T-5 Draft RFP 3 Section I 3.9.21 FINAL.pdf

SECTION I CONTRACT CLAUSES

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FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/.

FAR 52.202-1 Definitions (JUN 2020)

FAR 52.203-3 Gratuities (APR 1984)

FAR 52.203-5 Covenant Against Contingent Fees (MAY 2014)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

FAR 52.203-7 Anti-Kickback Procedures (JUN 2020)

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

FAR 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020)

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

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

FAR 52.204-4 Printed or Copied Double-Sided Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

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

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-14 Service Contract Reporting Requirements (OCT 2016)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) http://www.acquisition.gov/

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FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

FAR 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020)

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

(OCT 2018)

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

FAR 52.210-1 Market Research (JUN 2020)

FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008)

FAR 52.215-2 Audit and Records – Negotiation (JUN 2020)

FAR 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

FAR 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications

(JUN 2020)

FAR 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications (JUN 2020)

FAR 52.215-15 Pension Adjustments and Asset Reversions (OCT 2010)

FAR 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (JUL 2005) FAR 52.215-19 Notification of Ownership Changes (OCT 1997)

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (JUN 2020) – Alternate III (OCT 1997)

(c) Submit the cost portion of the proposal via the following electronic media: MICROSOFT EXCEL Format with formulas

FAR 52.215-23 Limitations on Pass-Through Charges (JUN 2020)

FAR 52.216-7 Allowable Cost and Payment (DEVIATION)(PENDING APPROVAL)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested, but not more than once every Government business day, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 and with the terms of this contract. The submission of health care costs on a TRICARE Encounter Data (TED) voucher that passes the TED edits will be considered an invoice or voucher for reimbursement of claimed allowable health care costs.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are

HT940220R0005 Page I3 of I15 contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. For the purpose of reimbursing allowable costs, the term "costs" includes only-

(1) Those submitted on vouchers for direct health care costs that, at the time of the request for reimbursement, have passed the TED edits; and those recorded costs that, at the time of the request for reimbursement, the Contractor has actually paid or expended by cash, check, electronic fund transfer, or other form of actual payment for health care under this contract; and

(2) When those costs eligible for reimbursement are the direct health care costs that pass TED edits involving health care furnished to an eligible beneficiary, healthcare authorized under TRICARE, health care furnished by an authorized TRICARE provider, and health care costs consistent with authorized TRICARE reimbursement methodologies. Costs reimbursed based on vouchers passing initial TED edits are subject to further payment adjustment by the Government if determined not to qualify as an allowable cost.

(c) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. "Audits" as used in this clause, includes audits on statistically valid samples. The audit result will be extrapolated across all the TRICARE medical claims for the region submitted for TED edits during the audited period to determine the total overpayment of the TRICARE medical claims population sampled for the region.

The results of the audits will be used to adjust for overpayments of, or other unallowable healthcare costs. Underpayments made by the contractor that are found in an audit are not to be used to offset overpayment adjustment. These adjustments are in addition to the Government's rights under the Inspection of Services Clause (FAR 52.246-5). Any payment may be -

(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs;

or

(2) Adjusted for prior overpayments or underpayments.

(d) Final payment.

(1) Upon approval of a completion invoice or voucher submitted by the Contractor, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, HT940220R0005 Page I4 of I15

Contractor's claim overpayment or fraud recoveries, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government and not previously identified and returned to the Government as an unallowable cost. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except-

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; and

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier.

FAR 52.216-8 Fixed Fee (JUN 2011)

FAR 52.216-24 Limitation of Government Liability (APR 1984)

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the contractor within 90 calendar days of contract expiration.

(End of Clause)

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the contractor within a time period that is not later than 15 days prior to expiration of the contract; provided that

HT940220R0005 Page I5 of I15 the Government gives the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ten years and six months.

