Air Show Social Media

FA486119QA037
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COMBINED SYNOPSIS/SOLICITATION
This is a combined synopsis/solicitation, which is expected to result in an award of a "Firm-Fixed Price" contract for
a commercial item, 2019 Airshow Social Media. The combined synopsis/solicitation is prepared in accordance with
the procedures in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional
information included in this notice. This announcement constitutes the only solicitation; quotes are being requested
and a written solicitation will not be issued. This synopsis/solicitation is conducted as a commercial item
procurement using Simplified Acquisition Procedures (FAR Part 13). An award, if any, will be made to the
responsible offeror who submits a quote that (1) conforms to the requirements of the synopsis/solicitation; (2) that
receives a rating of "Acceptable" on the Technical Capability evaluation factor; and (3) that submits the quotes with
the lowest total evaluated price (TEP), provided that the TEP is not unbalanced and is determined to be fair and
reasonable. The Government reserves the right to award without discussions or to make no award at all depending
upon (1) the quality of quotes received and (2) whether proposed prices are determined to be fair and reasonable.
FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS REQUIREMENT BUT THE GOVERNMENT
EXPECTS FUNDING TO BE MADE AVAILABLE NO LATER THAN 7 DAYS PRIOR TO THE
PERFORMANCE DATE OF THE CONTRACT AWARDED FROM THIS SOLICITATION. APPARENT
AWARDEE MUST ACCEPT AND SIGN A LETTER OF INTENT TO GUARANTEE PERFORMANCE
UNTIL FUNDING IS MADE AVAILABLE.
Solicitation Number: FA486119QA037
This combined synopsis/solicitation is being issued as a 100% Small Business Set Aside.
NAICS: 541820
PSC: R708
Solicitation Closing Date: Quotes must be received not later than 5:00 PM, Pacific Time on
19 Aug 2019.
Send Quotes To:
99 CONS/PKC
Attn: Monte M. Clark
monte.clark@us.af.mil
NOTE: Quotes are to be submitted by email.
The Quotes may be in any format but MUST include:
1) Quotes company's name, address, phone, and tax identification number (TIN); CAGE #
2) Point of Contact's name, phone number, and email address
3) Quotes number and date
4) Item price
5) Shipping (FOB Destination)
6) Total Price
7) Applicable Discounts
8) Payment terms Net 30 (after delivery and acceptance)
9) Timeframe that the quote is valid
10) Delivery Schedule
11) Warranty Information (if applicable)
- Quotes must include all services required for this requirement, partial quotes will be deemed technically
unacceptable.
- Vendors must provide documentation (ie. name of event, dates, location, approximate number of attendees) of
two executed events of a similar size and complexity
FA486119QA037
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Quotations MUST also contain a complete description of item(s) offered to clearly show item(s) meets or exceeds
the requirements listed above. The Contracting Officer will review quotations based on the factors listed in this
solicitation and the information furnished by the offeror. Before price is considered, the quotation must meet the
technical requirements.
Any correspondence sent via email must contain the subject line "Solicitation FA486119QA037"
Emails with compressed files are not permitted. Note that email filters at Nellis Air Force Base are designed to filter
emails without subject lines or with suspicious subject lines or contents (i.e., .exe or .zip files). Therefore, if the
specified subject line is not included, the email may not get through the email filters. Also be advised that .zip or
.exe files are not allowable attachments and may be deleted by the email filters at Nellis. If sending attachments with
email, ensure only .pdf, .doc, .docx, .xls or .xlsx documents are sent.
Address questions regarding this synopsis/solicitation to Monte M. Clark by phone at (702) 679-2526 or via email at
monte.clark@us.af.mil.
A detailed description of the requirement including provisions and clauses, representations and certifications, are
provided in the attached documents. Upon award, any provisions that were in the solicitation (including
representations and certifications) will be removed from the award document.
IMPORTANT NOTICE TO ALL CONTRACTORS: All prospective awardees are required to register in the System
for Award Management (SAM) and maintain active registration during the life of the contract. SAM can be accessed
at https://www.sam.gov/SAM/.
RELEVANT CLAUSES THAT ARE INCLUDED BUT NOT LIMITED TO:
FAR 52.212-2 - Evaluation Commercial Items
Evaluation Factors: The Government will follow the evaluation procedures set forth in in FAR 13.106-2 -
Evaluation of Quotations or Offers. The Government will award a contract resulting from this solicitation to the
responsible offeror whose quote, 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 in descending order of
importance:
1. Price
2. Technical acceptability
52.232-19 -- Availability of Funds for the Next Fiscal Year.
As prescribed in 32.706-1(b), insert the following clause in solicitations and contracts if a one-year indefinitequantity
or requirements contract for services is contemplated and the contract
(a) is funded by annual appropriations and
(b) is to extend beyond the initial fiscal year (see 32.703-2(b)):
Availability of Funds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract. The Government's obligation for
performance of this contract beyond that date is contingent upon the availability of appropriated funds from which
payment for contract purposes can be made. No legal liability on the part of the Government for any payment may
arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives
notice of such availability, to be confirmed in writing by the Contracting Officer.
FA486119QA037
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
252.204-7006 Billing Instructions. 2005-10
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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. (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.) (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 item financing, submit a commercial item financing request. (2) ) Fast Pay requests are
only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. (f) [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 activitys 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)
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FA486119QA037
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements or Statements-Representation.
2017-01
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10
52.204-18 Commercial and Government Entity Code Maintenance. 2016-07
52.204-22 Alternative Line Item Proposal. 2017-01
52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment.
2015-10
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law.
2016-02
52.219-6 Deviation 2019-
O0003
Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11
52.219-13 Notice of Set-Aside of Orders. 2011-11
52.222-21 Prohibition of Segregated Facilities. 2015-04
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08
52.225-13 Restrictions on Certain Foreign Purchases. 2008-06
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04
DFARS Clauses Incorporated by Reference
Number Title 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. 2013-09
252.204-7003 Control of Government Personnel Work Product. 1992-04
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident
Reporting.
2016-10
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous
Materials.
2014-09
252.225-7001 Buy American and Balance of Payments Program. 2017-12
252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12
252.225-7048 Export-Controlled Items. 2013-06
252.232-7010 Levies on Contract Payments. 2006-12
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06
252.243-7001 Pricing of Contract Modifications. 1991-12
252.244-7000 Subcontracts for Commercial Items 2013-06
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. 1989-12
As prescribed in 4.103 , insert the following clause: Approval of Contract (Dec 1989) This contract is subject to the written
approval of ____[identify title of designated agency official here] and shall not be binding until so approved. (End of clause)
52.212-3 Alternate I Offeror Representations and Certifications-Commercial Items. 2018-10
As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications-Commercial
Items (Oct 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual
representations and certification electronically in the System for Award Management (SAM) accessed through https://
www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror
shall complete only paragraphs (c) through (u)) of this provision. (a) Definitions. As used in this provision- Economically
disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51
percent directly and unconditionally owned by, and the management and daily business operations of which are controlled
by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with
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13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Forced
or indentured child labor means all work or service- (1) Exacted from any person under the age of 18 under the menace
of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any
person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls
one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level
owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control
include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests
among family members, shared facilities and equipment, and the common use of employees. Inverted domestic corporation,
means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b),
applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Manufactured end product means any end product
in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2)
Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC
9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440,
Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic;
and (10) PSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled
out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Restricted
business operations means business operations in Sudan that include power production activities, mineral extraction
activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability
and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the
person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business
can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the
Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3)
Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to
an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services
that are used only to promote health or education; or (6) Have been voluntarily suspended.Sensitive technology- Sensitive
technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used
specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech
of the people of Iran; and (2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers
Act (50 U.S.C. 1702(b)(3)). Service-disabled veteran-owned small business concern- (1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The
management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case
of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2)
Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as
defined in 38 U.S.C. 101(16). Small business concern means a concern, including its affiliates, that is independently owned
and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Small disadvantaged business concern,
consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition,
that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially
disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals
who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding
$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and (2) The management
and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in
paragraphs (1)(i) and (ii) of this definition. Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation Successor means an entity
that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name
(often through acquisition or merger). The term successor does not include new offices/divisions of the same company or a
company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor
may vary, depending on State law and specific circumstances. Veteran-owned small business concern means a small
business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Womenowned
small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part127), means a
small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily
business operations of which are controlled by, one or more women who are citizens of the United States. Women-owned
small business concern means a small business concern- (1) That is at least 51 percent owned by one or more women; or,
in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and (2)
Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations
and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change
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the representations and certifications in SAM (2) The offeror has completed the annual representations and certifications
electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by
submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror
Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current,
accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code
referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR
4.1201), except for paragraphs ____. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the
offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s)
are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided
by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications
posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be
performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents
as part of its offer that it [_]is, [_]is not a small business concern. (2) Veteran-owned small business concern. [Complete
only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The offeror represents
as part of its offer that it [_]is, [_]is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small
business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph
(c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned
small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, that it [_]is, [_]is not a small disadvantaged
business concern as defined in 13 CFR124.1002. (5) Women-owned small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is,
[_] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete
only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.]
