SP451020Q1022 CLAUSES PROVISIONS 7-22-20.pdf

DOCUMENT NUMBER SOLICITATION NUMBER

SP451020Q1022 (Not Set)

CLAUSES INCORPORATED BY REFERENCE

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CLAUSE TITLE YEAR-

MO

SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

2011-09 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD

Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10 SEC I

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

2019-12 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2016-05 SEC I

252.211-7007 Reporting of Government-Furnished Property. 2012-08 SEC I

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

2018-01 SEC L

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

2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2013-06 SEC I

252.242-7006 Accounting System Administration. 2012-02 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property.

2012-04 SEC E

252.245-7003 Contractor Property Management System Administration. 2012-04 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation.

2017-01 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC L 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-7 System for Award Management. 2018-10 SEC K

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements- Commercial Item Acquisition.

2007-02 SEC I

52.223-19 Compliance with Environmental Management Systems. 2011-05 SEC I 52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2013-12 SEC I

52.237-1 Site Visit. 1984-04 SEC L

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04 SEC I

52.245-1 Government Property. 2017-01 SEC I 52.245-9 Use and Charges. 2012-04 SEC I

52.246-6 Inspection-Time-and-Material and Labor-Hour. 2001-05 SEC E 52.249-14 Excusable Delays. 1984-04 SEC I 52.249-6 ALT IV Termination (Cost-Reimbursement). - (Alternate IV) 1996-09 SEC I 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 SEC I 52.212-1 Instructions to Offerors-Commercial Items. 2020-03 SEC L 52.243-3 Changes-Time-and-Materials or Labor-Hours. 2000-09 SEC I

252.215-7998 DEV 2019-O0008 Pilot Program to Accelerate Contracting and Pricing Processes

(DEVIATION 2019-O0008)

2019-04 SEC I

252.219-7010 DEV 2019-O0003 Notification of Competition Limited to Eligible 8(a) Concerns- Partnership Agreement (DEVIATION 2019-O0003)

2019-01 SEC I

252.225-7052 DEV 2020-O0006 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten(DEVIATION 2020-O0006)

2020-02 SEC I

252.225-7975 DEV 2020-O0001 Additional Access to Contractor and SubContractor RecordsDEVIATION 2020-O0001

2019-11 SEC I

252.225-7976 DEV 2018-O0019 Contractor Personnel Performing in Japan(DEVIATION 2018- O0019)

2018-08 SEC I

252.225-7977 DEV 2017-O0009 Acquisition Restricted to Products or Service from the African Host Nation-Djibouti(Deviation 2017-O0009)

2017-09 SEC I

252.225-7980 DEV 2016-O0008 Contractor Personnel Performing in the United States Africa Command Area of Responsibility(DEVIATION 2016-O0008)

2016-06 SEC I

252.225-7986 DEV 2017-O0009 Requirement for Products or Services from the African Host Nation-Djibouti (Deviation 2017-O0009)

2017-09 SEC I

252.225-7987 DEV 2014-O0016

REQUIREMENTS FOR CONTRACTOR PERSONNEL

PERFORMING IN USSOUTHCOM AREA OF

RESPONSIBILITY (DEVIATION 2014-O0016)

2014-10 SEC I

252.225-7993 DEV 2020-O0001 Prohibition on Providing Funds to the Enemy (DEVIATION 2020-O0001)

2019-11 SEC I

252.225-7995 DEV 2017-O0004 Contractor Personnel Performing in the United States Central Command Area of Responsibility (DEVIATION 2017-O0004)

2017-09 SEC I

252.225-7996 DEV 2020-O0002

Acquisition Restricted to Products or Services from

Afghanistan, a Central Asian State, Pakistan, or the South Caucasus(Deviation 2020-O0002)

2019-12 SEC I

252.225-7997 DEV 2013-O0017 Contractor Demobilization. (DEVIATION 2013-O0017) 2013-08 SEC I

252.225-7999 DEV 2020-O0002

Requirement for Products or Services from Afghanistan, a

Central Asian State, Pakistan, or the South Caucasus(Deviation 2020-O0002)

