR 52.223-23 Sustainable Products (Deviation 2026-O0038);

FAR 52.223-5 Pollution Prevention and Right-to-Know information;

FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving;

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

FAR 52.232-39 Unenforceability of Unauthorized Obligations;

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors;

FAR 52.233-1 Disputes;

FAR 52.233-3 Protest After Award;

FAR 52.233-4 Applicable Law for Breach of Contract Claim;

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation;

FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications;

FAR 52.240-91 Security Prohibitions and Exclusions;

FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (Deviation 2026 O0038);

FAR 52.252-2 Clauses incorporated by reference;

FAR 52.252-3 Alterations In Solicitation;

FAR 52.252-5 Authorized Deviations in Provisions;

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials;

DFARS 252.203-7002 Requirement to inform Employees of Whistleblower rights;

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials;

DFARS 252.204-7003 Control of Government Personnel Work Product;

DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors;

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls;

DFARS 252.204-7009 Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information;

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(DEVIATION 2024-O0013);

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support;

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services- Representation;

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation;

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services;

DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System;

DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials;

DFARS 252.225-7001 Buy American and Balance of Payments Program;

DFARS 252.225-7012 Preference for Certain Domestic Commodities;

DFARS 252.225-7031 Secondary Arab Boycott of Israel;

DFARS 252.225-7048 Export Controlled Items;

DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime;

DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime;

DFARS 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation;

DFARS 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region;

DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2024-O0014)

DFARS 252.232-7003 Electronic Submission of Payment Requests;

DFARS 252.232-7004 DoD Progress Payment Rates;

DFARS 252.232-7006 Wide Area Workflow Payment Instructions;

DFARS 252.232-7010 Levies on Contract Payments;

DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel;

DFARS 252.243-7001 Pricing of Contract Modifications;

DFARS 252.244-7000 Subcontracts for Commercial Items;

DFARS 252.247-7023 Transportation of Supplies by Sea;

Full text clauses may be accessed electronically at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide;

https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html.

FAR 52.217-5 EVALUATION OF OPTIONS

Except when it is determined in accordance with FAR 17.202(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of clause)

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (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 Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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