(End of Clause)

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

(MARCH 2020)

FAR 52.219-8 Utilization of Small Business Concerns (OCT 2018)

FAR 52.219-9 Small Business Subcontracting Plan (JUN 2020) Alt II (NOV 2016)

FAR 52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999)

FAR 52.219-28 Post-Award Small Business Program Representation (NOV 2020)

FAR 52.222-3 Convict Labor (JUN 2003)

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

FAR 52.222-26 Equal Opportunity (SEPT 2016)

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

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

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

FAR 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (FEB 2016)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

FAR 52.222-41 Service Contract Labor Standards (AUG 2018)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

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THIS STATEMENT IS FOR INFORMATION ONLY (IT IS NOT A WAGE

DETERMINATION):

EMPLOYEE CLASS MONETARY HOURLY WAGE

FAR 52.222-43 -- Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

FAR 52.222-49 Service Contract Labor Standards- Place of Performance Unknown (MAY 2014)

a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals.

However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

FAR 52.222-50 Combating Trafficking in Persons (OCT 2020)

FAR 52.222-54 Employment Eligibility Verification (OCT 2015)

FAR 52.222-55 Minimum Wages Under Executive Order 13658 (NOV 2020)

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

FAR 52.223-6 Drug-Free Workplace (MAY 2001)

FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (AUG 2018)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

FAR 52.224-1 Privacy Act Notification (APR 1984)

FAR 52.224-2 Privacy Act (APR 1984)

FAR 52.224–3 Privacy Training (JAN 2017)

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

FAR 52.227-1 Authorization and Consent (JUN 2020)

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FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)

FAR 52.227-14 Rights in Data--General (MAY 2014)

FAR 52.227-17 Rights in Data – Special Works (DEC 2007)

FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997)

FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013)

FAR 52.230-2 Cost Accounting Standards (JUN 2020)

FAR 52.230-6 Administration of Cost Accounting Standards (JUN 2010)

FAR 52.232-1 Payments (APR 1984)

FAR 52.232-8 Discounts for Prompt Payment (FEB 2002)

FAR 52.232-11 Extras (APR 1984)

FAR 52.232-17 Interest (MAY 2014)

FAR 52.232-18 Availability of Funds (APR 1984)

FAR 52.232-22 Limitation of Funds (APR 1984)

FAR 52.232-23 Assignment of Claims (MAY 2014)

FAR 52.232-25 Prompt Payment (JAN 2017) - Alternate I (FEB 2002)

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

FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

FAR 52.233-1 Disputes (MAY 2014) - Alternate I (DEC 1991)

FAR 52.233-3 Protest after Award (AUG 1996)

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

FAR 52.237-3 Continuity of Services (JAN 1991)

FAR 52.237-7 Indemnification and Medical Liability Insurance (DEVIATION)(PENDING

APPROVAL)

(a) The Contractor is responsible for determining the medical malpractice coverage required in the state (including state risk pools if applicable) for each network provider (both professional and institutional) and ensuring that each network provider is in

HT940220R0005 Page I8 of I15 compliance with this requirement. In the absence of a state law requirement for medical malpractice insurance coverage, the Contractor is responsible for determining the local community standard for medical malpractice coverage and the Contractor must maintain the documentation evidencing both the standard and compliance by network providers. In no case shall a network provider not have medical malpractice coverage.

(b) The Contractor shall be solely liable for and expressly agrees to indemnify the Government for the costs of defense and any liability resulting from services provided to Military Health System (MHS) eligible beneficiaries by a network provider. As an alternate, the Contractor shall have all network provider agreements used by the Contractor contain a requirement, directly or by reference to applicable regulations or Defense Health Agency policies, that the provider agrees to indemnify, defend, and hold harmless the Government from any and all claims, judgments, costs, liabilities, damages and expenses, including attorney's fees, whatsoever, arising from any acts or omissions in the provision of medical services by the provider to MHS eligible beneficiaries.

(c) Each network provider agreement must indicate the required malpractice coverage.

Evidence documenting the required coverage of each network provider under the contract shall be provided to the Contracting Officer upon request. The Contracting Officer, after consulting with the Contractor, retains the authority to determine whether state and/or local community standards for medical malpractice coverage have been met by a network provider and whether the Contractor has documented the required coverage.

