Solicitation - FA303020Q0016.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA303020Q0016

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Replace Interior Lighting - B3453: Provide all labor, equipment, materials, and incidentals necessary to remove and dispose of fluorescent and high bay light bulbs/fixtures and replace with Light Emitting Diode (LED) equivalents in Building 3453 (Main Building and Mezzanine) in accordance with attached Statement of Work.

Product Service Code: 6210 Firm Fixed Price

CIN: 00000000000005360518

1.0 Job

Replace Exterior Lighting: Provide all labor, equipment, materials, and incidentals necessary to remove and dispose of exterior roadway high pressure sodium lighting fixtures and replace with LED equivalents throughout Goodfellow Air Force Base in accordance with attached Statement of Work.

Product Service Code: 6210 Firm Fixed Price

CIN: 00000000000005360519

1.0 Job

Option Line Item

(Additive CLIN) Replace Interior Lighting

- B140: Provide all labor, equipment, materials, and incidentals necessary to remove and dispose of fluorescent light bulbs/ fixtures and replace with LED equivalents in Building 140 (Main Building and Annex) in accordance with attached Statement of Work. Product Service Code:

Product Service Code: 6210 Firm Fixed Price

CIN: 00000000000005360520

1.0 Job

Option Line Item

(Additive CLIN) Replace Interior Lighting

- B526: Provide all labor, equipment, materials, and incidentals necessary to remove and dispose of fluorescent light bulbs/ fixtures and replace with LED equivalents in Building 526 in accordance with attached Statement of Work.

Product Service Code: 6210 Firm Fixed Price

CIN: 00000000000005360521

1.0 Job

Option Line Item

(Additive CLIN) Replace Interior Lighting

- B723: Provide all labor, equipment, materials, and incidentals necessary to remove and dispose of fluorescent light bulbs/fixtures and replace with LED equivalents in Building 723 in accordance with attached Statement of Work.

Product Service Code: 6210

1.0 Job

Firm Fixed Price

CIN: 00000000000005360522

Option Line Item

(Additive CLIN) Replace Interior Lighting

- B906: Provide all labor, equipment, materials, and incidentals necessary to remove and dispose of fluorescent light bulbs/fixtures and replace with LED equivalents in Building 906 in accordance with attached Statement of Work.

Product Service Code: 6210 Firm Fixed Price

CIN: 00000000000005360523

1.0 Job

Description/Specifications/Statement of Work

Requirements LED Lighting Retrofit

Packaging and Marking

None.

This page intentionally left blank.

Inspection and Acceptance

0001 Inspection and Acceptance Location Both Destination Instructions: Inspection and acceptance by Government project manager.

DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

0002 Inspection and Acceptance Location Both Destination Instructions: Inspection and acceptance by Government project manager.

DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

Option Line Item 0003 Inspection and Acceptance Location Both Destination Instructions: Inspection and acceptance by Government project manager.

DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

Option Line Item 0004 Inspection and Acceptance Location Both Destination Instructions: Inspection and acceptance by Government project manager.

DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

Option Line Item 0005 Inspection and Acceptance Location Both Destination Instructions: Inspection and acceptance by Government project manager.

DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

Option Line Item 0006

Inspection and Acceptance Location Both Destination Instructions: Inspection and acceptance by Government project manager.

DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

Deliveries or Performance

Contractor Destination

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 90 Calendar Days Date of Award Receipt

Ship To DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS

PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW

AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

FoB Details

Contractor Destination

Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 90 Calendar Days Date of Award Receipt

Ship To DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS

PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW

AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

FoB Details

Contractor Destination

Option Line Item 0003 Delivery Schedule Ship To Address

Ship To DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

FoB Details

Contractor Destination

Delivery Schedule From date of lead time event to delivery 90 Calendar Days

Completion of CLIN 0002

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS

PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW

AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

Option Line Item 0004 Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 90 Calendar Days

Completion of CLIN 0003

Ship To DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS

PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW

AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

FoB Details

Contractor Destination

Option Line Item 0005 Delivery Schedule Ship To Address

Delivery Schedule From date of lead time event to delivery 90 Calendar Days

Completion of CLIN 0004

Ship To DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS

PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW

AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

FoB Details

Contractor Destination

Option Line Item 0006 Delivery Schedule Ship To Address FoB Details

Delivery Schedule From date of lead time event to delivery 90 Calendar Days

Completion of CLIN 0005

Ship To DoDAAC: F1Z312 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

17 CES CERF RA

AF BPN NO MILSBILLS

PROCESSES

460 EAST KEARNEY BLVD

GOODFELLOW

AFB, TX 76908 4104

United States

OfficeCode:

Gavin Wright Telephone: 325-654-5470 Email: gavin.wright@us.af.mil

Contractor Destination

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. 2019-02

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause- Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.

