Attachment 2_Provisions and Clauses.pdf

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Monitoring and Evaluation of Russian River Coho Salmon
Solicitation number
W912P727QA002
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About this file

This document is a comprehensive listing of contract clauses, provisions, and representations incorporated into a federal solicitation for commercial products and services. The file organizes clauses across multiple sections: Section G covers contract administration data with Defense Federal Acquisition Regulation Supplement (DFARS) clauses for the Contracting Officer's Representative and electronic payment submission (effective dates 1991-12 and 2018-12 respectively). Section I consolidates contract clauses from both the Federal Acquisition Regulation (FAR) and DFARS, including provisions addressing system award management maintenance, small business subcontracting, equal employment opportunity, labor standards, sustainability, and payment procedures (effective dates ranging from 1984 to 2026-02). Key clauses include FAR 52.219-14 on limitations on subcontracting for small business set-asides with percentage thresholds for services (50%), supplies (50%), general construction (85%), and construction by special trade contractors (75%); FAR 52.217-8 on options to extend services up to six months with rate adjustments limited to prevailing labor rate revisions; and DFARS 252.240-7997 addressing NIST SP 800-171 cybersecurity assessment requirements.

Section K addresses representations, certifications, and statements required from offerors, including certifications regarding foreign contracting party taxation, covered defense telecommunications equipment prohibitions, and conflicts of interest in consulting services—specifically prohibiting consulting contracts with covered foreign entities (People's Republic of China, Russian Federation, state sponsors of terrorism, and entities on Commerce Department lists). Section L establishes instructions and notices to offerors, including requirements for System for Award Management registration and notice regarding the Supplier Performance Risk System (effective 2023-03). Section M specifies evaluation factors: technical compliance with the Performance Work Statement, past performance based on multiple information sources, and price, with options evaluated by combining option prices with base requirement costs. The document includes two full-text provisions for commercial products and services evaluation (effective 2026-02) and HUBZone small business price evaluation preference with a 10 percent evaluation factor applied to non-HUBZone offers unless the offeror waives the preference.

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Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative.

1991-12

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

2018-12

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

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

(Deviation 2026-O0038)

2026-02

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

2026-02

52.212-4 2026-02

52.219-8 2026-02

52.219-9 2026-02 Alternate

IV

2026-02

52.222-3 2026-02

52.222-35 2026-02

52.222-36 2026-02

52.222-37 2026-02

52.222-40 2026-02

52.222-41

(Deviation 2026-O0038)

Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

Utilization of Small Business Concerns. (Deviation 2026- O0038)

Small Business Subcontracting Plan. (Deviation 2026-O0038) (Alternate IV) Convict Labor. (Deviation 2026- O0038)

Equal Opportunity for Veterans.

(Deviation 2026-O0038)

Equal Opportunity for Workers with Disabilities. (Deviation 2026-O0038)

Employment Reports on Veterans. (Deviation 2026- O0038)

Notification of Employee Rights Under the National Labor Relations Act. (Deviation 2026- O0038)

Service Contract Labor Standards. (Deviation 2026- O0038)

52.222-43 2026-02

52.222-50 2026-02

52.222-54 2026-02

52.222-55 2026-02

52.222-62 2026-02

52.222-90 2026-04

52.223-23 2026-02

52.226-8 2024-05

52.229-12 2026-02

52.232-33

Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (Deviation 2026- O0038)

Combating Trafficking in Persons. (Deviation 2026-O0038)

Employment Eligibility Verification. (Deviation 2026- O0038)

Minimum Wages for Contractor Workers Under Executive Order 14026. (Deviation 2026-O0038)

Paid Sick Leave Under Executive Order 13706. (Deviation 2026- O0038)

Addressing DEI Discrimination by Federal Contractors.

(Deviation 2026-O0040,)

Sustainable Products. (Deviation 2026-O0038)

Encouraging Contractor Policies to Ban Text Messaging While Driving.

Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

Payment by Electronic Funds 2018-10

Transfer-System for Award Management.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.240-93 Basic Safeguarding of Covered Contractor Information Systems.

