Solicitation - FA568223Q0023.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 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 NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

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 Government 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: REFERENCE 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. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form

CE APPLIANCES FOR MFH AND O&M

Proposal Identifier: FA568223Q0023 Date: 01 Sep 2023

FA568223Q0023

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Freestanding Front Load Compact Washing Machine (MFH) Minimum Capacity: 9Kg or more

Contractor shall provide freestanding front load compact Washing Machine in accordance with government salient characteristics included in "Attachment 3 - Appliance salient characteristics".

Product Service Code: 7290 Pricing Arrangement: Firm Fixed Price

150 Each

Freestanding or Stackable front loading Condenser Dryer (MFH) Minimum Capacity: 9Kg or more

Contractor shall provide freestanding or stackable front loading Condenser Dryer in accordance with government salient characteristics included in "Attachment 3 - Appliance salient characteristics".

Product Service Code: 7290 Pricing Arrangement: Firm Fixed Price

170 Each

Freestanding Front Load Compact Washing Machine (DORMS/O&M) Minimum Capacity:9Kg or more

Contractor shall provide freestanding front load compact Washing Machine in accordance with government salient characteristics included in "Attachment 3 - Appliance salient characteristics".

Product Service Code: 7290 Pricing Arrangement: Firm Fixed Price

25 Each

Freestanding Front Load Compact Washing Machine (O&M) Minimum Capacity: 9Kg or more

Contractor shall provide freestanding front load compact Washing Machine in accordance with government salient characteristics included in "Attachment 3 - Appliance salient characteristics".

Product Service Code: 7290 Pricing Arrangement: Firm Fixed Price

70 Each

Freestanding or Stackable front loading Condenser Dryer (O&M) Minimum Capacity: 9Kg or more

Contractor shall provide freestanding or stackable front loading Condenser Dryer in accordance with government salient characteristics included in "Attachment 3 - Appliance salient characteristics".

Product Service Code: 7290 Pricing Arrangement: Firm Fixed Price

70 Each

Freestanding Refrigerators/Freezer combo, 2 doors (not side-by-side) Capacity: 490 L or more

0006 Contractor shall provide freestanding Refrigerators/Freezer combo, 2 doors (not side-by-side), in accordance with government salient characteristics included in "Attachment 3 - Appliance salient characteristics".

Pricing Arrangement: Firm Fixed Price

70 Each

Description/Specifications/Statement of Work

Requirements CE APPLIANCES FOR MFH AND OeM

Packaging and Marking

All items shall be palletized, loaded and transported to the authorized DOD Furnishings Management warehouses at Aviano AB, Italy.

Palletization shall be in accordance with European specifications.

All items shall be palletized, loaded and transported to the authorized DOD Furnishings Management warehouses at Aviano AB, Italy.

Palletization shall be in accordance with European specifications.

All items shall be palletized, loaded and transported to the authorized DOD Furnishings Management warehouses at Aviano AB, Italy.

Palletization shall be in accordance with European specifications.

All items shall be palletized, loaded and transported to the authorized DOD Furnishings Management warehouses at Aviano AB, Italy.

Palletization shall be in accordance with European specifications.

All items shall be palletized, loaded and transported to the authorized DOD Furnishings Management warehouses at Aviano AB, Italy.

Palletization shall be in accordance with European specifications.

All items shall be palletized, loaded and transported to the authorized DOD Furnishings Management warehouses at Aviano AB, Italy.

Palletization shall be in accordance with European specifications.

Inspection and Acceptance

DFARS Clauses Incorporated by Full Text

252.229-7003 Tax Exemptions (Italy). Mar 2012

As prescribed in 229.402-70(c)(1), use the following clause:

TAX EXEMPTIONS ( ITALY ) (MAR 2012)

(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.

(b) The United States Government is exempt from payment of ( ) tax in accordance with Article 72 of the Imposta Valore Aggiunto IVA IVA implementing decree on all supplies and services sold to United States Military Commands in Italy .

(1) The Contractor shall include the following information on invoices submitted to the United States Government:

( ) The contract number.i

(ii) The tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972 . IVA

(iii) The following fiscal code(s): 91000190933

(2)( ) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:i

"I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the tax, because this IVA transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972 ."

An authorized United States Government official will sign the copy of the invoice containing this certification.