S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TOTAL ____ ____ ____

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

2-in1 (Combo)

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2-in1 (Combo)

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA303

Admin DoDAAC FA303

Inspect By DoDAAC F1Z312

Ship To Code F1Z312

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) FA3030 Plus six Ext. F1Z312

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

micheal.scott.3@us.af.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

None.

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Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. 2006-09

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

2017-01

52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-6 Deviation 2019-O0003 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11 52.219-14 Deviation 2019-O0003 Limitations on Subcontracting (DEVIATION 2019-O0003) 2017-01 52.232-18 Availability of Funds. 1984-04 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7004 Antiterrorism Awareness Training for Contractors. 2019-02 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten. 2019-12 252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7008 Sources of Electronic Parts. 2018-05

AFFARS Clauses Incorporated by Reference

Number Title Effective Date 5352.223-9001 Health and Safety on Government Installations 11/1/2012

FAR Clauses Incorporated by Full Text

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02

As prescribed in (d), insert the following provision:9.104-7

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) 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

Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is (2) 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.

The Offeror represents that-(b)

It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative (1) 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

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

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-

As prescribed in , insert the following clause:12.301(b)(4)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(JAN 2020)

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, (1) Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities ( 2018) (Section 1634 of Pub. L. 115-91).Jul

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ( 2019) (3) Aug (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations ( 2015).(4) Nov

52.233-3, Protest After Award ( 1996) (31 U.S.C. 3553).(5) Aug

52.233-4, Applicable Law for Breach of Contract Claim ( (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(6) Oct 2004)

The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government ( 2006), with Alternate I ( 1995) (41 U.S.C. 4704 and 10 U. ____ (1) Sept Oct

S.C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct ( 2015) (41 U.S.C. 3509)). ____ (2) Oct

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 ( 2010) (Section 1553 of XX (3) June

Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards ( 2018) (Pub. L. 109-282) (31 U.S. XX (4) Oct

C. 6101 note).

[Reserved]. ____ (5)

52.204-14, Service Contract Reporting Requirements ( 2016) (Pub. L. 111-117, section 743 of Div. C). ____ (6) Oct

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts ( 2016) (Pub. L. 111-117, section 743 of ____ (7) Oct

Div. C).

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for XX (8)

Debarment. ( 2015) (31 U.S.C. 6101 note).Oct

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters ( 2018) (41 U.S.C. 2313). XX (9) Oct

[Reserved]. ____ (10)

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( 2011) (15 U.S.C.657a).(i) Nov

Alternate I ( 2011) of 52.219-3. ____ (ii) Nov

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( 2014) (if the offeror elects to (i) Oct waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

Alternate I ( 2011) of 52.219-4. ____ (ii) Jan

[Reserved] ____ (13)

XX (14) 52.219-6, Notice of Total Small Business Set-Aside ( 2011) (15 U.S.C.644).(i) Nov

Alternate I ( 2011). XX (ii) Nov

Alternate II ( 2011). ____ (iii) Nov

____ (15) 52.219-7, Notice of Partial Small Business Set-Aside ( 2003) (15 U.S.C. 644).(i) June

Alternate I ( 1995) of 52.219-7. ____ (ii) Oct

Alternate II ( 2004) of 52.219-7. ____ (iii) Mar

52.219-8, Utilization of Small Business Concerns ( 2018) (15 U.S.C. 637(d)(2) and (3)). XX (16) Oct

____ (17) 52.219-9, Small Business Subcontracting Plan ( 2018) (15 U.S.C. 637(d)(4))(i) Aug

Alternate I ( 2016) of 52.219-9. ____ (ii) Nov

Alternate II ( 2016) of 52.219-9. ____ (iii) Nov

Alternate III ( 2016) of 52.219-9. ____ (iv) Nov

Alternate IV (Aug 2018) of 52.219-9 ____ (v)

52.219-13, Notice of Set-Aside of Orders ( 2011) (15 U.S.C. 644(r)). ____ (18) Nov

52.219-14, Limitations on Subcontracting ( 2017) (15 U.S.C.637(a)(14)). XX (19) Jan

52.219-16, Liquidated Damages-Subcontracting Plan ( 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (20) Jan

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( (15 U.S.C. 657f). XX (21) Oct 2019)

