Attachment 2 - Provisions and Clauses W50S8F26QA012 17Mar2026.pdf

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Electric Utility Vehicles
Solicitation number
W50S8F26QA012
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About this file

This document is a compilation of federal contract provisions, clauses, and payment instructions incorporated into a National Guard solicitation for commercial products and services.

The document includes two main sections: provisions and clauses incorporated by reference, followed by full-text provisions and clauses. Key provisions address representations and certifications regarding compensation of former DoD officials, safeguarding covered defense information, business operations restrictions with foreign regimes (Maduro Regime and Xinjiang Uyghur Autonomous Region), prohibition on certain internal confidentiality agreements, system for award management registration, security prohibitions and exclusions, and representation regarding covered defense telecommunications equipment or services. Clauses address whistleblower rights notification, safeguarding covered defense information and cyber incident reporting, prohibition on acquisition of covered defense telecommunications equipment, buy American requirements, qualifying country sources as subcontractors, prohibition regarding business operations with the Maduro Regime, prohibition on procurements from Xinjiang, electronic submission of payment requests, transportation of supplies by sea, contracting with debarred contractors, small business set-asides, child labor restrictions, equal opportunity for workers with disabilities, combating trafficking in persons, sustainable products, encouraging policies against text messaging while driving, and accelerated payments to small business subcontractors. The document also includes detailed instructions for Wide Area WorkFlow (WAWF) payment submission, specifying document types, routing procedures, and contact information. Additionally, the document contains National Guard Agency Protest Program procedures for alternative dispute resolution, with protest filings to be sent to the National Guard Bureau's Office of the Director of Acquisitions in Arlington, Virginia, with a goal of resolving protests within 35 calendar days.

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PROVISIONS INCORPORATED BY REFERENCE

NUMBER TITLE EFFECTIVE

DATE

252.203-7005

Representation Relating to Compensation of Former DoD

Officials.

Sep 2022

252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls.

Oct 2016

252.204-7024 Notice on the Use of the Supplier Performance Risk

System.

Mar 2023

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime.

May 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region-Representation.

Jun 2023

52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or

Statements-Representation.

Jan 2017

52.204-7 System for Award Management-Registration. (Deviation) Feb 2026

52.212-1 Instructions to Offerors-Commercial Products and

Commercial Services. (Deviation)

Feb 2026

52.240-90 Security Prohibitions and Exclusions Representations and

Certifications. (Deviation)

Feb 2026

CLAUSES INCORPORATED BY REFERENCE

NUMBER TITLE EFFECTIVE

DATE

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials.

Sep 2011

252.203-7002 Requirement to Inform Employees of Whistleblower

Rights.

Dec 2022

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting. (DEVIATION 2024-O0013

REVISION 1)

May 2024

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

252.225-7001

Buy American and Balance of Payments Program. Feb 2024

252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022

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.

Jun 2023

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports.

Dec 2018

252.232-7010 Levies on Contract Payments. Dec 2006

252.247-7023

Transportation of Supplies by Sea. Oct 2024

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements.

Jan 2017

52.204-13 System for Award Management-Maintenance. (Deviation) Feb 2026

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations. (Deviation)

Feb 2026

52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.

(Deviation)

Feb 2026

52.212-4 Terms and Conditions-Commercial Products and

Commercial Services. (Deviation)

Feb 2026

52.219-6 Notice of Total Small Business Set-Aside. (Deviation) Feb 2026

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

(Deviation)

Feb 2026

52.222-3 Convict Labor. (Deviation) Feb 2026

52.222-36 Equal Opportunity for Workers with Disabilities.

(Deviation)

Feb 2026

52.222-50 Combating Trafficking in Persons. (Deviation) Feb 2026

52.223-23 Sustainable Products. (Deviation) Feb 2026

52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving.

May 2024

52.232-33 Payment by Electronic Funds Transfer-System for Award

Management.

Oct 2018

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

Mar 2023

52.233-3 Protest after Award. (Deviation) Feb 2026

52.233-4 Applicable Law for Breach of Contract Claim.

(Deviation)

Feb 2026

52.240-91 Security Prohibitions and Exclusions. (Deviation) Feb 2026

52.244-6 Subcontracts for Commercial Products and Commercial

Services. (Deviation)

Feb 2026

PROVISIONS AND CLAUSES IN FULL TEXT

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation.

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION

(MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense 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.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018

(Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

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

Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense

Telecommunications Equipment or Services—Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

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

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

(3) For services, the entity providing the covered defense telecommunications services

(include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

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

(End of provision)

252.232-7006 Wide Area WorkFlow Payment Instructions.

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“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) Electronic invoicing. The WAWF system provides the method to electronically process 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.

https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003

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

(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) WAWF training. The Contractor should follow the training instructions of the WAWF

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

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

(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.

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

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(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) Document routing. The Contractor shall use the information in the Routing Data

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

Issue By DoDAAC

Admin DoDAAC

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) Payment request. The Contractor shall ensure a payment request includes 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) Receiving report. The Contractor shall ensure a receiving report meets the 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)

NG Agency Protest Program

NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum.

National Guard Protest Procedures

7 October 2021

Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures.

To be timely, the protests must be filed with the periods specified in FAR 33.103. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below:

National Guard Bureau

Office of the Director of Acquisitions/ Head of Contracting Activity

ATTN: NGB-AQ-O

111 S. George Mason Dr.

Arlington, VA 22204

Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil

All other agency-level protests should be sent to the Contracting Officer for resolution at the address in the solicitation. See FAR clause 52.233-2.

NG Public-facing, general Protest information is found at:

https://www.nationalguard.mil/Leadership/Joint-Staff/Special-Staff/Director-of-Acquisitions/

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