(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the tax.IVA

(iii) The Contractor shall retain the certified copy to substantiate non-payment of the tax. IVA

(3) The Contractor may address questions regarding the tax to the Ministry of Finance, Office, Rome (06) 520741. IVA IVA

(c) In addition to the tax, purchases by the United States Forces in Italy are exempt from the following taxes: IVA

(1) (Production Tax for Petroleum Products). Imposta di Fabbricazione

(2) (Consumption Tax for Electrical Power). Imposta di Consumo

(3) (Customs Duties). Dazi Doganali

(4) e Merci per Via e per Via (Port Fees). Tassa di Sbarco d'Imbarco sulle Transportate Aerea Maritima

(5) de (Vehicle Circulation Tax). Tassa Circolazione sui Veicoli

(6) (Registration Tax). Imposta di Registro

(7) (Stamp Tax). Imposta di Bollo

(End of clause)

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance POC: TBD

DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES, UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance POC: TBD

DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES, UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance POC: TBD

DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES, UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance POC: TBD

DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES, UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance POC: TBD

DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES, UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Inspection and acceptance POC: TBD

DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES, UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

Deliveries or Performance

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

150 Each Ship To DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES,

UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

170 Each Ship To DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES,

UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

25 Each Ship To DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES,

UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Days Date of Award

70 Each Ship To DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES,

UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Year Date of Award Receipt

70 Each Ship To DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

AF BPN NO MILSBILLS PROCESSES,

UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

FoB Details Contractor Destination

Delivery Schedule From date of lead time event to delivery 60 Calendar Days

70 Each Ship To DoDAAC: F1F3A2 CountryCode: USA

31 CES ENGINEER

FoB Details Contractor

0006 Date of Award AF BPN NO MILSBILLS PROCESSES, UNIT 6110 BOX 14

APO, AE 09604-3014

UNITED STATES

Destination

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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 in WAWF payment instructions.

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.

COMBO

(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.

N/A

(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 financing, submit a commercial financing request.

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

[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 WAWF Document routing.

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 DoDAACFA5682 FA5682

Admin DoDAAC FA5682

Inspect By DoDAAC F1F3A2

Ship To Code F1F3A2

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(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.

WAWF Helpdesk

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

(End of clause)

Special Contract Requirements

Contract Clauses

252.204-7006 Billing Instructions.

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations. Sep 2019

252.215-7007 Notice of Intent to Resolicit. Jun 2012

DFARS Clauses Incorporated by Full Text

252.215-7008 - ONLY ONE OFFER (DEC 2022)

(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to--

(1) Submit any additional cost or pricing data that is required in order to determine whether the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and

(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with paragraph (c) of DFARS provision 252.215-7010 , Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, of this solicitation.

(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with DFARS 225.870-4 (c), the Canadian Commercial Corporation shall obtain and provide the following:

(1) Profit rate or fee (as applicable).

(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).

(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].

(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.

(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

(End of provision)

52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023).

(a) Definitions. As used in this clause--

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use--

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23- 13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Dec 2022

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

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

Jan 2023

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7005 Identification of Expenditures in the United States . Jun 2005 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7041 Correspondence in English. Jun 1997 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jan 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. (Tailored) Jun 2023

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

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2022)

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 products and commercial services:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title (1) (Jan 2017) 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 Covered (2) Entities (Section 1634 of Pub. L. 115-91).(Nov 2021)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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 this (b) contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ .]Contracting Officer check as appropriate

[ ] 52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and (1) (Jun 2020), Alternate I (Nov 2021) 10 U.S.

C. 4655).

[x] 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)

[ ] 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. (3) (Jun 2010) 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[x] 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (Jun 2020)

[ ] [Reserved].(5)

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

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

[x] 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for (8) Debarment. (31 U.S.C. 6101 note).(Nov 2021)

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

[ ] [Reserved].(10)

[ ] 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(11) Oct 2022

[ ] 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (12) Oct 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] [Reserved](13)

[ ] (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

[ ] Alternate I of 52.219-6.(ii) (Mar 2020)

[ ] (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

[ ] Alternate I of 52.219-7.(ii) (Mar 2020)

[ ] 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(16) Oct 2022

[ ] (17)

(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Oct 2022

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

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

[ ] Alternate III of 52.219-9.(iv) (Jun 2020)

[ ] Alternate IV of 52.219-9.(v) (Sep 2021)

[ ] (18)

(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)

[ ] Alternate I of 52.219-13.(ii) (Mar 2020)

[ ] 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).(19) Oct 2022

[ ] 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (Sep 2021)

[ ] 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( ) (15 U.S.C. 657f).(21) Oct 2022

[ ] (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Oct 2022

[ ] Alternate I of 52.219-28.(ii) (Mar 2020)

[ ] 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((23) ) (15 U.S.C. 637(m)).Oct 2022

[ ] 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 ( ) (15 U.S.C. 637(m)).Oct 2022

[ ] 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (Mar 2020)

[ ] 52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (Sep 2021)

[ ] 52.222-3, Convict Labor (E.O.11755).(27) (Jun 2003)

[ ] 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (Dec 2022)

[ ] 52.222-21, Prohibition of Segregated Facilities .(29) (Apr 2015)

[ ] (30)

(i) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)

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

[ ] (31)

(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)

[ ] Alternate I of 52.222-35.(ii) (Jul 2014)