52.219-28, Post Award Small Business Program Rerepresentation ( 2013) (15 U.S.C. 632(a)(2)). XX (22) Jul

52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business ____ (23)

Concerns ( 2015) (15 U.S.C. 637(m)).Dec

52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- ____ (24)

Owned Small Business Program ( 2015) (15 U.S.C. 637(m)).Dec

52.222-3, Convict Labor ( 2003) (E.O.11755). ____ (25) June

(E.O.13126). XX (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

52.222-21, Prohibition of Segregated Facilities ( 2015). XX (27) Apr

XX (28) 52.222-26, Equal Opportunity ( 2016) (E.O.11246).(i) Sept

Alternate I ( 1999) of 52.222-26. ____ (ii) Feb

XX (29) 52.222-35, Equal Opportunity for Veterans ( 2015) (38 U.S.C. 4212).(i) Oct

Alternate I ( 2014) of 52.222-35. ____ (ii) July

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities ( 2014) (29 U.S.C.793).(i) Jul

Alternate I (July 2014) of 52.222-36. ____ (ii)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212). XX (31) Feb 2016

52.222-40, Notification of Employee Rights Under the National Labor Relations Act ( 2010) (E.O. 13496). XX (32) Dec

XX (33) 52.222-50, Combating Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O. 13627).(i) Jan

Alternate I ( 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Mar

52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of ____ (34) Oct 2015 commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items ( 2008) (42 U.S.C. 6962(c)(3)(i) May

(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Alternate I ( 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off- ____ (ii) May the-shelf items.)

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( 2016) (E.O. 13693). ____ (36) Jun

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ( 2016) (E.O. 13693). ____ (37) Jun

____ (38) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment ( ) (E.O.s 13423 and 13514).(i) Jun 2014

Alternate I ( 2015) of 52.223-13. ____ (ii) Oct

____ (39) 52.223-14, Acquisition of EPEAT?-Registered Televisions ( ) (E.O.s 13423 and 13514).(i) Jun 2014

Alternate I ( 2014) of 52.223-14. ____ (ii) Jun

52.223-15, Energy Efficiency in Energy-Consuming Products ( ) (42 U.S.C. 8259b). XX (40) Dec 2007

____ (41) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products ( ) (E.O.s 13423 and 13514).(i) Oct 2015

Alternate I ( 2014) of 52.223-16. ____ (ii) Jun

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( ) (E.O. 13513). XX (42) Aug 2011

52.223-20, Aerosols ( 2016) (E.O. 13693). ____ (43) Jun

52.223-21, Foams ( 2016) (E.O. 13693). ____ (44) Jun

____ (45) 52.224-3 Privacy Training ( 2017) (5 U.S.C. 552 a).(i) Jan

Alternate I ( 2017) of 52.224-3. ____ (ii) Jan

52.225-1, Buy American-Supplies ( 2014) (41 U.S.C. chapter 83). XX (46) May

____ (47) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act ( 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.(i) May

S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

Alternate I ( 2014) of 52.225-3. ____ (ii) May

Alternate II ( 2014) of 52.225-3. ____ (iii) May

Alternate III ( 2014) of 52.225-3. ____ (iv) May

( ) (19 U.S.C. 2501, ., 19 U.S.C. 3301 note). ____ (48) 52.225-5, Trade Agreements Oct 2019 et seq

52.225-13, Restrictions on Certain Foreign Purchases ( 2008) (E.O.'s, proclamations, and statutes administered by the Office of XX (49) June

Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States ( 2016) (Section 862, as amended, of ____ (50) Oct the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside ( 2007) (42 U.S.C. 5150). ____ (51) Nov

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area ( 2007) (42 U.S.C. 5150). ____ (52) Nov

52.232-29, Terms for Financing of Purchases of Commercial Items ( 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (53) Feb

52.232-30, Installment Payments for Commercial Items ( 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). ____ (54) Jan

52.232-33, Payment by Electronic Funds Transfer-System for Award Management ( 2018) (31 U.S.C. 3332). XX (55) Oct

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management ( 2013) (31 U.S.C.3332). ____ (56) Jul

52.232-36, Payment by Third Party ( 2014) (31 U.S.C.3332). ____ (57) May

52.239-1, Privacy or Security Safeguards ( 1996) (5 U.S.C. 552a). ____ (58) Aug

52.242-5, Payments to Small Business Subcontractors ( 2017) ____ (59) Jan (15 U.S.C. 637(d)(13)).