The offeror represents that- (i) It [_]is, [_]is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and (ii) It [_]is, [_]is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program
participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB
Program and other small businesses that are participating in the joint venture: ____.] Each WOSB concern eligible under
the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7)
Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented
itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It
[_]is, [_]is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in
circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_]is, [_]is not a joint venture that
complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate
for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture: ____.] Each EDWOSB concern participating
in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)
(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business
concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not
represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]is a womenowned
business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business
offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by
offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____ (10) HUBZone small business
concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The
offeror represents, as part of its offer, that- (i) It [_]is, [_]is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration,
and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since
it was certified in accordance with 13 CFR Part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with
the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of
the HUBZone small business concerns participating in the HUBZone joint venture: ____.] Each HUBZone small business
concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance.
The offeror represents that- (i) It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not filed all required compliance reports. (2) Affirmative Action
Compliance. The offeror represents that- (i) It [_] has developed and has on file, [_] has not developed and does not have
on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41
CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal
Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By
submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in
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FA486119QA037
connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made
a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer,
OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not
report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-
Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2)
of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign
end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end
product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end
product. The terms commercially available off-the-shelf (COTS) item component, domestic end product, end product, foreign
end product, and United States are defined in the clause of this solicitation entitled Buy American-Supplies. (2) Foreign
End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ || ____ || ____ || ____ | [List as necessary] (3) The
Government will evaluate offers in accordance with the policies and procedures of FAR part 25. (g) (1) Buy American-Free
Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade
Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those
listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United
States. The terms Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product, commercially available off-the-shelf
(COTS) item, component, domestic end product, end product, foreign end product, Free Trade Agreement country, Free
Trade Agreement country end product, Israeli end product, and United States are defined in the clause of this solicitation
entitled Buy American-Free Trade Agreements-Israeli Trade Act. (ii) The offeror certifies that the following supplies are Free
Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products)
or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade
Act: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End
Products) or Israeli End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ || ____ || ____ || ____ | [List as
necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)
(ii) of this provision) as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade
Act. The offeror shall list as other foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in
paragraph (2) of the definition of domestic end product. Other Foreign End Products: | Line Item No. || Country of Origin ||
____ || ____ || ____ || ____ || ____ || ____ | [List as necessary] (iv) The Government will evaluate offers in accordance with
the policies and procedures of FAR part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate
I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for
paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products
as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: Canadian End
Products: | Line Item No. || ____ || ____ || ____ | [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade
Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade
Agreements-Israeli Trade Act: Canadian or Israeli End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ ||
____ || ____ || ____ | [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate
III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for
paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement
country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian
End Products) or Israeli End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ || ____ || ____ || ____ | [List
as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included
in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision,
is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled Trade Agreements. (ii)
The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ || ____ || ____ || ____ | [List as necessary] (iii)
The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered
by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to
the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated
country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for
such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters
(Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The
offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) [_]Are, [_]are not
presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal
agency; (2) [_]Have, [_]have not, within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes
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relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [_]Are,
[_]are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any
of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_]Have, [_]have not, within a three-year period
preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability
remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally
determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending
administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until
all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent
if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in
cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of
deficiency, under I.R.C. ?6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is
not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final
tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with
respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. ?6320 entitling the taxpayer to
request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS
determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability
because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final
tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all
judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. ?6159. The taxpayer
is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer
is not delinquent because enforced collection action is stayed under 11 U.S.C. ?362 (the Bankruptcy Code). (i) Certification
Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in
paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring
Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products.
| Listed End Product || Listed Countries of Origin || ____ || ____ | (2) Certification. [If the Contracting Officer has identified
end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)
(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this
provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The
offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in
the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine
whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under
this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place
of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.)
For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to
provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated
price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products
manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from
the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the
contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) Maintenance, calibration, or
repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items
of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or
traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in
the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established
catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will
be the same as that used for these employees and equivalent employees servicing the same equipment of commercial
customers. (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The
services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror
(or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal
business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or
market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract
will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an
annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than
a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service
employees performing work under the contract is the same as that used for these employees and equivalent employees
servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the
conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage
determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting
Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of
this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification
Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the
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SAM to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C.
6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may
be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in
FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3)
Taxpayer Identification Number (TIN). [_] TIN: ____. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror
is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with
the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying
agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government. (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate
entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign
government; [_] International organization per 26 CFR1.6049-4; [_] Other ____. (5) Common parent. [_] Offeror is not owned
or controlled by a common parent; [_] Name and TIN of common parent: Name ____. TIN ____. (m) Restricted business
operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business
operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation,
or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in
accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It [_]is, [_] is not an inverted
domestic corporation; and (ii) It [_]is, [_]is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting
with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning
sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless
a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the
offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to
the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the
government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any
activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror,
and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with
Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which
are blocked pursuant to the International Emergency Economic Powers Act (et seq.) (see OFAC's Specially Designated
Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation
includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has
certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of
Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique
entity identifier in the solicitation). (1) The Offeror represents that it [_] has or [_] does not have an immediate owner. If the
Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if
applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates has in paragraph
(p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____. Immediate owner legal name:
____. (Do not use a doing business as name) Is the immediate owner owned or controlled by another entity: [_] Yes or
[_] No. (3) If the Offeror indicates yes in paragraph (p)(2) of this provision, indicating that the immediate owner is owned
or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ____. Highest-level
owner legal name: ____. (Do not use a doing business as name) (q) Representation by Corporations Regarding Delinquent
Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in
subsequent appropriations acts, The Government will not enter into a contract with any corporation that- (i) Has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to
protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension
or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the
Government. (2) The Offeror represents that- (i) It is [_] is not [_] a corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(ii) It is [_] is not [_]a corporation that was convicted of a felony criminal violation under a Federal law within the preceding
24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.) (1) The Offeror represents that it [_]is or [_]is not a successor to a predecessor that
held a Federal contract or grant within the last three years. (2) If the Offeror has indicated is in paragraph (r)(1) of this
provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark Unknown).
Predecessor legal name: .____ (Do not use a doing business as name). (s) [Reserved]. (t) Public Disclosure of Greenhouse
Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)). (1)
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This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal
fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the
prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The
Offeror (itself or through its immediate owner or highest-level owner) [_] does, [_] does not publicly disclose greenhouse gas
emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in
accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse
Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) [_]does,
[_]does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly
accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii)
A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions
reporting program. (3) If the Offeror checked does in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror
shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:____.
(u) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing
resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts
with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign
internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors
from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a
Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision
does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement),
Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer,
the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting
waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement
representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector
General). Alternate I (Oct2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11)
(Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) ____ Black American.
____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-
Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands,
Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong,
Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India,
Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the
preceding.
52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10
As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions-Commercial Items (Oct 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements
of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered
for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of
nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects
or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of
nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable
time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the
condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee
may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other
financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31U.S.C.3727).
However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor
may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this
contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41U.S.C.chapter71,
Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment,
claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the
clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at
FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default
unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or
negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The
Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any
excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable
dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address
designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice
date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit
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of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the
bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt
payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of
person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include
its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A)
The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT
banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall
have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g.,
52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic
Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information
is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with
the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at
5 CFR Part1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and
agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe,
any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the
Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made
for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2)
Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and
prompt payment regulations at 5 CFR Part1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment
by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early
payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment
shall be considered to have been made on the date which appears on the payment check or the specified payment date if
an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract
financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment,
the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description
of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment,
liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C)
Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and
supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor
to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of
becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41
U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and
then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government
may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The
Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are
unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt
previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts
were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests
a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for
payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same
due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date
fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting
from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved
beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been
withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt
would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced
under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under
this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a
carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the
contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local
taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this
contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop
all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the
terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work
performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of
the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be
required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not
give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or
costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this
contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with
any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future
performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for
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FA486119QA037
supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies
provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall
be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under
this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical
possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and
fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an
express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect
or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and
local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with
laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the
use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C.
chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C.
2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement
integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence
in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other
Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this
clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer
software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The StandardForm1449. (8)
Other documents, exhibits, and attachments. (9) The specification. (t) [Reserved] (u) Unauthorized Obligations. (1) Except
as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End
User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause
requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or
liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause
is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be
deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.
If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable
mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government
authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal
instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that
is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v)
Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via
the System for Award Management (SAM), are incorporated by reference into the contract.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-
Commercial Items. 2019-05
As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes
or Executive Orders-Commercial Items (May2019) (a) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive
orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended
in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed
or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10,
Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (Aug 1996)
(31U.S.C.3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78
(19U.S.C.3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ____ (1) 52.203-6, Restrictions
on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41U.S.C.4704 and 10U.S.C.2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509)). ____ (3) 52.203-15,
Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub.
L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ____ (4) 52.204-10,
Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31U.S.C.6101note).
____ (5) [Reserved]. ____ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section
743 of Div. C). ____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)
(Pub. L. 111-117, section 743 of Div. C). ____ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31U.S.C.6101 note). ____ (9) 52.209-9, Updates
of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41U.S.C. 2313). ____ (10) [Reserved]. ____
(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15U.S.C.657a). (ii) Alternate I (Nov 2011)
of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)
(if the offeror elects to waive the preference, it shall so indicate in its offer) (15U.S.C.657a). ____ (ii) Alternate I (Jan 2011) of
52.219-4. ____ (13) [Reserved] ____ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15U.S.C.644).
