RFO 12.205_Provsions & Clauses FFP Supply.pdf

RFO PART 12 - ACQUISITION OF COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

12.205 Solicitation Provisions and Contract Clauses

Required Provisions:

☒ 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services, in solicitations for commercial products and commercial services.

☐ 52.212-2 Evaluation—Commercial Products and Commercial Services

☒ 52.252-1 Solicitation Provisions Incorporated by Reference.

Provisions to Include as Prescribed:

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

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

☒ 52.204-7 System for Award Management— Registration

☐ 52.204-7 with Alt I System for Award Management— Registration, with Alternate I

☐ 52.204-90 Offeror Identification

☐ 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

☐ 52.209-12 Certification Regarding Tax Matters

☐ 52.219-2 Equal Low Bids

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

☐ 52.222-48 Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification

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

☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

☐ 52.223-4 Recovered Material Certification

Gittings, Patrick R CWO-3 In all solicitations for commercial products and services. This provision may be tailored to reflect customary commercial practice, except the paragraph on Debriefings, which is required by statute.

Gittings, Patrick R CWO-3 When using the procedures in 12.201-2. This provision may also be used when using the simplified procedures at 12.201-1. This provision should be tailored for the acquisition and must include all evaluation factors and criteria for award.

Gittings, Patrick R CWO-3 The contracting officer shall insert the provision at 52.252-1, Solicitation Provisions Incorporated by Reference, in solicitations in order to incorporate provisions by reference.

Gittings, Patrick R CWO-3 The solicitation provision at 52.204-90 is used in lieu of the solicitation provision at 52.204-7 if the solicitation will not require offerors to be registered in the System for Award Management (see policy at 4.203-2). When 52.204-90 is used, also include the individual provisions listed in paragraph (c)(1) of 52.204-7, System for Award Management—Registration, in the solicitation as applicable based on the provision prescriptions (see 4.208(c)).

☒ 52.225-2 Buy American Certificate

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

☐ 52.225-6 Trade Agreements-Certificate

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

☒ 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

☐ 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation

☒ 52.240-90 Security Prohibitions and Exclusions Representations and Certifications

Required Clauses:

☒ 52.212-4 Terms and Conditions—Commercial Products and Commercial Services

☒ 52.252-2 Clauses Incorporated by Reference

Clauses to Include as Prescribed:

☐ 52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government

☐ 52.203-13 Contractor Code of Business Ethics and Conduct

☐ 52.203-17 Contractor Employee Whistleblower Rights

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

☐ 52.204-9 Personal Identity Verification of Contractor Personnel

☒ 52.204-13 System for Award Management— Maintenance

☒ 52.204-91 Contractor identification

☐ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

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

Gittings, Patrick R CWO-3 In all solicitations and contracts for commercial products and commercial services.

(i) Use the clause with its Alternate I when expecting to award a time-and-materials or labor-hour contract or when expecting that orders will include time-and-material line items.

(ii) This clause may be tailored to reflect customary commercial practice, with the exception of the following paragraphs that implement statute: Assignments, Disputes, Payment, Invoice, Compliance with laws unique to Government contracts, Unauthorized obligations, and Comptroller General examination of records.

(iii) Remove the paragraph on Comptroller General examination of records if the agency head has waived this requirement according to the procedures for waivers of right to examination of records in part 25.

Gittings, Patrick R CWO-3 The contracting officer shall insert the clause at 52.252-2, Clauses Incorporated by Reference, in solicitations and contracts in order to incorporate clauses by reference.

In solicitations and contracts where the contract value exceeds $45,000.

☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

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

☒ 52.219-6 Notice of Total Small Business Set Aside

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

☐ 52.219-8 Utilization of Small Business Concerns

☐ 52.219-9 Small Business Subcontracting Plan

☐ 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

☐ 52.219-16 Liquidated Damages—Subcontracting Plan

☐ 52.219-33 Nonmanufacturer Rule

☒ 52.222-3 Convict Labor EO 52.222-19 Child Labor—Cooperation with Authorities and Remedies

☒ 52.222-19 Child Labor-Cooperation with Authorities and Remedies.

☐ 52.222-35 Equal Opportunity for Veterans

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

☒ 52.222-36 Equal Opportunity for Workers with Disabilities

☐ 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

☐ 52.222-42 Statement of Equivalent Rates for Federal Hires

Gittings, Patrick R CWO-3 In solicitations and contracts for acquisitions conducted using full and open competition.

Gittings, Patrick R CWO-3 In solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set aside for any of the small business concerns identified in 19.000(a)(3), as described in 8.405-5 and 16.505(b)(2)(i)(F). Use the clause at 52.219-6 with its Alternate I when including FPI in the competition in accordance with 19.502-7.

Gittings, Patrick R CWO-3 For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value.

Gittings, Patrick R CWO-3 In solicitations and contracts, including multiple-award contracts, when orders may be set aside for small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in 19.504(c)(1)(ii)), when— (i)the item being acquired has been assigned a manufacturing or supply NAICS code, and– (ii) (A)Any portion of the requirement is to be– (1)Set aside for small business and is expected to exceed the simplified acquisition threshold; or (2)Set aside or awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value; or

(B) Using the HUBZone price evaluation preference. However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.

(2)The contracting officer shall not insert the clause at 52.219-33 when the Small Business Administration has waived the nonmanufacturer rule (see 19.505(c)(4)).

In all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold.