(d) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claims-made basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the contract term must also be provided, or as long as standard practice in the locality or as may be required by local law or ordinance.

FAR 52.239-1 Privacy or Security Safeguards (AUG 1996)

FAR 52.242-1 Notice of Intent to Disallow Costs (APR 1984)

FAR 52.242-3 Penalties for Unallowable Costs (MAY 2014)

FAR 52.242–5 Payments to Small Business Subcontractors (JAN 2017)

FAR 52.242-13 Bankruptcy (JUL 1995)

FAR 52.243-1 Changes - Fixed-Price (AUG 1987) – Alternate I (APR 1984).

FAR 52.243-2 Changes – Cost Reimbursement (AUG 1987) Alternate I (APR 1984).

FAR 52.243-6 Change Order Accounting (APR 1984)

FAR 52.243-7 Notification of Changes (JAN 2017)

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FAR 52.244-2 Subcontracts (JUN 2020)

FAR 52.244-5 Competition in Subcontracting (DEC 1996)

FAR 52.244-6 Subcontracts for Commercial Items (NOV 2020)

FAR 52.245-1 Government Property (JAN 2017) Alternate I (APR 2012)

FAR 52.246-25 Limitation of Liability - Services (FEB 1997)

FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price) (APR 2012)

FAR 52.249-6 Termination (Cost-Reimbursement) (MAY 2004)

FAR 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

FAR 52.249-14 Excusable Delays (APR 1984)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

FAR 52.253-1 Computer Generated Forms (JAN 1991)

DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS)

SOLICITATION/CONTRACT CLAUSES

DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991)

(a) Definition. “ Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the contractor will receive a cop y of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

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DFARS 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract- Related Felonies (DEC 2008)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

DFARS 252.203-7003 Agency Office of the Inspector General (AUG 2019)

The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:

Department of Defense Office of Inspector General

Administrative Investigations

Contractor Disclosure Program

4800 Mark Center Drive, Suite 14L25

Alexandria, VA 22350-1500

Toll Free Telephone: 866-429-8011

DFARS 252.203-7004 Display of Hotline Posters (AUG 2019)

(a) Definition. “United States,” as used in this clause, means the 50 States, the District of

Columbia, and outlying areas.

(b) Display of fraud hotline poster(s).

(1) The Contractor shall display prominently the DoD fraud hotline poster, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from:

Not Applicable-is not funded by DHS

(c)(1) The DoD hotline poster may be obtained from: Defense Hotline, The Pentagon, Washington, D.C. 20301-1900, or is also available via the internet at https://www.dodig.mil/Resources/Posters-and-Brochures/ https://www.dodig.mil/Resources/Posters-and-Brochures/

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(2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak.

(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the required poster at the website.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Defense Federal Acquisition Regulation Supplement 203.1004(b)(2)(ii) on the date of subcontract award, except when the subcontract is for the acquisition of a commercial item.

DFARS 252.204-7000 Disclosure of Information (OCT 2016)

DFARS 252.204-7002 Payment for Subline Items Not Separately Priced (DEC 1991)

DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7004 Antiterrorism Awareness Training for Contractors (FEB 2019)

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(OCT 2016)

DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (OCT 2016)

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

(DEC 2019)

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

(MAY 2016)

DFARS 252.204-7019 Notice of NIST SP-800-171 DOD Assessment Requirements (NOV 2020)

DFARS 252.204-7020 NIST SP-800-171 DOD Assessment Requirements (NOV 2020)

DFARS 252.204-7021 Cybersecurity Maturity Model Certification Requirements (NOV 2020)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991)

DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government Country that is a State Sponsor of Terrorism (MAY 2019)

DFARS 252.211-7007 Reporting of Government-Furnished Property (AUG 2012)

DFARS 252.215-7000 Reserved

DFARS 252.215-7002 Cost Estimating System Requirements (DEC 2012)

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DFARS 252.217-7027 Contract Definitization (DEC 2012)

DFARS 252.219-7000 Advancing Small Business Growth (SEP 2016)

DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (DEC 2019) Alt I

(DEC 2019)

This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract.

(a) Definitions. As used in this clause—

Summary Subcontract Report (SSR) Coordinator means the individual who is registered in the Electronic Subcontracting Reporting System (eSRS) at the Department of Defense level and is responsible for acknowledging receipt or rejecting SSRs submitted under an individual subcontracting plan in eSRS for the Department of Defense.

(b) Subcontracts awarded to qualified nonprofit agencies designated by the Committee for Purchase From People Who Are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor s small business subcontracting goal.

(c) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to—

(1) Protege firms which are qualified organizations employing the severely disabled; and

(2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101-510.

(d) The master plan is approved by the Contractor's cognizant contract administration activity.

(e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable.

(f)(1) For DoD, the Contractor shall submit reports in eSRS as follows:

(i) The Standard Form 294, Subcontracting Report for Individual Contracts, shall be submitted in accordance with the instructions on that form.

(ii) Submit the consolidated SSR to the Department of Defense.

(2) For DoD, the authority to acknowledge receipt of or reject SSRs submitted under an individual subcontracting plan in eSRS resides with the SSR Coordinator.

(g) Include the clause at Defense Federal Acquisition Regulation Supplement (DFARS) 252.219-7004, Small Business Subcontracting Plan (Test Program), in subcontracts with

HT940220R0005 Page I13 of I15 subcontractors that participate in the Test Program described in DFARS 219.702-70, if the subcontract is expected to exceed the applicable threshold specified in Federal Acquisition Regulation 19.702(a) and to have further subcontracting opportunities.

DFARS 252.223-7004 Drug-Free Work Force (SEP 1988)

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2017)

DFARS 252.225-7004 Report of Intended Performance Outside the United States and Canada-- Submission after Award (OCT 2020)

DFARS 252.225-7006 Acquisition of the American Flag (AUG 2015)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (DEC 2017)

DFARS 252.225-7013 Duty-Free Entry (APR 2020)

DFARS 252.225-7021 Trade Agreements – Alternate II (SEP 2019)

DFARS 252.225-7048 Export-Controlled Items (JUN 2013)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (APR 2019)

DFARS 252.227-7013 Rights in Technical Data – Noncommercial Items (FEB 2014)

DFARS 252.227-7015 Technical Data – Commercial Items (FEB 2014)

DFARS 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information marked with Restrictive Legends (MAY 2013)

DFARS 252.227-7027 Deferred Ordering of Technical Data or Computer Software (APR 1988)

DFARS 252.231-7000 Supplemental Cost Principles (DEC 1991)

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

DFARS 252.232-7007 Limitation of Government’s Obligation (APR 2014)

DFARS 252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)

DFARS 252.237-7023 Continuation of Essential Contractor Services (OCT 2010)

CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. As used in this clause-

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(1) Essential contractor service means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) Mission-essential functions means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD s ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all of the contractor services performed under this contract as essential contractor services in support of mission essential functions.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government s efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the

HT940220R0005 Page I15 of I15 contract. The Contractor s notice shall include the Contractor s proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor s proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

DFARS 252.239-7018 Supply Chain Risk (FEB 2019)

DFARS 252.242-7005 Contractor Business Systems (FEB 2012)

DFARS 252.243-7001 Pricing of Contract Modifications (DEC 1991)

DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012)

DFARS 252.244-7001 Contractor Purchasing System Administration (MAY 2014)

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

(APR 2012)

DFARS 252.245-7002 Reporting Loss of Government Property (JAN 2021)

DFARS 252.245-7003 Contractor Property Management System Administration (APR 2012)

DFARS 252.245-7004 Reporting, Reutilization, and Disposal (DEC 2017)

DFARS 252.247-7023 Transportation of Supplies by Sea-Basic (FEB 2019)

(End of Section)

DFARS 252.204-7021 Cybersecurity Maturity Model Certification Requirements (NOV 2020)