(ii) Alternate I (Nov 2011). ____ (iii) Alternate II (Nov 2011). ____ (15) (i) 52.219-7, Notice of Partial Small Business Set-
Aside (June 2003) (15U.S.C.644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Oct2018) (15U.S.C.637(d)(2) and (3)). ____ (17) (i) 52.219-9,
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Small Business Subcontracting Plan (Aug2018) (15U.S.C.637(d)(4)) ____ (ii) Alternate I (Jan 2017) of 52.219-9. ____
(iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Aug 2018) of
52.219-9 ____ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C.644(r)). ____ (19) 52.219-14, Limitations
on Subcontracting (Jan 2017) (15U.S.C.637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan
1999) (15U.S.C.637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-
Aside (Nov 2011) (15U.S.C.657f). ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)
(15U.S.C.632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015) (15U.S.C.637(m)). ____ (24) 52.219-30, Notice of Set-Aside for,
or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business
Program (Dec2015) (15U.S.C.637(m)). ____ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). ____ (26) 52.222-19,
Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126). ____ (27) 52.222-21, Prohibition of
Segregated Facilities (Apr 2015). ____ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). (ii) Alternate I (Feb
1999) of 52.222-26. (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38U.S.C.4212). (ii) Alternate I (July 2014)
of 52.222-35. (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29U.S.C.793). (ii) Alternate I
(July 2014) of 52.222-36. ____ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C.4212). ____ (32)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ____ (33) (i)
52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O. 13627). ____ (ii) Alternate I (Mar
2015) of 52.222-50 (22U.S.C.chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct
2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain
other types of commercial items as prescribed in 22.1803.) ____(35) (i) 52.223-9, Estimate of Percentage of Recovered
Material Content for EPA-Designated Items (May 2008) (42U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition
of commercially available off-the-shelf items.) ____(ii) Alternate I (May 2008) of 52.223-9 (42U.S.C.6962(i)(2)(C)). (Not
applicable to the acquisition of commercially available off-the-shelf items.) ____(36) 52.223-11, Ozone-Depleting Substances
and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ____(37) 52.223-12, Maintenance,
Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693). ____ (38) (i)
52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Oct
2015) of 52.223-13. ____ (39) (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun2014) (E.O.s 13423 and
13514). (ii) Alternate I (Jun2014) of 52.223-14. (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)
(42U.S.C.8259b). ____ (41) (i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015) (E.O.s
13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. ____ (42) 52.223-18, Encouraging Contractor Policies
to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun2016) (E.O. 13693). ____ (45) (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a). ____
(ii) Alternate I (Jan 2017) of 52.224-3. ____ (46) 52.225-1, Buy American-Supplies (May 2014) (41U.S.C.chapter83). ____
(47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41U.S.C.chapter83,19U.S.C.3301
note, 19U.S.C.2112 note, 19U.S.C.3805 note, 19U.S.C.4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302,
109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ____ (ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate
II (May 2014) of 52.225-3. ____ (iv) Alternate III (May 2014) of 52.225-3. ____ (48) 52.225-5, Trade Agreements (Aug
2018) (19U.S.C.2501, et seq., 19U.S.C.3301 note). ____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June
2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the
Treasury). ____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note). ____ (51)
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42U.S.C.5150). ____ (52) 52.226-5, Restrictions on
Subcontracting Outside Disaster or Emergency Area (Nov2007) (42U.S.C.5150). ____ (53) 52.232-29, Terms for Financing
of Purchases of Commercial Items (Feb 2002) (41U.S.C.4505, 10U.S.C.2307(f)). ____ (54) 52.232-30, Installment Payments
for Commercial Items (Jan2017) (41U.S.C.4505, 10U.S.C.2307(f)). ____ (55) 52.232-33, Payment by Electronic Funds
Transfer-System for Award Management (Oct2018) (31U.S.C.3332). ____ (56) 52.232-34, Payment by Electronic Funds
Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). ____ (57) 52.232-36, Payment by Third
Party (May 2014) (31U.S.C.3332). ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5U.S.C.552a). ____
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15U.S.C.637(d)(13)). ____ (60) (i) 52.247-64,
Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C.Appx.1241(b) and 10U.S.C.2631). ____
(ii) Alternate I (Apr 2003) of 52.247-64. ____ (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with
the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being
incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of
commercial items: [Contracting Officer check as appropriate.] ____ (1) 52.222-17, Nondisplacement of Qualified Workers
(May 2014)(E.O. 13495). ____ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41U.S.C.chapter 67). ____
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29U.S.C.206 and 41U.S.C.chapter 67). ____
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option
Contracts) (Aug 2014) (29U.S.C.206 and 41U.S.C.chapter 67). ____ (5) 52.222-44, Fair Labor Standards Act and Service
Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41U.S.C.chapter67). ____ (6) 52.222-51,
Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair
of Certain Equipment-Requirements (May 2014) (41U.S.C.chapter67). ____ (7) 52.222-53, Exemption from Application of
the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41U.S.C.chapter67).
____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). ____ (9) 52.222-62, Paid Sick Leave
Under Executive Order 13706 (Jan 2017) (E.O. 13706). ____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit
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Organizations (May 2014) (42U.S.C.1792). (d) Comptroller General Examination of Record. The Contractor shall comply with
the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller
General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to
examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor
shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit,
or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7,
Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the
records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to
this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause,
records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless
of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in
the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses
in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than
those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the
flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)
(41U.S.C.3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii)
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns
(Oct 2018) (15U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract
(except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility),
the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17,
Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of
FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity
(Sept 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38U.S.C.4212). (ix) 52.222-36,
Equal Opportunity for Workers with Disabilities (Jul2014) (29U.S.C.793). (x) 52.222-37, Employment Reports on Veterans
(Feb2016) (38U.S.C.4212) (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service
Contract Labor Standards (Aug2018) (41U.S.C.chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan
2019) (22U.S.C.chapter78 and E.O 13627). (B) Alternate I (Mar2015) of 52.222-50(22U.S.C.chapter78 and E.O 13627). (xiv)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment-Requirements (May2014) (41U.S.C.chapter67). (xv) 52.222-53, Exemption from Application of
the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41U.S.C.chapter67). (xvi)
52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive
Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A)
52.224-3, Privacy Training (Jan 2017) (5U.S.C.552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors
Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National
Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation
to Nonprofit Organizations (May 2014) (42U.S.C.1792). Flow down required in accordance with paragraph (e) of FAR
clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C.
Appx.1241(b) and 10U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While
not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses
necessary to satisfy its contractual obligations.
52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07
As prescribed in 19.309(c), insert the following clause: Post-Award Small Business Program Rerepresentation (Jul
2013) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration,
including options. However, the term does not include contracts that exceed five years in duration because the period of
performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to
Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is
independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and
qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such
a concern is not dominant in its field of operation when it does not exercise a controlling or major influence on a national
basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether
dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees,
financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements,
facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern
prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if
applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of
a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement
was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not
require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition
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FA486119QA037
occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the
end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising
any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the
time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned
to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/
content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which
it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as
provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause
by validating or updating all its representations in the Representations and Certifications section of the System for Award
Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the
data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that
it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the
actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications
in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required
to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date
on which the rerepresentation was completed: The Contractor represents that it [_] is, [_] is not a small business concern
under NAICS Code ____ assigned to contract number ____. [Contractor to sign and date and insert authorized signer's
name and title]. (End of clause)
52.222-26 Equal Opportunity. 2015-09
As prescribed in 22.810(e), insert the following clause: Equal Opportunity (Sept 2015) (a) Definition. As used in this clause.
"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for
employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation
and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
"Compensation information" means the amount and type of compensation provided to employees or offered to applicants,
including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee
is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace;
market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations;
salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies
related to setting or altering employee compensation. "Essential job functions" means the fundamental job duties of the
employment position an individual holds. A job function may be considered essential if- (1) The access to compensation
information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or
duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation
information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "Sexual orientation" has the meaning given
by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/
LGBT/LGBT_FAQs.html. "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana
Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12-month period (including
the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts
and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except
for work performed outside the United States by employees who were not recruited within the United States. Upon request,
the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a
religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect
to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's
activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation
of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an
Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR
60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. This shall include, but not be limited to- (i) Employment; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v) Recruitment or
recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for
training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants
for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in
all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin. (5) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to
instances in which an employee who has access to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or
is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on
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discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract
Compliance Programs (OFCCP), to employees and applicants by- (A) Incorporation into existing employee manuals or
handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees
and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting
Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall
comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The
Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by
the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or
any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding
the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of
Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission
for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the
contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations.
The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized
records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive
Order11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that
the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract
may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may
be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules,
regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the
terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or
orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will
be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract
or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including
sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to
protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause
will be governed by the procedures in 41 CFR 60-1.
52.222-36 Equal Opportunity for Workers with Disabilities. 2014-07
As prescribed in 22.1408(a), insert the following clause: Equal Opportunity for Workers with Disabilities (Jul 2014) (a) Equal
opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a),
as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and
requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess
of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance
Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary
changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-50 Combating Trafficking in Persons. 2019-01
As prescribed in 22.1705(a)(1), insert the following clause: Combating Trafficking in Persons (Jan 2019) (a) Definitions.