(Deviation 2026-O0038)

2026-02

52.242-5 Payments to Small Business Subcontractors.

2017-01

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

2023-01

252.204-7023 Reporting Requirements for Contracted Services.

2021-07

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2023-01

2006-12252.232-7010 Levies on Contract Payments.

Operations.

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

2023-01

252.240-7997 NIST SP 800-171 DoD Assessment Requirements.

(DEVIATION 2026-O0025)

2026-02 Deviation 2026- O0025

2026-02

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.244-7999 Subcontracts for Commercial Products or Commercial Services. (DEVIATION 2026- O0015)

2026-02 Deviation 2026- O0015

2026-02

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.217-8 Option to Extend Services. 1999-11

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 15 days of exercising the option.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires.

2014-05

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.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

52.219-14 Limitations on Subcontracting.

Limitations on Subcontracting (2026-06)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

□ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture.

Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

Section K - Representations, Certification, & Other Statements

FAR Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

2024-09

52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (Deviation 2026- O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7005 Representation Relating to Compensation of Former DoD Officials.

2022-09

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

2016-10

252.225-7055 Representation Regarding Business Operations with the Maduro Regime.

2022-05

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-

2023-06

Representation.

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (Deviation 2026- O0038)

2026-02

Tax on Certain Foreign Procurements-Notice and Representation (Feb 2026) (Deviation 2026- O0038)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [ ] is [ ] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)

DFARS Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

2019-12

COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, "covered defense telecommunications equipment or services" has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] 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.

(End of provision)

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

2021-05

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)

Section L - Instructions, Conditions, & Notices to Offerors or Quoters

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-7 System for Award Management- Registration. (Deviation 2026- O0038)

2026-02

52.212-1 Instructions to Offerors- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

DFARS Provisions Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

2023-03

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Deviation 2026-O0038)

Notice of Price Evaluation preference for HUBZone Small Business Concerns (Feb 2026) (Deviation 2026-O0038)

(a) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(b) Waiver of evaluation preference. A HUBZone small business concern may choose to waive the evaluation preference. If the concern waives the preference, the factor will be added to its offer for evaluation purposes.

[ ] Offeror chooses to waive the evaluation preference.

(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of provision)

DFARS Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.209-7012 Prohibition Relating to Conflicts of Interest in Consulting Services-

2025-10

Certification.

PROHIBITION RELATING TO CONFLICTS OF INTEREST IN CONSULTING SERVICES-

CERTIFICATION (OCT 2025)

(a) Definitions. As used in this provision-

"Consulting services" means advisory and assistance services, except that "consulting services" does not include the provision of products or services related to-

(1) Compliance with legal, audit, accounting, tax, reporting, or other requirements of the laws and standards of countries; or

(2) Participation in a judicial, legal, or equitable dispute resolution proceeding.

"Contract oversight entity" means any of the following:

(1) The Contracting Officer.

(2) The Contracting Officer's Representative.

(3) The Defense Contract Management Agency.

(4) The Defense Contract Audit Agency.

(5) The DoD Office of Inspector General or any subcomponent of that office.

(6) The Government Accountability Office.

"Covered contract" means a DoD contract involving consulting services.

"Covered foreign entity" means any of the following:

(1) The government of the People's Republic of China, the Chinese Communist Party, the People's Liberation Army, the Ministry of State Security, or other security service or intelligence agency of the People's Republic of China.

(2) The government of the Russian Federation or any entity sanctioned by the Secretary of the Treasury under Executive Order 13662, Blocking Property of Additional Persons Contributing to the Situation in Ukraine.

(3) The government of any country, if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism, pursuant to any of the following:

(i) Section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)).

(ii) Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).

(iii) Section 40 of the Arms Export Control Act (22 U.S.C. 2780).

(iv) Any other provision of law.

(4) Any entity included on any of the following lists maintained by the Department of Commerce (see the Export Administration Regulations at 15 CFR subchapter C):

(i) The Entity List in supplement no. 4 to 15 CFR part 744.