2019-12 SEC I

252.232-7004 DEV 2020-O0010 DoD Progress Payment Rates (DEVIATION 2020-O0010) 2020-03 SEC I

252.237-7999 DEV 2019-O0007 Requirement for Accounting Firms Used to Support Department of Defense Audits (DEVIATION 2019-O0007)

2019-03 SEC I

252.245-7002 DEV 2020-O0004 Reporting Loss of Government Property (DEVIATION 2020- O0004)

2020-02 SEC I

252.251-7000 Ordering From Government Supply Sources 2012-08 SEC I 52.219-14 DEV 2020-O0008 Limitations on Subcontracting (DEVIATION 2020-O0008) 2020-03 SEC I

52.219-27 DEV 2020-O0008 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (DEVIATION 2020-O0008)

2020-03 SEC I

52.219-29 DEV 2020-O0008

Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEVIATION 2020-O0008)

2020-03 SEC I

52.219-3 DEV 2020-O0008 Notice of HUBZone Set-Aside or Sole Source Award

(DEVIATION 2020-O0008)

2020-03 SEC I

52.219-30 DEV 2020-O0008

Notice of Set-Aside for, or Sole Source Award to, Women-

Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (DEVIATION 2020-O0008)

2020-03 SEC I

52.219-33 DEV 2020-O0008 Nonmanufacturer Rule (DEVIATION 2020-O0008) 2020-03 SEC I

52.219-7 DEV 2020-O0008 Notice of Partial Small Business Set-Aside (DEVIATION 2020-O0008)

2020-03 SEC I

52.232-16 DEV 2020-O0010 Progress Payments (DEVIATION 2020-O0010) 2020-03 SEC I 52.251-1 Government Supply Sources. 2012-04 SEC I

CLAUSES IN FULL TEXT

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CLAUSE TEXT

52.204-19 Incorporation by Reference of Representations and

Certifications.

2014-12

As prescribed in 4.1202(b), insert the following clause.

Incorporation by Reference of Representations and Certifications (Dec 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-22 Alternative Line Item Proposal. 2017-01

As prescribed in 4.1008 , insert the following provision:

Alternative Line Item Proposal (Jan 2017)

The Government recognizes that the line items established in this solicitation may not (a) conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

The Offeror may submit one or more additional proposals with alternative line items, (b) provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.228-15 DEV 2020-O0016

Performance and Payment Bonds-Construction (Deviation

2020-O0016) 2020-04

52.228-15 Performance and Payment Bonds-Construction.

As prescribed in 28.102-3(a), insert a clause substantially as follows:

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (APR 2020) (DEVIATION

2020-O0016)

(a) Definitions. As used in this clause—

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25, except that no seal is required). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A, except that no seal is required). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection.

(i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

Attachment 1

Class Deviation 2020-O0016 Original Documents, Signatures, Seals, and Notarization

Changes to the text are indicated by a change bar in the right-hand margin.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

(End of clause)

52.228-16 DEV 2020-O0016

Performance and Payment Bonds-Construction (Deviation

2020-O0016) 2020-04

52.228-16 Performance and Payment Bonds-Other Than Construction.

As prescribed in 28.103-4, insert a clause substantially as follows:

PERFORMANCE AND PAYMENT BONDS-OTHER THAN CONSTRUCTION (APR 2020)

(DEVIATION 2020-O0016

(a) Definitions. As used in this clause—

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

Attachment 1

Class Deviation 2020-O0016

Original Documents, Signatures, Seals, and Notarization

Changes to the text are indicated by a change bar in the right-hand margin.

(b) The Contractor shall furnish a performance bond (Standard Form 1418), except that a seal is not required) for the protection of the Government in an amount equal to percent of the original contract price and a payment bond Standard Form 1416, except that s seal is not required) in an amount equal to percent of the original contract price.____

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within days, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

52.228-16

ALT I

DEV 2020-O0016

Alternate I Performance and Payment Bonds-Other Than

Construction (Deviation 2020-O0016) 2020-04

As prescribed in 28.103-4 , insert a clause substantially as follows:

Performance and Payment Bonds-Other Than Construction (Nov 2006)

. As used in this clause-(a) Definitions

"Original contract price" means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

The Contractor shall furnish a performance bond (Standard Form 1418) for the (b) protection of the Government in an amount equal to percent of the original contract price ____ and a payment bond Standard Form 1416) in an amount equal to percent of the original ____ contract price.