[ ] (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

[ ] Alternate I of 52.222-36.(ii) (Jul 2014)

[ ] 52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) Jun 2020

[ ] 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(34) (Dec 2010)

[x] (35)

(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)

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

[ ] 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of (36) (May 2022) commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[ ] 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(38)

[ ] 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(39) (Jun 2016)

[ ] (40)

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

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

[ ] (41)

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

[ ] Alternate I (Jun2014) of 52.223-14.(ii)

[ ] 52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (May 2020)

[ ] (43)

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

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

[x] 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(44) (Jun 2020)

[ ] 52.223-20, Aerosols (E.O. 13693).(45) (Jun 2016)

[ ] 52.223-21, Foams (Jun2016) (E.O. 13693).(46)

[ ] (47)

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

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

[ ] (48)

(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)

[ ] Alternate I of 52.225-1.(ii) (Oct 2022)

[ ] (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (Dec 2022) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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.

[ ] (ii) Alternate I [Reserved].

[ ] Alternate II of 52.225-3.(iii) ( 2022)Dec

[ ] Alternate III of 52.225-3.(iv) ( 2021)Jan

[ ] Alternate IV (Oct 2022) of 52.225-3.(v)

[ ] 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (Dec 2022) et seq

[x] 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of (51) (Feb 2021) Foreign Assets Control of the Department of the Treasury).

[ ] 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the (52) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[ ] 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)

[ ] 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)

[ ] 52.229-12, Tax on Certain Foreign Procurements .(55) (Feb 2021)

[ ] 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, (56) (Nov 2021) 10 U.S.

C. 3805).

[ ] 52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, (57) (Nov 2021) 10 U.S.C. 3805).

[x] 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (Oct2018)

[ ] 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)

[ ] 52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (May 2014)

[ ] 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (Aug 1996)

[ ] 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (Jan 2017)

[ ] (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)

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

[ ] Alternate II of 52.247-64.(iii) (Nov 2021)

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 products and commercial services:

[ ]Contracting Officer check as appropriate.

[ ] 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)

[ ] 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)

[ ] 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (29 U.S.C. 206 and 41 U.S.C. chapter 67).(Aug 2018)

[ ] 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).

[ ] 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair (5) of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

[ ] 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May (41 U.S.C. chapter 67).2014)

[ ] 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)

[ ] 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)

[ ] 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

. 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, as defined in FAR 2.101, on the date of award of this contract, 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 to (1) 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, audit, (2) 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)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. 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 (41 U.S.C. 3509).(i) (Nov 2021)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, (ii) 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 (iii) Covered Entities (Section 1634 of Pub. L. 115-91).(Nov 2021)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) Oct 2022 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

52.222-26, Equal Opportunity (E.O.11246).(vii) (Sep 2015)

52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(viii) (Jun 2020)

52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(ix) (Jun 2020)

52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(x) (Jun 2020)

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

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

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)

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

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

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

52.222-54, Employment Eligibility Verification (E.O. 12989).(xvi) (May 2022)

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(xvii) (Jan 2022)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xviii) (Jan 2022)

(xix)

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

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

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

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (Jun 2020) accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow (xxii) (Nov 2021) 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 products and commercial services a minimal number of (2) additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Supplemental Clauses Incorporated by Full Text

5352.201-9101 USAFE Ombudsman Oct 2019

(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. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes.

The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Primary:

Mr. Joseph F. Lyden

AFICC/KU, UNIT 3103, APO, AE 09094-3103

AFICC/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: joseph.lyden@us.af.mil Tel: DSN: (314)480-2209 Fax: (49)-6371-47-2025 Alternate:

Ms. Heidi Hoehn

AFICC/KU, UNIT 3103, APO, AE 09094-3103

AFICC/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: heidi.hoehn.de@us.af.mil Tel: Comm: (49)-6371-47-9330 DSN: (314)480-9330 Fax: (49)-6371-47-2025.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) Oct 2019

(a) Contractors shall not:

(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or

(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.

[Note: This prohibition does not apply to manufacturing.]

(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:

(1) Halons: 1011, 1202, 1211, 1301, and 2402;

(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC- 115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and

(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.

[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]

(End of clause)

5352.242-9000 Contractor Access to Air Force Installations Oct 2019

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, valid vehicle insurance certificate, and <<1>> to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with <<2>> citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

List of Attachments

Attachment 3 - Appliance salient characteristics

Representations, Certification, & Other Statements

Number Title Effective Date

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

May 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

FAR Clauses Incorporated by Full Text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov

As prescribed in , insert the following provision:4.2105(a)

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

As used in this provision-(a) Definitions.

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain and substantial or essential component

Telecommunications and Video Surveillance Services or Equipment.

. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or

Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or (ii) packets that such equipment transmits or otherwise handles.

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities…