Provisions and Clauses_s.pdf

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Attached to
HEAT EXCHANGER
Solicitation number
70ZU0227P40001B00
Issued by
Not on record

About this file

This document is a compilation of Federal Acquisition Regulation (FAR) provisions and clauses applicable to a commercial products and commercial services solicitation. The document lists FAR provisions required in the solicitation phase, including representations and certifications related to small business programs, Buy American compliance, System for Award Management (SAM) registration, inverted domestic corporation prohibitions, and Federal Acquisition Supply Chain Security Act (FASCSA) orders. Key provisions include FAR 52.219-1 for small business program representations, FAR 52.225-2 for Buy American certificates, FAR 52.204-29 regarding FASCSA order representation and disclosures, and FAR 52.212-3 for offeror representations and certifications for commercial products and services.

The document also identifies FAR clauses incorporated by reference into the contract, which carry the same force and effect as if stated in full text. These clauses address compliance requirements spanning employment practices (equal opportunity, veterans, workers with disabilities, anti-trafficking), environmental regulations (hazardous materials, pollution prevention, ozone-depleting substances, sustainable products), foreign purchase restrictions, Buy American requirements, payment terms (prompt payment, electronic funds transfer, small business acceleration), and dispute resolution procedures. The clauses reference their effective dates, ranging from 1991 to October 2025, and the document notes that SAM system updates may require representations based on provisions not included in the specific agency solicitation.

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FAR PROVISIONS FOR SOLICITATION

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017)

FAR 52.204-7, System for Award Management (NOV 2024)

FAR 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020)

FAR 52.204-17, Ownership or Control of Offeror (AUG 2020)

FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation (NOV 2015)

FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)

FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (NOV 2023)

FAR 52.219-1, Small Business Program Representations (JAN 2025)

FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)

FAR 52.225-2, Buy American Certificate (OCT 2022)

FAR 52.204-29 — Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023)

(a) Definitions. As used in this provision—

“Covered article” means any information technology or operational technology, product, service, or system, including hardware, software, or firmware, that is the subject of a Federal Acquisition Security Council exclusion or removal order.

“Federal Acquisition Security Council” means the council established pursuant to section 1322(a) of title 41, United States Code.

“FASCSA order” means an exclusion or removal order issued pursuant to the Federal Acquisition Supply Chain Security Act of 2018 (41 U.S.C. 4713).

(b) Representation. The Offeror represents that—

(1) It ☐ is, ☐ is not subject to an active exclusion or removal order issued pursuant to the Federal Acquisition

Supply Chain Security Act of 2018.

(2) If the Offeror represents that it “is” subject to such an order, the Offeror shall—

(i) Identify the covered article(s); and

(ii) Provide any additional information required by the Contracting Officer.

(c) Disclosure. If the Offeror becomes subject to an exclusion or removal order after submission of its offer, the Offeror shall disclose that information to the Contracting Officer immediately.

FAR CLAUSES

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 the following address:

https://www.acquisition.gov/browse/index/far

FAR Clauses Incorporated by Reference

FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017)

FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

FAR 52.204-7, System for Award Management (NOV 2024)

FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

FAR 52.204-19, Incorporation by Reference of Representations and Certifications (DEC 2014)

FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023)

FAR 52.204-29, Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (DEC 2023)

FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023)

FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)

FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (OCT 2025)

FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)

FAR 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025)

FAR 52.219-33, Nonmanufacturer Rule (SEP 2021)

FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015)

FAR 52.222-26, Equal Opportunity (SEP 2016)

FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020)

FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

FAR 52.222-37, Employment Reports on Veterans (JUN 2020)

FAR 52.222-50, Combating Trafficking in Persons (OCT 2025)

FAR 52.223-3, Hazardous Material Identification and Material Safety Data (FEB 2021)

FAR 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2024)

FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024)

FAR 52.223-20, Aerosols (MAY 2024)

FAR 52.223-21, Foams (MAY 2024)

FAR 52.223-23, Sustainable Products and Services (MAY 2024)

FAR 52.225-1, Buy American—Supplies (OCT 2022)

FAR 52.225-2, Buy American Certificate (OCT 2022)

FAR 52.225-8, Duty-Free Entry (OCT 2025)

FAR 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021)

FAR 52.232-25, Prompt Payment (JAN 2017)

FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

FAR 52.233-3, Protest After Award (AUG 1996)

FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

FAR 52.247-34, F.O.B. Destination (JAN 1991)

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, paragraph (d) of 52.212-3, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services, and 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

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