The Contractor shall furnish all executed bonds, including any necessary reinsurance (c) agreements, to the Contracting Officer, within days, but in any event, before starting work.____

The Government may require additional performance and payment bond protection if (d) the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

The bonds shall be in the form of firm commitment, supported by corporate sureties (e) whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal

, or may be obtained from the:Register

U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6 F01

Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(End of clause)

Alternate I (APR 2020) (2020-O0016).

As prescribed in 28.103-4 , substitute the following paragraphs (b) and (d) for paragraphs (b) and (d) of the basic clause:

(b) The Contractor shall furnish a performance bond (Standard Form 1418, except that a seal is not required) for the protection of the Government in an amount equal to percent of ____ the original contract price.

(d) The Government may require additional performance bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

252.204-7007 ALT A Alternate A, Annual Representations and Certifications. 2020-04

As prescribed in 204.1202, use the following provision:

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2020)

Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (e) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation.

The Offeror shall indicate which option applies by checking one of the following boxes:

(i) Paragraph (e) applies. ____

(ii) Paragraph (e) does not apply and the Offeror has completed the ____ individual representations and certifications in the solicitation.

(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services- Representation. Applies to all solicitations.

(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus-Representation. Applies to all solicitations with institutions of higher education.

(iii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(v) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.

(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vii) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and contracts when contract performance will be in Italy.

(viii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and contracts when contract performance will be in Spain.

(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]

(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign ____ Government.

(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate. ____

(iii) 252.225-7020, Trade Agreements Certificate. ____

Use with Alternate I. ____

(iv) 252.225-7031, Secondary Arab Boycott of Israel. ____

(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of ____ Payments Program Certificate.

Use with Alternate I. ____

Use with Alternate II. ____

Use with Alternate III. ____

Use with Alternate IV. ____

Use with Alternate V. ____

(vi) 252.226-7002, Representation for Demonstration Project for Contractors ____ Employing Persons with Disabilities.

(vii) 252.232-7015, Performance-Based Payments-Representation. ____

(e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision

. These amended representation(s) and/or certification(s) are also ]number, title, date incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS Provision # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

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 Electronic invoicing.

vendor payment requests and receiving reports, as 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 WAWF training.

Web-Based Training Course and use the Practice 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 WAWF methods of document submission.

entry, Electronic Data Interchange, or File Transfer Protocol.

(f) The Contractor shall use the following information when WAWF payment instructions.

submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

document type(s):

(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.

As specified in contract

(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.

2in1

(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 Document routing.

Table below only to fill in applicable fields in 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 SL4701

Issue By DoDAAC SP4510

Admin DoDAAC SP4510

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*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 Payment request.

documentation appropriate to the type of payment request in 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 Receiving report.

requirements of DFARS Appendix F.

(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.

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

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

(End of clause)

252.245-7004 Reporting, Reutilization, and Disposal. 2017-12

As prescribed in 245.107(5), use the following clause:

REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

(a) As used in this clause-Definitions.

(1) "Demilitarization" means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.

(2) "Export-controlled items" means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations [(ITAR)] (22 CFR parts 120-130). The term includes-

(i) "Defense items," defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4) (A), as defense articles, defense services, and related technical data, etc.; and

(ii) "Items," defined in the EAR as "commodities," "software," and "technology," terms that are also defined in the EAR, 15 CFR 772.1.

(3) "Ineligible transferees" means individuals, entities, or countries-

(i) Excluded from Federal programs by the General Services Administration as identified in the System for Award Management Exclusions located at https://www.acquisition.

gov;

(ii) Delinquent on obligations to the U.S. Government under surplus sales contracts;

(iii) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or

(iv) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the Department of the Treasury.

(4) "Scrap" means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item's original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not "scrap."

(5) "Serviceable or usable property" means property with potential for reutilization or sale "as is" or with minor repairs or alterations.