As used in this clause- "Agent" means any individual, including a director, an officer, an employee, or an independent
contractor, authorized to act on behalf of the organization. "Coercion" means- (1) Threats of serious harm to or physical
restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform
an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of
the legal process. "Commercial sex act" means any sex act on account of which anything of value is given to or received
by any person. "Commercially available off-the-shelf (COTS) item" means- (1) Any item of supply (including construction
material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial
quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier,
without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk
cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Debt bondage" means the
status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person
under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward
the liquidation of the debt or the length and nature of those services are not respectively limited and defined. "Employee"
means an employee of the Contractor directly engaged in the performance of work under the contract who has other than
a minimal impact or involvement in contract performance. "Forced Labor" means knowingly providing or obtaining the labor
or services of a person- (1) By threats of serious harm to, or physical restraint against, that person or another person; (2)
By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such
labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the
abuse or threatened abuse of law or the legal process. "Involuntary servitude" includes a condition of servitude induced
by means of- (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into
or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The
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abuse or threatened abuse of the legal process. "Recruitment fees" means fees of any type, including charges, costs,
assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner,
or location of imposition or collection of the fee. (1) Recruitment fees include, but are not limited to, the following fees (when
they are associated with the recruiting process) for- (i) Soliciting, identifying, considering, interviewing, referring, retaining,
transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential
employees; (ii) Advertising (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv)
Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and
identity or immigration documents, such as passports, including any associated fees; (vii) Accessing the job opportunity,
including required medical examinations and immunizations; background, reference, and security clearance checks and
examinations; and additional certifications; (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;
(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees
or potential employees; (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds; (xi)
Transportation and subsistence costs- (A) While in transit, including, but not limited to, airfare or costs of other modes of
transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance
and the return journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite;
(xii) Security deposits, bonds, and insurance; and (xiii) Equipment charges. (2) A recruitment fee, as described in the
introductory text of this definition, is a recruitment fee, regardless of whether the payment is- (i) Paid in property or money;
(ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment,
free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not
limited to- (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement
firms); (E) Subsidiaries/affiliates of the employer; (F) Any agent or employee of such entities; and (G) Subcontractors at
all tiers. "Severe forms of trafficking in persons" means- (1) Sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The
recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. "Sex trafficking"
means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex
act. "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or
services to or for a prime contractor or another subcontractor. "United States" means the 50 States, the District of Columbia,
and outlying areas. (b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including
the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not- (1) Engage
in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex
acts during the period of performance of the contract; (3) Use forced labor in the performance of the contract; (4) Destroy,
conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such
as passports or drivers' licenses, regardless of issuing authority; (5) (i) Use misleading or fraudulent practices during the
recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by
the employee or potential employee, basic information or making material misrepresentations during the recruitment of
employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work,
the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be
charged to the employee or potential employee, and, if applicable, the hazardous nature of the work; (ii) Use recruiters that
do not comply with local labor laws of the country in which the recruiting takes place; (6) Charge employees or potential
employees recruitment fees; (7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the
end of employment- (A) For an employee who is not a national of the country in which the work is taking place and who was
brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts
performed outside the United States); or (B) For an employee who is not a United States national and who was brought into
the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is
required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of
contracts performed inside the United States); except that- (ii) The requirements of paragraphs (b)(7)(i) of this clause shall
not apply to an employee who is- (A) Legally permitted to remain in the country of employment and who chooses to do so;
or (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or
pay for the cost of return transportation; (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim
of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an
enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost
of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example,
the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.
This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply. (8) Provide or arrange
housing that fails to meet the host country housing and safety standards; or (9) If required by law or contract, fail to provide
an employment contract, recruitment agreement, or other required work document in writing. Such written work document
shall be in a language the employee understands. If the employee must relocate to perform the work, the work document
shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall
include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s),
living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the
content of applicable laws and regulations that prohibit trafficking in persons. (c) Contractor requirements. The Contractor
shall- (1) Notify its employees and agents of- (i) The United States Government's policy prohibiting trafficking in persons,
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described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees or agents for violations of
this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits,
or termination of employment; and (2) Take appropriate action, up to and including termination, against employees, agents,
or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. (1) The Contractor shall inform
the Contracting Officer and the agency Inspector General immediately of- (i) Any credible information it receives from any
source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee,
or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351,
Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which
requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and
(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to
this clause. (2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting
officer for the contract with the highest dollar value. (e) Remedies. In addition to other remedies available to the Government,
the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-
(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2)
Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments until the Contractor has taken
appropriate remedial action; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which
the Government determined Contractor non-compliance; (5) Declining to exercise available options under the contract; (6)
Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (7) Suspension
or debarment. (f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the
following: (1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the
time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may
include reparation to victims for such violations. (2) Aggravating factors. The Contractor failed to abate an alleged violation
or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so. (g) Full cooperation.
(1) The Contractor shall, at a minimum- (i) Disclose to the agency Inspector General information sufficient to identify the
nature and extent of an offense and the individuals responsible for the conduct; (ii) Provide timely and complete responses
to Government auditors' and investigators' requests for documents; (iii) Cooperate fully in providing reasonable access to its
facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies
to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of
2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in
persons, the procurement of commercial sex acts, or the use of forced labor; and (iv) Protect all employees suspected of
being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited,
and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities. (2) The
requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.
It does not- (i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work
product doctrine; (ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor,
to waive his or her attorney client privilege or Fifth Amendment rights; or (iii) Restrict the Contractor from- (A) Conducting an
internal investigation; or (B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed
violation. (h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that- (i) Is for supplies, other than
commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United
States; and (ii) Has an estimated value that exceeds $500,000. (2) The Contractor shall maintain a compliance plan during
the performance of the contract that is appropriate- (i) To the size and complexity of the contract; and (ii) To the nature and
scope of the activities to be performed for the Government, including the number of non-United States citizens expected
to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in
persons. (3) Minimum requirements. The compliance plan must include, at a minimum, the following: (i) An awareness
program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in
paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations.
Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for
the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/. (ii) A process
for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons,
including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at
1-844-888-FREE and its email address at help@befree.org. (iii) A recruitment and wage plan that only permits the use of
recruitment companies with trained employees, prohibits charging recruitment fees to the employees or potential employees
and ensures that wages meet applicable host-country legal requirements or explains any variance. (iv) A housing plan, if the
Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing
and safety standards. (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging
in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents,
subcontracts, or subcontractor employees that have engaged in such activities. (4) Posting. (i) The Contractor shall post
the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless
the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained).
If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the
compliance plan to each worker in writing. (ii) The Contractor shall provide the compliance plan to the Contracting Officer
upon request. (5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting
Officer that- (i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this
clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited
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activities; and (ii) After having conducted due diligence, either- (A) To the best of the Contractor's knowledge and belief,
neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or (B) If abuses relating to
any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has
taken the appropriate remedial and referral actions. (i) Subcontracts. (1) The Contractor shall include the substance of this
clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of
this clause apply only to any portion of the subcontract that- (A) Is for supplies, other than commercially available off-the-shelf
items, acquired outside the United States, or services to be performed outside the United States; and (B) Has an estimated
value that exceeds $500,000. (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall
require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in
paragraph (h)(5) of this clause.
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List of Attachments
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Representations, Certification, and other Statements of Offerors
FAR Clauses Incorporated by Reference
Number Title Effective Date
52.204-16 Commercial and Government Entity Code Reporting. 2016-07
DFARS Clauses Incorporated by Reference
Number Title Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials. As
prescribed in 203.171-4(b), insert the following provision:
2011-11
FAR Clauses Incorporated by Full Text
52.212-1 Instructions to Offerors-Commercial Items. 2018-10
As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors-Commercial Items (Oct 2018) (a) North
American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small
business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small
business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it
did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified
in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead
stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1) The solicitation number; (2)
The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in
the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty;
(6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the
representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the
offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information,
when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other
references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms,
conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or
reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers.
The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless
another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation,
product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this
solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and
expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple
offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items
are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the
requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications,
revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions,
or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.
If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office
on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at
the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not
be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer
would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized
by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was
received at the Government installation designated for receipt of offers and was under the Government's control prior to
the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii)
However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will
be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence
of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or
unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office
PAGE 27 OF 30
FA486119QA037
designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude
amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers
will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal
Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time
set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes
facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers,
subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an
offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting
withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for
Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the
offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government
reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government
may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities
and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items
of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers
may not be submitted for quantities less than those specified. The Government reserves the right to make an award on
any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the
offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications,
Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial
item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service
Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile
(202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs
issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation
may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional
copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the
following ASSIST websites: (i) ASSIST ( https://assist.dla.mil/online/start/). (ii) Quick Search ( http://quicksearch.dla.mil/). (iii)
ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of
Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii)
Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP,
Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215)
697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,
publication, or maintenance. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less
if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall
enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed
by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds
Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix
is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts
(see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity
designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that
it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique
entity identifier. (k) [Reserved] (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall
disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in
the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed
offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking
was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of
commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to
relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation,
applicable regulations, and other applicable authorities were followed by the agency. (End of provision)
PAGE 28 OF 30
FA486119QA037
Instrs., Conds., and Notices to Offerors
FAR Clauses Incorporated by Reference
Number Title Effective Date
52.204-7 System for Award Management. 2018-10
DFARS Clauses Incorporated by Reference
Number Title Effective Date
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.2018-01
FAR Clauses Incorporated by Full Text
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
2016-12
As prescribed in 23.804(b), insert the following provision: Public Disclosure of Greenhouse Gas Emissions and Reduction
Goals-Representation (Dec 2016) (a) This representation shall be completed if the Offeror received $7.5 million or more
in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year. (b) Representation. [Offeror is to check applicable
blocks in paragraphs (1) and (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) [_]does,
[_]does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of
a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently
applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (2) The Offeror (itself or through its immediate
owner or highest-level owner) [_]does, [_]does not publicly disclose a quantitative greenhouse gas emissions reduction goal,
i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific
quantity or percentage. (3) A publicly accessible website includes the Offeror's own website or a recognized, third-party
greenhouse gas emissions reporting program. (c) If the Offeror checked does in paragraphs (b)(1) or (b)(2) of this provision,
respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction
goals are reported:____. (End of provision)
PAGE 29 OF 30
FA486119QA037
Evaluation Factors for Award
PAGE 30 OF 30.

FA486119QA037
Page 1 of 30
COMBINED SYNOPSIS/SOLICITATION
This is a combined synopsis/solicitation, which is expected to result in an award of a "Firm-Fixed Price" contract for
a commercial item, 2019 Airshow Social Media. The combined synopsis/solicitation is prepared in accordance with
the procedures in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional
information included in this notice. This announcement constitutes the only solicitation; quotes are being requested
and a written solicitation will not be issued. This synopsis/solicitation is conducted as a commercial item
procurement using Simplified Acquisition Procedures (FAR Part 13). An award, if any, will be made to the
responsible offeror who submits a quote that (1) conforms to the requirements of the synopsis/solicitation; (2) that
receives a rating of "Acceptable" on the Technical Capability evaluation factor; and (3) that submits the quotes with
the lowest total evaluated price (TEP), provided that the TEP is not unbalanced and is determined to be fair and
reasonable. The Government reserves the right to award without discussions or to make no award at all depending
upon (1) the quality of quotes received and (2) whether proposed prices are determined to be fair and reasonable.
FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS REQUIREMENT BUT THE GOVERNMENT
EXPECTS FUNDING TO BE MADE AVAILABLE NO LATER THAN 7 DAYS PRIOR TO THE
PERFORMANCE DATE OF THE CONTRACT AWARDED FROM THIS SOLICITATION. APPARENT
AWARDEE MUST ACCEPT AND SIGN A LETTER OF INTENT TO GUARANTEE PERFORMANCE
UNTIL FUNDING IS MADE AVAILABLE.
Solicitation Number: FA486119QA037
This combined synopsis/solicitation is being issued as a 100% Small Business Set Aside.
NAICS: 541820
PSC: R708
Solicitation Closing Date: Quotes must be received not later than 5:00 PM, Pacific Time on
16 Aug 2019.
Send Quotes To:
99 CONS/PKC
Attn: Monte M. Clark
monte.clark@us.af.mil
NOTE: Quotes are to be submitted by email.
The Quotes may be in any format but MUST include:
1) Quotes company's name, address, phone, and tax identification number (TIN); CAGE #
2) Point of Contact's name, phone number, and email address
3) Quotes number and date
4) Item price
5) Shipping (FOB Destination)
6) Total Price
7) Applicable Discounts
8) Payment terms Net 30 (after delivery and acceptance)
9) Timeframe that the quote is valid
10) Delivery Schedule
11) Warranty Information (if applicable)
- Quotes must include all services required for this requirement, partial quotes will be deemed technically
unacceptable.
- Vendors must provide documentation (ie. name of event, dates, location, approximate number of attendees) of
two executed events of a similar size and complexity
FA486119QA037
Page 2 of 30
Quotations MUST also contain a complete description of item(s) offered to clearly show item(s) meets or exceeds
the requirements listed above. The Contracting Officer will review quotations based on the factors listed in this
solicitation and the information furnished by the offeror. Before price is considered, the quotation must meet the
technical requirements.
Any correspondence sent via email must contain the subject line "Solicitation FA486119QA037"
Emails with compressed files are not permitted. Note that email filters at Nellis Air Force Base are designed to filter
emails without subject lines or with suspicious subject lines or contents (i.e., .exe or .zip files). Therefore, if the
specified subject line is not included, the email may not get through the email filters. Also be advised that .zip or
.exe files are not allowable attachments and may be deleted by the email filters at Nellis. If sending attachments with
email, ensure only .pdf, .doc, .docx, .xls or .xlsx documents are sent.
Address questions regarding this synopsis/solicitation to Monte M. Clark by phone at (702) 679-2526 or via email at
monte.clark@us.af.mil.
A detailed description of the requirement including provisions and clauses, representations and certifications, are
provided in the attached documents. Upon award, any provisions that were in the solicitation (including
representations and certifications) will be removed from the award document.
IMPORTANT NOTICE TO ALL CONTRACTORS: All prospective awardees are required to register in the System
for Award Management (SAM) and maintain active registration during the life of the contract. SAM can be accessed
at https://www.sam.gov/SAM/.
RELEVANT CLAUSES THAT ARE INCLUDED BUT NOT LIMITED TO:
FAR 52.212-2 - Evaluation Commercial Items
Evaluation Factors: The Government will follow the evaluation procedures set forth in in FAR 13.106-2 -
Evaluation of Quotations or Offers. The Government will award a contract resulting from this solicitation to the
responsible offeror whose quote, 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 in descending order of
importance:
1. Price
2. Technical acceptability
52.232-19 -- Availability of Funds for the Next Fiscal Year.
As prescribed in 32.706-1(b), insert the following clause in solicitations and contracts if a one-year indefinitequantity
or requirements contract for services is contemplated and the contract
(a) is funded by annual appropriations and
(b) is to extend beyond the initial fiscal year (see 32.703-2(b)):
Availability of Funds for the Next Fiscal Year (Apr 1984)
Funds are not presently available for performance under this contract. The Government's obligation for
performance of this contract beyond that date is contingent upon the availability of appropriated funds from which
payment for contract purposes can be made. No legal liability on the part of the Government for any payment may
arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives
notice of such availability, to be confirmed in writing by the Contracting Officer.
FA486119QA037
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
252.204-7006 Billing Instructions. 2005-10
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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. (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.) (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 item financing, submit a commercial item financing request. (2) ) Fast Pay requests are
only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. (f) [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 activitys 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)
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FA486119QA037
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements or Statements-Representation.
2017-01
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10
52.204-18 Commercial and Government Entity Code Maintenance. 2016-07
52.204-22 Alternative Line Item Proposal. 2017-01
52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment.
2015-10
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law.
2016-02
52.219-6 Deviation 2019-
O0003
Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11
52.219-13 Notice of Set-Aside of Orders. 2011-11
52.222-21 Prohibition of Segregated Facilities. 2015-04
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08
52.225-13 Restrictions on Certain Foreign Purchases. 2008-06
52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2018-10
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04
DFARS Clauses Incorporated by Reference
Number Title 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. 2013-09
252.204-7003 Control of Government Personnel Work Product. 1992-04
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident
Reporting.
2016-10
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous
Materials.
2014-09
252.225-7001 Buy American and Balance of Payments Program. 2017-12
252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12
252.225-7048 Export-Controlled Items. 2013-06
252.232-7010 Levies on Contract Payments. 2006-12
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06
252.243-7001 Pricing of Contract Modifications. 1991-12
252.244-7000 Subcontracts for Commercial Items 2013-06
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. 1989-12
As prescribed in 4.103 , insert the following clause: Approval of Contract (Dec 1989) This contract is subject to the written
approval of ____[identify title of designated agency official here] and shall not be binding until so approved. (End of clause)
52.212-3 Alternate I Offeror Representations and Certifications-Commercial Items. 2018-10
As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications-Commercial
Items (Oct 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual
representations and certification electronically in the System for Award Management (SAM) accessed through https://
www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror
shall complete only paragraphs (c) through (u)) of this provision. (a) Definitions. As used in this provision- Economically
disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51
percent directly and unconditionally owned by, and the management and daily business operations of which are controlled
by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with
PAGE 10 OF 30
FA486119QA037
13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Forced
or indentured child labor means all work or service- (1) Exacted from any person under the age of 18 under the menace
of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any
person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls
one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level
owner. Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control
include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests
among family members, shared facilities and equipment, and the common use of employees. Inverted domestic corporation,
means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b),
applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Manufactured end product means any end product
in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2)
Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC
9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440,
Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic;
and (10) PSC 9630, Additive Metal Materials. Place of manufacture means the place where an end product is assembled
out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to
the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Restricted
business operations means business operations in Sudan that include power production activities, mineral extraction
activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability
and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the
person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business
can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the
Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3)
Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to
an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services
that are used only to promote health or education; or (6) Have been voluntarily suspended.Sensitive technology- Sensitive
technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used
specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech
of the people of Iran; and (2) Does not include information or informational materials the export of which the President does
not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers
Act (50 U.S.C. 1702(b)(3)). Service-disabled veteran-owned small business concern- (1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The
management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case
of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2)
Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as
defined in 38 U.S.C. 101(16). Small business concern means a concern, including its affiliates, that is independently owned
and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small
business under the criteria in 13 CFR Part 121 and size standards in this solicitation. Small disadvantaged business concern,
consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition,
that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially
disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals
who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding
$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and (2) The management
and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in
paragraphs (1)(i) and (ii) of this definition. Subsidiary means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation Successor means an entity
that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name
(often through acquisition or merger). The term successor does not include new offices/divisions of the same company or a
company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor
may vary, depending on State law and specific circumstances. Veteran-owned small business concern means a small
business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2))
or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Womenowned
small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part127), means a
small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily
business operations of which are controlled by, one or more women who are citizens of the United States. Women-owned
small business concern means a small business concern- (1) That is at least 51 percent owned by one or more women; or,
in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and (2)
Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations
and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change
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FA486119QA037
the representations and certifications in SAM (2) The offeror has completed the annual representations and certifications
electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by
submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror
Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current,
accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code
referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR
4.1201), except for paragraphs ____. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the
offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s)
are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided
by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications
posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be
performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents
as part of its offer that it [_]is, [_]is not a small business concern. (2) Veteran-owned small business concern. [Complete
only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The offeror represents
as part of its offer that it [_]is, [_]is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small
business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph
(c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned
small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, that it [_]is, [_]is not a small disadvantaged
business concern as defined in 13 CFR124.1002. (5) Women-owned small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is,
[_] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete
only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.]
The offeror represents that- (i) It [_]is, [_]is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and (ii) It [_]is, [_]is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program
participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB
Program and other small businesses that are participating in the joint venture: ____.] Each WOSB concern eligible under
the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7)
Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented
itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It
[_]is, [_]is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in
circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_]is, [_]is not a joint venture that
complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate
for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern and other small businesses that are participating in the joint venture: ____.] Each EDWOSB concern participating
in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)
(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business
concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not
represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_]is a womenowned
business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business
offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by
offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____ (10) HUBZone small business
concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1) of this provision.] The
offeror represents, as part of its offer, that- (i) It [_]is, [_]is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration,
and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since
it was certified in accordance with 13 CFR Part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with
the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each
HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of
the HUBZone small business concerns participating in the HUBZone joint venture: ____.] Each HUBZone small business
concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order11246- (1) Previous contracts and compliance.
The offeror represents that- (i) It [_] has, [_] has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not filed all required compliance reports. (2) Affirmative Action
Compliance. The offeror represents that- (i) It [_] has developed and has on file, [_] has not developed and does not have
on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41
CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal
Transactions (31 http://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By
submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have
been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in
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connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made
a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer,
OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not
report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-
Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2)
of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign
end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end
product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of domestic end
product. The terms commercially available off-the-shelf (COTS) item component, domestic end product, end product, foreign
end product, and United States are defined in the clause of this solicitation entitled Buy American-Supplies. (2) Foreign
End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ || ____ || ____ || ____ | [List as necessary] (3) The
Government will evaluate offers in accordance with the policies and procedures of FAR part 25. (g) (1) Buy American-Free
Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade
Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those
listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the
offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United
States. The terms Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product, commercially available off-the-shelf
(COTS) item, component, domestic end product, end product, foreign end product, Free Trade Agreement country, Free
Trade Agreement country end product, Israeli end product, and United States are defined in the clause of this solicitation
entitled Buy American-Free Trade Agreements-Israeli Trade Act. (ii) The offeror certifies that the following supplies are Free
Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products)
or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade
Act: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End
Products) or Israeli End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ || ____ || ____ || ____ | [List as
necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)
(ii) of this provision) as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade
Act. The offeror shall list as other foreign end products those end products manufactured in the United States that do not
qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in
paragraph (2) of the definition of domestic end product. Other Foreign End Products: | Line Item No. || Country of Origin ||
____ || ____ || ____ || ____ || ____ || ____ | [List as necessary] (iv) The Government will evaluate offers in accordance with
the policies and procedures of FAR part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate
I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for
paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products
as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act: Canadian End
Products: | Line Item No. || ____ || ____ || ____ | [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade
Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade
Agreements-Israeli Trade Act: Canadian or Israeli End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ ||
____ || ____ || ____ | [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate
III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for
paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement
country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli
end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian
End Products) or Israeli End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ || ____ || ____ || ____ | [List
as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included
in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision,
is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled Trade Agreements. (ii)
The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products: | Line Item No. || Country of Origin || ____ || ____ || ____ || ____ || ____ || ____ | [List as necessary] (iii)
The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered
by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to
the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated
country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for
such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters
(Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The
offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) [_]Are, [_]are not
presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal
agency; (2) [_]Have, [_]have not, within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes
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relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [_]Are,
[_]are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any
of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_]Have, [_]have not, within a three-year period
preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability
remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally
determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending
administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until
all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent
if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in
cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of
deficiency, under I.R.C. ?6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is
not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final
tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with
respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. ?6320 entitling the taxpayer to
request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS
determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability
because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final
tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all
judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. ?6159. The taxpayer
is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer
is not delinquent because enforced collection action is stayed under 11 U.S.C. ?362 (the Bankruptcy Code). (i) Certification
Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in
paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring
Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products.
| Listed End Product || Listed Countries of Origin || ____ || ____ | (2) Certification. [If the Contracting Officer has identified
end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)
(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this
provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The
offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in
the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine
whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under
this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place
of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.)
For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to
provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated
price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products
manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from
the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the
contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) Maintenance, calibration, or
repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items
of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or
traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in
the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established
catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will
be the same as that used for these employees and equivalent employees servicing the same equipment of commercial
customers. (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The
services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror
(or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal
business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or
market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract
will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an
annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than
a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service
employees performing work under the contract is the same as that used for these employees and equivalent employees
servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the
conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage
determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting
Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of
this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification
Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the
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SAM to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C.
6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may
be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in
FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3)
Taxpayer Identification Number (TIN). [_] TIN: ____. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror
is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with
the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying
agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or
instrumentality of the Federal Government. (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate
entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign
government; [_] International organization per 26 CFR1.6049-4; [_] Other ____. (5) Common parent. [_] Offeror is not owned
or controlled by a common parent; [_] Name and TIN of common parent: Name ____. TIN ____. (m) Restricted business
operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business
operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not
permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation,
or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in
accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It [_]is, [_] is not an inverted
domestic corporation; and (ii) It [_]is, [_]is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting
with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning
sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless
a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the
offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to
the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the
government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any
activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror,
and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with
Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which
are blocked pursuant to the International Emergency Economic Powers Act (et seq.) (see OFAC's Specially Designated
Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation
includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has
certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of
Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique
entity identifier in the solicitation). (1) The Offeror represents that it [_] has or [_] does not have an immediate owner. If the
Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if
applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates has in paragraph
(p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____. Immediate owner legal name:
____. (Do not use a doing business as name) Is the immediate owner owned or controlled by another entity: [_] Yes or
[_] No. (3) If the Offeror indicates yes in paragraph (p)(2) of this provision, indicating that the immediate owner is owned
or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ____. Highest-level
owner legal name: ____. (Do not use a doing business as name) (q) Representation by Corporations Regarding Delinquent
Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in
subsequent appropriations acts, The Government will not enter into a contract with any corporation that- (i) Has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or
have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered
suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to
protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the
preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension
or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the
Government. (2) The Offeror represents that- (i) It is [_] is not [_] a corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(ii) It is [_] is not [_]a corporation that was convicted of a felony criminal violation under a Federal law within the preceding
24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.) (1) The Offeror represents that it [_]is or [_]is not a successor to a predecessor that
held a Federal contract or grant within the last three years. (2) If the Offeror has indicated is in paragraph (r)(1) of this
provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years
(if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ____ (or mark Unknown).
Predecessor legal name: .____ (Do not use a doing business as name). (s) [Reserved]. (t) Public Disclosure of Greenhouse
Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)). (1)
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This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal
fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the
prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The
Offeror (itself or through its immediate owner or highest-level owner) [_] does, [_] does not publicly disclose greenhouse gas
emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in
accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse
Gas Protocol Corporate Standard. (ii) The Offeror (itself or through its immediate owner or highest-level owner) [_]does,
[_]does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly
accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii)
A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions
reporting program. (3) If the Offeror checked does in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror
shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:____.
(u) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing
resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts
with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign
internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors
from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a
Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision
does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement),
Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal
department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer,
the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting
waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement
representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector
General). Alternate I (Oct2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11)
(Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) ____ Black American.
____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-
Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands,
Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong,
Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India,
Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the
preceding.
52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10
As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions-Commercial Items (Oct 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements
of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered
for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of
nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects
or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of
nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable
time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the
condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee
may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other
financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31U.S.C.3727).
However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor
may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this
contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41U.S.C.chapter71,
Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment,
claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the
clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at
FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default
unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or
negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The
Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any
excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable
dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address
designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice
date and number; (iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit
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of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the
bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt
payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of
person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include
its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A)
The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT
banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall
have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g.,
52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic
Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information
is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with
the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at
5 CFR Part1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and
agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe,
any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the
Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made
for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2)
Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and
prompt payment regulations at 5 CFR Part1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment
by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early
payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment
shall be considered to have been made on the date which appears on the payment check or the specified payment date if
an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract
financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment,
the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description
of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment,
liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C)
Affected line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and
supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor
to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of
becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41
U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and
then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government
may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The
Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are
unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt
previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts
were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests
a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for
payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same
due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date
fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting
from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved
beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been
withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt
would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced
under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under
this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a
carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the
contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local
taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this
contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop
all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the
terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work
performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of
the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be
required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not
give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or
costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this
contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with
any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future
performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for
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FA486119QA037
supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies
provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall
be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under
this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical
possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and
fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an
express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect
or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and
local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with
laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the
use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C.
chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C.