(ii) The Denied Persons List as described in 15 CFR 764.3(a)(2).

(iii) The Unverified List in supplement no. 6 to 15 CFR part 744.

(iv) The Military End User List in supplement no. 7 to 15 CFR part 744.

(5) Any entity identified by the Secretary of Defense pursuant to section 1237(b) of the National Defense Authorization Act for Fiscal Year 1999 (Pub. L. 105-261; 50 U.S.C. 1701 note).

(6) Any entity on the Non-Specially Designated Nationals Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 14032, Addressing the Threat From Securities Investments That Finance Certain Companies of the People's Republic of China.

(b) Prohibition. DoD cannot award to the Offeror a contract assigned a North American Industry Classification System code beginning with 5416 if the Offeror-

(1) Cannot certify that neither the Offeror nor any of its subsidiaries or affiliates hold a contract or subcontract that involves consulting services with one or more covered foreign entities; and

(2) Does not maintain a conflict-of-interest mitigation plan as described in paragraph (d) of this provision.

(c) Certification. The Offeror certifies that-

(1)(i) It does [ ] does not [ ] hold a contract or subcontract that involves consulting services with one or more covered foreign entities; and

(ii) Its subsidiaries or affiliates do [ ] do not [ ] hold a contract or subcontract that involves consulting services with one or more covered foreign entities; and

(2) It does [ ] does not [ ] maintain a conflict-of-interest mitigation plan described in paragraph

(d) of this provision.

(d) Conflict-of-interest mitigation plan. If the Offeror answered in the affirmative in paragraphs (c)(1) and (2) of this provision, then the Offeror shall submit its conflict-of-interest mitigation plan to the Contracting Officer for approval. The Offeror may contact the Contracting Officer for guidance on submitting the Offeror's conflict-of-interest mitigation plan.

(1) The Offeror's conflict-of-interest mitigation plan shall be auditable by a contract oversight entity and shall include-

(i) An identification, unless otherwise prohibited by law or regulation, of any covered contracts of the Offeror or its subsidiaries or affiliates with a covered foreign entity. If the Offeror is unable to identify one or more covered foreign entities due to confidentiality obligations, the Offeror shall identify such entities as a covered foreign entity;

(ii) A written analysis, including a course of action for avoiding, neutralizing, or mitigating the actual or potential conflict of interest of such a covered contract;

(iii) A description of the procedures by which the Offeror or its subsidiaries or affiliates will ensure that individuals who will perform the scope of a covered contract will not, for the duration of such contract, also provide any consulting services to any covered foreign entity; and

(iv) A description of the procedures by which the Offeror or its subsidiaries or affiliates will submit to the contract oversight entities a notice of an unmitigated conflict of interest with respect to a covered contract within 15 days of determining that such a conflict has arisen.

(2) The Contracting Officer will incorporate the Offeror's approved conflict-of-interest mitigation plan into any contract awarded to the Offeror resulting from this solicitation.

Section M - Evaluation Factors for Award

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.217-5 Evaluation of Options. (Deviation 2026-O0038)

2026-02

FAR Provisions Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.212-2 Evaluation-Commercial Products and Commercial Services.

(Deviation 2026-O0038)

2026-02

Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-O0038)

(a) Evaluation factors. 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 will be used to evaluate offers:

(1) Technical. Each quotation will be evaluated to determine how well the proposed products or services meet the requirements of the Performance Work Statement.

(2) Past Performance/Experience. Each quotation will be evaluated for past performance based on information from a wide range of sources.

(3) Price. Each quotation will be evaluated for price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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 its receipt, unless a written notice of withdrawal is received before award.

Solicitation/Contract Form
Supplies or Services & Prices or Costs
Description/Specifications/Statement of Work
Contract Administration Data
Contract Clauses
Representations, Certification, & Other Statements
Instructions, Conditions, & Notices to Offerors or Quoters
Evaluation Factors for Award
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File details come from the government source that posted it. Updated .