(b) Unless disposition instructions are otherwise included in Inventory disposal schedules.

this contract, the Contractor shall complete SF 1428, Inventory Schedule B, within the Plant Clearance Automated Reutilization Screening System (PCARSS). Information on PCARSS can be obtained from the plant clearance officer and at http://www.dcma.mil/WBT/PCARSS/.

(1) The SF 1428 shall contain the following:

(i) If known, the applicable Federal Supply Code (FSC) for all items, except items in scrap condition.

(ii) If known, the manufacturer name for all aircraft components under Federal Supply Group (FSG) 16 or 17 and FSCs 2620, 2810, 2915, 2925, 2935, 2945, 2995, 4920, 5821, 5826, 5841, 6340, and 6615.

(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.

(iv) See Appendix 2 of DLM 4000.25-2, Appropriate Federal Condition Codes.

Military Standard Transaction Reporting and Accounting Procedures (MILSTRAP) manual, edition in effect as of the date of this contract. Information on Federal Condition Codes can be obtained at http://www.dla.mil/HQ/InformationOperations/DLMS/elibrary/manuals

/MILSTRAP/.

(2) If the schedules are acceptable, the plant clearance officer shall complete and send the Contractor a DD Form 1637, Notice of Acceptance of Inventory.

(c) Unless otherwise provided in the contract, the Proceeds from sales of surplus property.

proceeds of any sale, purchase, or retention shall be-

(1) Forwarded to the Contracting Officer;

(2) Credited to the Government as part of the settlement agreement;

(3) Credited to the price or cost of the contract; or

(4) Applied as otherwise directed by the Contracting Officer.

(d) If demilitarization, mutilation, or Demilitarization, mutilation, and destruction.

destruction of contractor inventory is required, the Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.

(e) The Contractor shall dispose of classified contractor Classified Contractor inventory.

inventory in accordance with applicable security guides and regulations or as directed by the Contracting Officer.

(f) Contractor inventory dangerous to public Inherently dangerous Contractor inventory.

health or safety shall not be disposed of unless rendered innocuous or until adequate safeguards are provided.

(g) Consistent with contract terms and Contractor inventory located in foreign countries.

conditions, property disposition shall be in accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, Final Governing Standards, and Government-to-Government agreements. The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(h) Disposal of scrap.

(1) Contractor with scrap procedures.

(i) The Contractor shall include within its property management procedure, a process for the accountability and management of Government-owned scrap. The process shall, at a minimum, provide for the effective and efficient disposition of scrap, including sales to scrap dealers, so as to minimize costs, maximize sales proceeds, and, contain the necessary internal controls for mitigating the improper release of non-scrap property.

(ii) The Contractor may commingle Government and contractor-owned scrap and provide routine disposal of scrap, with plant clearance officer concurrence, when determined to be effective and efficient.

(2) The plant clearance officer may require the Contractor to secure Scrap warranty.

from scrap buyers a DD Form 1639, Scrap Warranty.

(i) Sale of surplus Contractor inventory.

(1) The Contractor shall conduct sales of contractor inventory (both useable property and scrap) in accordance with the requirements of this contract and plant clearance officer direction.

(2) Any sales contracts or other documents transferring title shall include the following statement:

``The Purchaser certifies that the property covered by this contract will be used in (name of country). In the event of resale or export by the Purchaser of any of the property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval.

(j) Restrictions on purchase or retention of Contractor inventory.

(1) The Contractor may not knowingly sell the inventory to any person or that person's agent, employee, or household member if that person-

(i) Is a civilian employee of the DoD or the U.S. Coast Guard;

(ii) Is a member of the armed forces of the United States, including the U.S. Coast Guard; or

(iii) Has any functional or supervisory responsibilities for or within the DoD's property disposal/disposition or plant clearance programs or for the disposal of contractor inventory.

(2) The Contractor may conduct Internet-based sales, to include use of a third party.

(3) If the Contractor wishes to bid on the sale, the Contractor or its employees shall submit bids to the plant clearance officer prior to soliciting bids from other prospective bidders.

(4) The Contractor shall solicit a sufficient number of bidders to obtain adequate competition. Informal bid procedures shall be used, unless the plant clearance officer directs otherwise. The Contractor shall include in its invitation for bids, the sales terms and conditions provided by the plant clearance officer.