____ (60) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.(i) Feb

C. 2631).

Alternate I ( 2003) of 52.247-64. ____ (ii) Apr

Alternate II ( 2006) of 52.247-64. ____ (iii) Feb

The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ ]Contracting Officer check as appropriate.

52.222-17, Nondisplacement of Qualified Workers ( 2014)(E.O. 13495). ____ (1) May

52.222-41, Service Contract Labor Standards ( 2018) (41 U.S.C. chapter 67). ____ (2) Aug

52.222-42, Statement of Equivalent Rates for Federal Hires ( 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ____ (3) May

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) ( ____ (4)

2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).Aug

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment ( 2014) (29 U.S.C. 206 and 41 U. ____ (5) May

S.C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or ____ (6)

Repair of Certain Equipment-Requirements ( 2014) (41 U.S.C. chapter 67).May

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements ( ____ (7)

2014) (41 U.S.C. chapter 67).May

52.222-55, Minimum Wages Under Executive Order 13658 ( 2015). ____ (8) Dec

52.222-62, Paid Sick Leave Under Executive Order 13706 ( 2017) (E.O. 13706). ____ (9) Jan

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations ( 2014) (42 U.S.C. 1792). ____ (10) May

. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

52.203-13, Contractor Code of Business Ethics and Conduct ( 2015) (41 U.S.C. 3509).(i) Oct

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, of Small Business Concerns ( 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further (v) Utilization Oct subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-17, of Qualified Workers ( 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) (vi) Nondisplacement May of FAR clause 52.222-17.

52.222-21, of Segregated Facilities ( 2015).(vii) Prohibition Apr

52.222-26, Opportunity ( 2015) (E.O.11246).(viii) Equal Sept

52.222-35, Opportunity for Veterans ( 2015) (38 U.S.C.4212).(ix) Equal Oct

52.222-36, Opportunity for Workers with Disabilities ( 2014) (29 U.S.C.793).(x) Equal Jul

52.222-37, Reports on Veterans ( 2016) (38 U.S.C.4212)(xi) Employment Feb

52.222-40, of Employee Rights Under the National Labor Relations Act ( 2010) (E.O. 13496). Flow down required (xii) Notification Dec in accordance with paragraph (f) of FAR clause 52.222-40.

52.222-41, Contract Labor Standards ( 2018) (41 U.S.C. chapter 67).(xiii) Service Aug

(xiv) 52.222-50, Trafficking in Persons ( 2019) (22 U.S.C. chapter 78 and E.O 13627).(A) Combating Jan

Alternate I ( 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).(B) Mar

52.222-51, from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xv) Exemption Repair of Certain Equipment-Requirements ( 2014) (41 U.S.C. chapter 67).May

52.222-53, from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements ((xvi) Exemption 2014) (41 U.S.C. chapter 67).May

52.222-54, Eligibility Verification ( ) (E.O. 12989).(xvii) Employment Oct 2015

52.222-55, Wages Under Executive Order 13658 ( 2015).(xviii) Minimum Dec

52.222-62, Sick Leave Under Executive Order 13706 ( 2017) (E.O. 13706).(xix) Paid Jan

(xx) 52.224-3, Training ( 2017) (5 U.S.C. 552a).(A) Privacy Jan

Alternate I ( 2017) of 52.224-3.(B) Jan

52.225-26, Performing Private Security Functions Outside the United States ( 2016) (Section 862, as amended, of (xxi) Contractors Oct the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-6, Excess Food Donation to Nonprofit Organizations ( 2014) (42 U.S.C. 1792). Flow down required in (xxii) Promoting May accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, for Privately Owned U.S.-Flag Commercial Vessels ( 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.(xxiii) Preference Feb 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses (2) necessary to satisfy its contractual obligations.

(End of clause)

52.217-7 Option for Increased Quantity-Separately Priced Line Item. 1989-03

As prescribed in 17.208(e), insert a clause substantially the same as the following:

Option for Increased Quantity-Separately Priced Line Item (Mar 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor Contractor at time of contract award.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.252-2 Clauses Incorporated by Reference. 1998-02

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):

https://www.acquisition.gov/content/regulations

(End of clause)

52.252-6 Authorized Deviations in Clauses. 1984-04

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 (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 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.225-7974 Deviation 2020-O0005 Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) 2020-02

252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005)

REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-O0005) (FEB 2020)

(a) Definitions. As used in this provision— “Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C.

1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”

“Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

“Person” means—

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs

(1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror—

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(End of provision)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 Ombudsman 6/1/2016

"(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.