Attachment_2_-_Provisions_and_Clauses_19Aug19.pdf

Provision and Clauses for Solicitation Number: W9124R19Q0033

The following FAR Clauses and Provisions apply to this acquisition:

52.203-3 Gratuities (Apr 1984) 52.204-7 System for Award Management (Oct 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 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 (Oct 2018) 52.212-3 Offeror Representations and Certifications – Commercial Items (Oct 2018) 52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Aug 2019) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.247-34 F.o.b. Destination (Nov 1991)

Clauses that are automatically included within 52.212-5 are:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.233-3, Protest After Award (AUG 1996) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

Specific clauses cited in FAR52.212-5 are incorporated by reference and apply to this acquisition.

52.219-6, Notice of Total Small Business Aside (Oct 2015) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3, Convict Labor (June 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 (Jun 2019) 52.222-50, Combating Trafficking in Persons (Jun 2019) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2019)

52.225-13, Restrictions on Certain Foreign Purchases (June 2008) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.222-17 Nondisplacement of Qualified Workers (Jun 2019) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May2014) 52.222-55 Minimum Wages (Dec 2015) 52.222-62 Paid Sick Leave (Jan 2017)

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) 252.204-7004 DoD Antiterrorism Awareness Training for Contractors (Feb 2019) 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 Notice of Authorized Disclosure of Information for Litigation Support (May 2016) 252.211-7003 Item Identification and Valuation (Mar 2016) 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 (Dec 2018) 252.232-7006 Wide Area Workflow Payment Instructions (May 2013) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 252.247-7022 Representation of Extent of Transportation by Sea (Jun 2019) 252.247-7023 Transportation of Supplies by Sea (Feb 2019)

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 reasonable, complete and balanced.

(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)

52.252-1 -- 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 address(es):

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 address(es):

http://farsite.hill.af.mil http://farsite.hill.af.mil/vffara.htm

(End of Clause) http://farsite.hill.af.mil/ http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/ http://farsite.hill.af.mil/vffara.htm