☐ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)

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

☒ 52.222-50 Combating Trafficking in Persons

☐ 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

☐ 52.222-62 Paid Sick Leave Under Executive Order 13706

☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors

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

☐ 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

☐ 52.223-12 Maintenance

☐ 52.223-20 Aerosols

☐ 52.223-21 Foams

☒ 52.223-23 Sustainable Products and Services

☐ 52.224-3 Privacy Training

☐ 52.224-3 with Alt I Privacy Training, with Alternate I

☒ 52.225-1 Buy American-Supplies

☐ 52.225-1 with Alt I Buy American-Supplies, with Alternate I

Gittings, Patrick R CWO-3 In solicitations and contracts for-

(i) Refrigeration equipment (in product or service code (PSC) 4110);

(ii) Air conditioning equipment (PSC 4120);

(iii) Clean agent fire suppression systems/equipment ( e.g., installed room flooding systems, portable fire extinguishers, aircraft/tactical vehicle fire/explosion suppression systems) (in PSC 4210);

(iv) Bulk refrigerants and fire suppressants (in PSC 6830);

(v) Solvents, dusters, freezing compounds, mold release agents, and any other miscellaneous chemical specialty that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 6850);

(vi) Corrosion prevention compounds, foam sealants, aerosol mold release agents, and any other preservative or sealing compound that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 8030);

(vii) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); and

(viii) Any other manufactured end products that may contain or be manufactured with ozone-depleting substances.

Gittings, Patrick R CWO-3 In solicitations and contracts that include the maintenance, service, repair, or disposal of-

(i) Refrigeration equipment, such as refrigerators, chillers, or freezers; or

(ii) Air conditioners, including air conditioning systems in motor vehicles.

Gittings, Patrick R CWO-3 In solicitations and contracts—

(i) For products that may contain high global warming potential hydrofluorocarbons as a propellant, or as a solvent; or

(ii) That involve maintenance or repair of electronic or mechanical devices.

Gittings, Patrick R CWO-3 In solicitations and contracts for—

(i) Products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent, such as building foam insulation or appliance foam insulation; or

(ii) Construction of buildings or facilities.

Gittings, Patrick R CWO-3 in solicitations and contracts—

(1) Unless—

(i) The requiring activity has provided a written justification that it is not practicable to procure sustainable products and services (see 23.104(a));

(ii) An exception under 23.105 applies; or

(iii) An exemption under 23.106 applies; and

(2) The scope of the written justification, exception, or exemption covers the entirety of the contract action requirements.

Gittings, Patrick R CWO-3 In solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $50,000; and in solicitations and contracts with a value exceeding $50,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except if-

(A) The solicitation is restricted to domestic end products in accordance with subpart 6.3;

(B) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies (e.g., nonavailability, public interest, or information technology that is a commercial product); or

(C) The acquisition is for supplies for use outside the United States.

☐ 52.225-3 Buy American-Free Trade Agreements Israeli Trade Act

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

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

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

☐ 52.225-5 Trade Agreements

☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States

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

☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside

☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

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

☐ 52.229-12 Tax on Certain Foreign Procurements

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

☐ 52.232-30 Installment Payments of Commercial Products and Commercial Services

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

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

☐ 52.232-36 Payment by Third Party

☒ 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

☐ 52.232-90 Fast Payment Procedure

☒ 52.233-3 Protest After Award

☒ 52.233-4 Applicable Law for Breach of Contract Claim

☒ 52.240-91 Security Prohibitions and Exclusions

Gittings, Patrick R CWO-3 in solicitations and contracts if-

(A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $50,000; or more, but is less than $174,000;

(B) The acquisition is not for information technology that is a commercial product, using fiscal year 2004 or subsequent fiscal year funds; and

(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli Trade Act (see 25.406), see agency regulations.

(ii) If the acquisition value is $50,000 or more but is less than $100,000, use the clause with its Alternate II.

(iii) If the acquisition value is $100,000 or more but is less than $105,767, use the clause with its Alternate III.

(iv) The contracting officer shall use the clause with its Alternate IV to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.102(d). For contracts that the contracting officer estimates will be awarded in calendar year 2022 or 2023, the contracting officer shall insert “60” in paragraph (1)(ii)(A) of the definition of “domestic end product.” For contracts that the contracting officer estimates will be awarded in calendar year 2024, 2025, 2026, 2027, or 2028, the contracting officer shall insert “65”. For contracts that the contracting officer estimates will be awarded after calendar year 2028 the contracting officer shall insert “75”.

Gittings, Patrick R CWO-3 If payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card, then the contracting officer shall insert the clause at 52.232-36.

Gittings, Patrick R CWO-3 In all solicitations and contracts.

Gittings, Patrick R CWO-3 In all solicitations and contracts. If a cost reimbursement contract is contemplated, the contracting officer shall use the clause with its Alternate I.

Gittings, Patrick R CWO-3 In all solicitations and contracts.

In all solicitations and contracts. (c) Insert the clause with its Alternate I in (1) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts; and (2) Where the program office or the requiring activity instructs the contracting officer to select specific types of FASCSA orders

☐ 52.240-91 with Alt I Security Prohibitions and Exclusions, with Alternate I

☐ 52.240-92 Security Requirements

☐ 52.240-92 with Alt II Security Requirements with Alternate II

☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems

☒ 52.244-6 Subcontracts for Commercial Products and Commercial Services

☐ 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

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

In all solicitations and contracts .