ATCH_3_P-C.docx
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- Solicitation number
- W9124R-18-Q-0010
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Attachment 3 Provisions and Clauses
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Provision and Clauses for Solicitation Number: W9124R-18-Q-0010
The following FAR Clauses and Provisions apply to this acquisition:
52.204-7 System for Award Management (Oct 2016) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2016) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-1 Instructions to Offerors -- Commercial Items (Jan 2017) 52.212-3 Offeror Representations and Certifications – Commercial Items (Aug 2018) 52.212-4 Contract Terms and Conditions -- Commercial Items (Jan 2017) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2017) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
Clauses that automatically apply to this requirement as referenced within FAR 52.212-5:
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)
Specific clauses cited in FAR52.212-5 are incorporated by reference and apply to this acquisition.
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Jan 2018) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50 Combating Trafficking in Persons (Mar 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
DFARS Provisions and Clauses:
252.201-7000 Contracting Officer’s Representative (Dec 1991) 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (Sep 2011) 252.203-7005 Representation Relating to Compensation of Former DOD Officials (May 2018) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016) 252.204-7015 Disclosure of Information Litigation Support Contractors (May 2016) 252.211-7003 Item Identification and Valuation (Mar 2016) 252.211-7008 Use of Government-Assigned Serial Numbers (Sep 2010) 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) 252.225-7000 Buy American Statute-Balance of Payments Program Certificate (Nov 2014) 252.225-7001 Buy America and Balance of Payments Program—Basic (Dec 2017) 252.232-7003 Electronic Submission of Payment Request and Receiving Reports (Jun 2012) 252.232-7006 Wide Area Workflow Payment Instructions (May 2013) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.244-7000 Contractor Purchasing System Administration-Basic (May 2014) 252.247-7023 Transportation of Supplies by Sea (Apr 2014)
Additional FAR and DFARS provisions and clauses incorporated by full text:
52.212-2 Evaluation -- Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical: The Technical Fact provides an assessment of the offeror’s capability to satisfy the Government’s minimum requirements.
The Technical Factors will receive one of the adjectival ratings defined below.
Table A-1. Technical Acceptable/Unacceptable Ratings
| Rating |
| Description |
| Acceptable |
| Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown |
| Unacceptable |
| Based on the offeror’s performance, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. |
In order to receive an acceptable rating, the technical factor submissions must submit sufficient information to determine acceptability when compared to the technical specifications required.
(ii) Price: Price will not be scored or rated. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3(a). Through these techniques the Government will determine whether prices are fair and resasonable.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after.
(End of Provision)
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 30 days before the contract expiration.
(End of clause)
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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 60 Months.
(End of clause)
52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these addresses:
http://farsite.hill.af.mil http://farsite.hill.af.mil/vffara.htm (End of Provision)
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/these addresses:
http://farsite.hill.af.mil http://farsite.hill.af.mil/vffara.htm (End of Clause)
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