2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement
integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence
in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other
Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this
clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer
software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The StandardForm1449. (8)
Other documents, exhibits, and attachments. (9) The specification. (t) [Reserved] (u) Unauthorized Obligations. (1) Except
as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End
User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause
requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or
liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause
is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be
deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement.
If the EULA, TOS, or similar legal instrument or agreement is invoked through an I agree click box or other comparable
mechanism (e.g., click-wrap or browse-wrap agreements), execution does not bind the Government or any Government
authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal
instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that
is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v)
Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via
the System for Award Management (SAM), are incorporated by reference into the contract.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-
Commercial Items. 2019-05
As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes
or Executive Orders-Commercial Items (May2019) (a) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive
orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended
in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed
or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10,
Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (Aug 1996)
(31U.S.C.3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78
(19U.S.C.3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ____ (1) 52.203-6, Restrictions
on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41U.S.C.4704 and 10U.S.C.2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509)). ____ (3) 52.203-15,
Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub.
L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ____ (4) 52.204-10,
Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31U.S.C.6101note).
____ (5) [Reserved]. ____ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section
743 of Div. C). ____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)
(Pub. L. 111-117, section 743 of Div. C). ____ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31U.S.C.6101 note). ____ (9) 52.209-9, Updates
of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41U.S.C. 2313). ____ (10) [Reserved]. ____
(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15U.S.C.657a). (ii) Alternate I (Nov 2011)
of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)
(if the offeror elects to waive the preference, it shall so indicate in its offer) (15U.S.C.657a). ____ (ii) Alternate I (Jan 2011) of
52.219-4. ____ (13) [Reserved] ____ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15U.S.C.644).
(ii) Alternate I (Nov 2011). ____ (iii) Alternate II (Nov 2011). ____ (15) (i) 52.219-7, Notice of Partial Small Business Set-
Aside (June 2003) (15U.S.C.644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Oct2018) (15U.S.C.637(d)(2) and (3)). ____ (17) (i) 52.219-9,
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Small Business Subcontracting Plan (Aug2018) (15U.S.C.637(d)(4)) ____ (ii) Alternate I (Jan 2017) of 52.219-9. ____
(iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Aug 2018) of
52.219-9 ____ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C.644(r)). ____ (19) 52.219-14, Limitations
on Subcontracting (Jan 2017) (15U.S.C.637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan
1999) (15U.S.C.637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-
Aside (Nov 2011) (15U.S.C.657f). ____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)
(15U.S.C.632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015) (15U.S.C.637(m)). ____ (24) 52.219-30, Notice of Set-Aside for,
or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business
Program (Dec2015) (15U.S.C.637(m)). ____ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). ____ (26) 52.222-19,
Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126). ____ (27) 52.222-21, Prohibition of
Segregated Facilities (Apr 2015). ____ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). (ii) Alternate I (Feb
1999) of 52.222-26. (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38U.S.C.4212). (ii) Alternate I (July 2014)
of 52.222-35. (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29U.S.C.793). (ii) Alternate I
(July 2014) of 52.222-36. ____ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38U.S.C.4212). ____ (32)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ____ (33) (i)
52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O. 13627). ____ (ii) Alternate I (Mar
2015) of 52.222-50 (22U.S.C.chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct
2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain
other types of commercial items as prescribed in 22.1803.) ____(35) (i) 52.223-9, Estimate of Percentage of Recovered
Material Content for EPA-Designated Items (May 2008) (42U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition
of commercially available off-the-shelf items.) ____(ii) Alternate I (May 2008) of 52.223-9 (42U.S.C.6962(i)(2)(C)). (Not
applicable to the acquisition of commercially available off-the-shelf items.) ____(36) 52.223-11, Ozone-Depleting Substances
and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). ____(37) 52.223-12, Maintenance,
Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693). ____ (38) (i)
52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Oct
2015) of 52.223-13. ____ (39) (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun2014) (E.O.s 13423 and
13514). (ii) Alternate I (Jun2014) of 52.223-14. (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)
(42U.S.C.8259b). ____ (41) (i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015) (E.O.s
13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. ____ (42) 52.223-18, Encouraging Contractor Policies
to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun2016) (E.O. 13693). ____ (45) (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a). ____
(ii) Alternate I (Jan 2017) of 52.224-3. ____ (46) 52.225-1, Buy American-Supplies (May 2014) (41U.S.C.chapter83). ____
(47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41U.S.C.chapter83,19U.S.C.3301
note, 19U.S.C.2112 note, 19U.S.C.3805 note, 19U.S.C.4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302,
109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ____ (ii) Alternate I (May 2014) of 52.225-3. (iii) Alternate
II (May 2014) of 52.225-3. ____ (iv) Alternate III (May 2014) of 52.225-3. ____ (48) 52.225-5, Trade Agreements (Aug
2018) (19U.S.C.2501, et seq., 19U.S.C.3301 note). ____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June
2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the
Treasury). ____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note). ____ (51)
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42U.S.C.5150). ____ (52) 52.226-5, Restrictions on
Subcontracting Outside Disaster or Emergency Area (Nov2007) (42U.S.C.5150). ____ (53) 52.232-29, Terms for Financing
of Purchases of Commercial Items (Feb 2002) (41U.S.C.4505, 10U.S.C.2307(f)). ____ (54) 52.232-30, Installment Payments
for Commercial Items (Jan2017) (41U.S.C.4505, 10U.S.C.2307(f)). ____ (55) 52.232-33, Payment by Electronic Funds
Transfer-System for Award Management (Oct2018) (31U.S.C.3332). ____ (56) 52.232-34, Payment by Electronic Funds
Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). ____ (57) 52.232-36, Payment by Third
Party (May 2014) (31U.S.C.3332). ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5U.S.C.552a). ____
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15U.S.C.637(d)(13)). ____ (60) (i) 52.247-64,
Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C.Appx.1241(b) and 10U.S.C.2631). ____
(ii) Alternate I (Apr 2003) of 52.247-64. ____ (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with
the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being
incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of
commercial items: [Contracting Officer check as appropriate.] ____ (1) 52.222-17, Nondisplacement of Qualified Workers
(May 2014)(E.O. 13495). ____ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41U.S.C.chapter 67). ____
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29U.S.C.206 and 41U.S.C.chapter 67). ____
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option
Contracts) (Aug 2014) (29U.S.C.206 and 41U.S.C.chapter 67). ____ (5) 52.222-44, Fair Labor Standards Act and Service
Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41U.S.C.chapter67). ____ (6) 52.222-51,
Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair
of Certain Equipment-Requirements (May 2014) (41U.S.C.chapter67). ____ (7) 52.222-53, Exemption from Application of
the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41U.S.C.chapter67).
____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). ____ (9) 52.222-62, Paid Sick Leave
Under Executive Order 13706 (Jan 2017) (E.O. 13706). ____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit
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Organizations (May 2014) (42U.S.C.1792). (d) Comptroller General Examination of Record. The Contractor shall comply with
the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller
General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to
examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor
shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit,
or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7,
Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the
records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to
this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause,
records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless
of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in
the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses
in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than
those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the
flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)
(41U.S.C.3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii)
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns
(Oct 2018) (15U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract
(except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility),
the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17,
Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of
FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity
(Sept 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38U.S.C.4212). (ix) 52.222-36,
Equal Opportunity for Workers with Disabilities (Jul2014) (29U.S.C.793). (x) 52.222-37, Employment Reports on Veterans
(Feb2016) (38U.S.C.4212) (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service
Contract Labor Standards (Aug2018) (41U.S.C.chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan
2019) (22U.S.C.chapter78 and E.O 13627). (B) Alternate I (Mar2015) of 52.222-50(22U.S.C.chapter78 and E.O 13627). (xiv)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment-Requirements (May2014) (41U.S.C.chapter67). (xv) 52.222-53, Exemption from Application of
the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41U.S.C.chapter67). (xvi)
52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive
Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A)
52.224-3, Privacy Training (Jan 2017) (5U.S.C.552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors
Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National
Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation
to Nonprofit Organizations (May 2014) (42U.S.C.1792). Flow down required in accordance with paragraph (e) of FAR
clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C.
Appx.1241(b) and 10U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While
not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses
necessary to satisfy its contractual obligations.
52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07
As prescribed in 19.309(c), insert the following clause: Post-Award Small Business Program Rerepresentation (Jul
2013) (a) Definitions. As used in this clause- Long-term contract means a contract of more than five years in duration,
including options. However, the term does not include contracts that exceed five years in duration because the period of
performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to
Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is
independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and
qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such
a concern is not dominant in its field of operation when it does not exercise a controlling or major influence on a national
basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether
dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees,
financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements,
facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern
prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if
applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of
a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement
was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not
require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition
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occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the
end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising
any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the
time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned
to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/
content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which
it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as
provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause
by validating or updating all its representations in the Representations and Certifications section of the System for Award
Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the
data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that
it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the
actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications
in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required
to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date
on which the rerepresentation was completed: The Contractor represents that it [_] is, [_] is not a small business concern
under NAICS Code ____ assigned to contract number ____. [Contractor to sign and date and insert authorized signer's
name and title]. (End of clause)
52.222-26 Equal Opportunity. 2015-09
As prescribed in 22.810(e), insert the following clause: Equal Opportunity (Sept 2015) (a) Definition. As used in this clause.