(5) The Contractor shall solicit bids at least 15 calendar days before bid opening to allow adequate opportunity to inspect the property and prepare bids.

(6) For large sales, the Contractor may use summary lists of items offered as bid sheets with detailed descriptions attached.

(7) In addition to mailing or delivering notice of the proposed sale to prospective bidders, the Contractor may (when the results are expected to justify the additional expense) display a notice of the proposed sale in appropriate public places, e.g., publish a sales notice on the Internet in appropriate trade journals or magazines and local newspapers.

(8) The plant clearance officer or representative will witness the bid opening. The Contractor shall submit, either electronically or manually, two copies of the bid abstract.

(9) The following terms and conditions shall be included in sales contracts involving the demilitarization, mutilation, or destruction of property:

(i) Demilitarization, mutilation, or destruction on Contractor or subcontractor . Item(s) require demilitarization, mutilation, or destruction by the Purchaser. premises N/A

Insert item number(s) and specific demilitarization, mutilation, or destruction requirements for item(s) shown in Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(ii) Demilitarization, mutilation, or destruction off Contractor or subcontractor .premises

(A) Item(s) require demilitarization, mutilation, or destruction by the ____ Purchaser. Insert item number(s) and specific demilitarization, mutilation, or destruction requirements for item(s) shown in Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(B) Property requiring demilitarization shall not be removed, and title shall not pass to the Purchaser, until demilitarization has been accomplished and verified by a Government representative. Demilitarization will be accomplished as specified in the sales contract. Demilitarization shall be witnessed and verified by a Government representative using DRMS Form 145 or equivalent.

(C) The Purchaser agrees to assume all costs incident to the demilitarization and to restore the working area to its present condition after removing the demilitarized property.

(iii) If the Purchaser fails to demilitarize, mutilate, or Failure to demilitarize.

destroy the property as specified in the contract, the Contractor may, upon giving 10 days written notice from date of mailing to the Purchaser-

(A) Repossess, demilitarize, and return the property to the Purchaser, in which case the Purchaser hereby agrees to pay to the Contractor, prior to the return of the property, all costs incurred by the Contractor in repossessing, demilitarizing, and returning the property;

(B) Repossess, demilitarize, and resell the property, and charge the defaulting Purchaser with all costs incurred by the Contractor. The Contractor shall deduct these costs from the purchase price and refund the balance of the purchase price, if any, to the Purchaser.

In the event the costs exceed the purchase price, the defaulting Purchaser hereby agrees to pay these costs to the Contractor; or

(C) Repossess and resell the property under similar terms and conditions. In the event this option is exercised, the Contractor shall charge the defaulting Purchaser with all costs incurred by the Contractor. The Contractor shall deduct these costs from the original purchase price and refund the balance of the purchase price, if any, to the defaulting Purchaser.

Should the excess costs to the Contractor exceed the purchase price, the defaulting Purchaser hereby agrees to pay these costs to the Contractor.

(End of clause)

Representation Regarding Certain Telecommunications and

52.204-24 Video Surveillance Services or Equipment. 2019-12

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

As used in this provision-(a) Definitions.

"Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

. Section 889(a)(1)(A) of the John S. McCain National Defense (b) Prohibition Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) 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. Contractors are not prohibited from providing-

A service that connects to the facilities of a third-party, such as backhaul, roaming, or (1) interconnection arrangements; or

Telecommunications equipment that cannot route or redirect user data traffic or (2) permit visibility into any user data or packets that such equipment transmits or otherwise handles.

The Offeror shall review the list of excluded parties in the System for (c) Procedures.

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

The Offeror represents that it(d) Representation.

will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

If the Offeror has represented in paragraph (d) of this provision that it (e) Disclosures.

"will" provide covered telecommunications equipment or services", the Offeror shall provide the following information as part of the offer-

A description of all covered telecommunications equipment and services offered (1) (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

Explanation of the proposed use of covered telecommunications equipment and (2) services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

For services, the entity providing the covered telecommunications services (include (3) entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

For equipment, the entity that produced the covered telecommunications equipment (4) (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-

Representation.

2019-12

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

Covered Telecommunications Equipment or Services-Representation (Dec 2019)

As used in this provision, "covered telecommunications equipment or (a) Definitions.

services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

The Offeror shall review the list of excluded parties in the System for (b) Procedures.

Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

The Offeror represents that it(c) Representation.

does, 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.

(End of provision)

52.204-8 Annual Representations and Certifications. 2020-03

As prescribed in 4.1202(a), insert the following provision:

Annual Representations and Certifications (Mar?2020)

(a)

The North American Industry Classification System (NAICS) code for this acquisition is(1) . [insert NAICS code]____

The small business size standard is .(2) [insert size standard]____

The small business size standard for a concern which submits an offer in its own (3) name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

If the provision at 52.204-7, System for Award Management, is included in this solicitation, (1) paragraph (d) of this provision applies.

If the provision at 52.204-7, System for Award Management, is not included in this (2) solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i)

Paragraph (d) applies.

(ii)

Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

The following representations or certifications in SAM are applicable to this solicitation as (1) indicated:

52.203-2, Certificate of Independent Price Determination. This provision applies (i) to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

The acquisition is to be made under the simplified acquisition procedures in (A) part 13;

The solicitation is a request for technical proposals under two-step sealed (B) bidding procedures; or

The solicitation is for utility services for which rates are set by law or (C) regulation.

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain (ii) Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

52.203-18, Prohibition on Contracting with Entities that Require Certain Internal (iii) Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

52.204-3, Taxpayer Identification. This provision applies to solicitations that do (iv) not include the provision at 52.204-7, System for Award Management.

52.204-5, Women-Owned Business (Other Than Small Business). This provision (v) applies to solicitations that-

Are not set aside for small business concerns;(A)

Exceed the simplified acquisition threshold; and(B)

Are for contracts that will be performed in the United States or its outlying (C) areas.

52.204-26, Covered Telecommunications Equipment or Services-Representation. (vi) This provision applies to all solicitations.

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-(vii) Representation.

52.209-5, Certification Regarding Responsibility Matters. This provision (viii) applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability (ix) or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

52.214-14, Place of Performance-Sealed Bidding. This provision applies to (x) invitations for bids except those in which the place of performance is specified by the Government.

52.215-6, Place of Performance. This provision applies to solicitations unless the (xi) place of performance is specified by the Government.

52.219-1, Small Business Program Representations (Basic, Alternates I, and II). (xii) This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

The basic provision applies when the solicitations are issued by other than (A) DoD, NASA, and the Coast Guard.

The provision with its Alternate I applies to solicitations issued by DoD, (B) NASA, or the Coast Guard.

The provision with its Alternate II applies to solicitations that will result in a (C) multiple-award contract with more than one NAICS code assigned.

52.219-2, Equal Low Bids. This provision applies to solicitations when (xiii) contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

52.222-22, Previous Contracts and Compliance Reports. This provision applies (xiv) to solicitations that include the clause at 52.222-26, Equal Opportunity.

52.222-25, Affirmative Action Compliance. This provision applies to (xv) solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

52.222-38, Compliance with Veterans' Employment Reporting Requirements. (xvi) This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

52.223-1, Biobased Product Certification. This provision applies to solicitations (xvii) that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

52.223-4, Recovered Material Certification. This provision applies to (xviii) solicitations that are for, or specify the use of, EPA-designated items.

52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction (xix) Goals-Representation. This provision applies to solicitations that include the clause at 52.204- 7.)

52.225-2, Buy American Certificate. This provision applies to solicitations (xx) containing the clause at 52.225-1.

52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (xxi) (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

If the acquisition value is less than $25,000, the basic provision applies.(A)

If the acquisition value is $25,000 or more but is less than $50,000, the (B) provision with its Alternate I applies.

If the acquisition value is $50,000 or more but is less than $83,099, the (C) provision with its Alternate II applies.

If the acquisition value is $83,099 or more but is less than $100,000, the (D) provision with its Alternate III applies.

52.225-6, Trade Agreements Certificate. This provision applies to solicitations (xxii) containing the clause at 52.225-5.

52.225-20, Prohibition on Conducting Restricted Business Operations in (xxiii) Sudan-Certification. This provision applies to all solicitations.

52.