"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for
employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation
and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
"Compensation information" means the amount and type of compensation provided to employees or offered to applicants,
including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee
is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace;
market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations;
salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies
related to setting or altering employee compensation. "Essential job functions" means the fundamental job duties of the
employment position an individual holds. A job function may be considered essential if- (1) The access to compensation
information is necessary in order to perform that function or another routinely assigned business task; or (2) The function or
duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation
information. "Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html. "Sexual orientation" has the meaning given
by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/
LGBT/LGBT_FAQs.html. "United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana
Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) (1) If, during any 12-month period (including
the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts
and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except
for work performed outside the United States by employees who were not recruited within the United States. Upon request,
the Contractor shall provide information necessary to determine the applicability of this clause. (2) If the Contractor is a
religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect
to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's
activities (41 CFR 60-1.5). (c) (1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation
of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an
Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR
60-1.5. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. This shall include, but not be limited to- (i) Employment; (ii) Upgrading; (iii) Demotion; (iv) Transfer; (v) Recruitment or
recruitment advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for
training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants
for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in
all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity,
or national origin. (5) (i) The Contractor shall not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation
of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to
instances in which an employee who has access to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or
is consistent with the Contractor's legal duty to furnish information. (ii) The Contractor shall disseminate the prohibition on
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discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract
Compliance Programs (OFCCP), to employees and applicants by- (A) Incorporation into existing employee manuals or
handbooks; and (B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees
and applicants for employment. (6) The Contractor shall send, to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting
Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post
copies of the notice in conspicuous places available to employees and applicants for employment. (7) The Contractor shall
comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (8) The
Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by
the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or
any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding
the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of
Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission
for the necessary forms. (9) The Contractor shall permit access to its premises, during normal business hours, by the
contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations.
The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized
records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive
Order11246, as amended, and rules and regulations that implement the Executive Order. (10) If the OFCCP determines that
the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract
may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may
be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules,
regulations, and orders of the Secretary of Labor; or as otherwise provided by law. (11) The Contractor shall include the
terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or
orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will
be binding upon each subcontractor or vendor. (12) The Contractor shall take such action with respect to any subcontract
or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including
sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to
protect the interests of the United States. (d) Notwithstanding any other clause in this contract, disputes relative to this clause
will be governed by the procedures in 41 CFR 60-1.
52.222-36 Equal Opportunity for Workers with Disabilities. 2014-07
As prescribed in 22.1408(a), insert the following clause: Equal Opportunity for Workers with Disabilities (Jul 2014) (a) Equal
opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a),
as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and
requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess
of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance
Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary
changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-50 Combating Trafficking in Persons. 2019-01
As prescribed in 22.1705(a)(1), insert the following clause: Combating Trafficking in Persons (Jan 2019) (a) Definitions.
As used in this clause- "Agent" means any individual, including a director, an officer, an employee, or an independent
contractor, authorized to act on behalf of the organization. "Coercion" means- (1) Threats of serious harm to or physical
restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform
an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of
the legal process. "Commercial sex act" means any sex act on account of which anything of value is given to or received
by any person. "Commercially available off-the-shelf (COTS) item" means- (1) Any item of supply (including construction
material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial
quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier,
without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk
cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. "Debt bondage" means the
status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person
under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward
the liquidation of the debt or the length and nature of those services are not respectively limited and defined. "Employee"
means an employee of the Contractor directly engaged in the performance of work under the contract who has other than
a minimal impact or involvement in contract performance. "Forced Labor" means knowingly providing or obtaining the labor
or services of a person- (1) By threats of serious harm to, or physical restraint against, that person or another person; (2)
By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such
labor or services, that person or another person would suffer serious harm or physical restraint; or (3) By means of the
abuse or threatened abuse of law or the legal process. "Involuntary servitude" includes a condition of servitude induced
by means of- (1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into
or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The
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abuse or threatened abuse of the legal process. "Recruitment fees" means fees of any type, including charges, costs,
assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner,
or location of imposition or collection of the fee. (1) Recruitment fees include, but are not limited to, the following fees (when
they are associated with the recruiting process) for- (i) Soliciting, identifying, considering, interviewing, referring, retaining,
transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential
employees; (ii) Advertising (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv)
Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and
identity or immigration documents, such as passports, including any associated fees; (vii) Accessing the job opportunity,
including required medical examinations and immunizations; background, reference, and security clearance checks and
examinations; and additional certifications; (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;
(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees
or potential employees; (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds; (xi)
Transportation and subsistence costs- (A) While in transit, including, but not limited to, airfare or costs of other modes of
transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance
and the return journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite;
(xii) Security deposits, bonds, and insurance; and (xiii) Equipment charges. (2) A recruitment fee, as described in the
introductory text of this definition, is a recruitment fee, regardless of whether the payment is- (i) Paid in property or money;
(ii) Deducted from wages; (iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment,
free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not
limited to- (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement
firms); (E) Subsidiaries/affiliates of the employer; (F) Any agent or employee of such entities; and (G) Subcontractors at
all tiers. "Severe forms of trafficking in persons" means- (1) Sex trafficking in which a commercial sex act is induced by
force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (2) The
recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force,
fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. "Sex trafficking"
means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex
act. "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or
services to or for a prime contractor or another subcontractor. "United States" means the 50 States, the District of Columbia,
and outlying areas. (b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including
the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not- (1) Engage
in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex
acts during the period of performance of the contract; (3) Use forced labor in the performance of the contract; (4) Destroy,
conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such
as passports or drivers' licenses, regardless of issuing authority; (5) (i) Use misleading or fraudulent practices during the
recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by
the employee or potential employee, basic information or making material misrepresentations during the recruitment of
employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work,
the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be
charged to the employee or potential employee, and, if applicable, the hazardous nature of the work; (ii) Use recruiters that
do not comply with local labor laws of the country in which the recruiting takes place; (6) Charge employees or potential
employees recruitment fees; (7) (i) Fail to provide return transportation or pay for the cost of return transportation upon the
end of employment- (A) For an employee who is not a national of the country in which the work is taking place and who was
brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts
performed outside the United States); or (B) For an employee who is not a United States national and who was brought into
the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is
required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of
contracts performed inside the United States); except that- (ii) The requirements of paragraphs (b)(7)(i) of this clause shall
not apply to an employee who is- (A) Legally permitted to remain in the country of employment and who chooses to do so;
or (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or
pay for the cost of return transportation; (iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim
of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an
enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost
of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example,
the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.
This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply. (8) Provide or arrange
housing that fails to meet the host country housing and safety standards; or (9) If required by law or contract, fail to provide
an employment contract, recruitment agreement, or other required work document in writing. Such written work document
shall be in a language the employee understands. If the employee must relocate to perform the work, the work document
shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall
include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s),
living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the
content of applicable laws and regulations that prohibit trafficking in persons. (c) Contractor requirements. The Contractor
shall- (1) Notify its employees and agents of- (i) The United States Government's policy prohibiting trafficking in persons,
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described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees or agents for violations of
this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits,
or termination of employment; and (2) Take appropriate action, up to and including termination, against employees, agents,
or subcontractors that violate the policy in paragraph (b) of this clause. (d) Notification. (1) The Contractor shall inform
the Contracting Officer and the agency Inspector General immediately of- (i) Any credible information it receives from any
source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee,
or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351,
Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which
requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and
(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to
this clause. (2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting
officer for the contract with the highest dollar value. (e) Remedies. In addition to other remedies available to the Government,
the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in-
(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2)
Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments until the Contractor has taken
appropriate remedial action; (4) Loss of award fee, consistent with the award fee plan, for the performance period in which
the Government determined Contractor non-compliance; (5) Declining to exercise available options under the contract; (6)
Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (7) Suspension
or debarment. (f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the
following: (1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the
time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may
include reparation to victims for such violations. (2) Aggravating factors. The Contractor failed to abate an alleged violation
or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so. (g) Full cooperation.
(1) The Contractor shall, at a minimum- (i) Disclose to the agency Inspector General information sufficient to identify the
nature and extent of an offense and the individuals responsible for the conduct; (ii) Provide timely and complete responses
to Government auditors' and investigators' requests for documents; (iii) Cooperate fully in providing reasonable access to its
facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies
to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of
2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in
persons, the procurement of commercial sex acts, or the use of forced labor; and (iv) Protect all employees suspected of
being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited,
and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities. (2) The
requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.
It does not- (i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work
product doctrine; (ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor,
to waive his or her attorney client privilege or Fifth Amendment rights; or (iii) Restrict the Contractor from- (A) Conducting an
internal investigation; or (B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed
violation. (h) Compliance plan. (1) This paragraph (h) applies to any portion of the contract that- (i) Is for supplies, other than
commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United
States; and (ii) Has an estimated value that exceeds $500,000. (2) The Contractor shall maintain a compliance plan during
the performance of the contract that is appropriate- (i) To the size and complexity of the contract; and (ii) To the nature and
scope of the activities to be performed for the Government, including the number of non-United States citizens expected
to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in
persons. (3) Minimum requirements. The compliance plan must include, at a minimum, the following: (i) An awareness
program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in
paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations.
Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for
the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/. (ii) A process
for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons,
including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at
1-844-888-FREE and its email address at help@befree.org. (iii) A recruitment and wage plan that only permits the use of
recruitment companies with trained employees, prohibits charging recruitment fees to the employees or potential employees
and ensures that wages meet applicable host-country legal requirements or explains any variance. (iv) A housing plan, if the
Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing
and safety standards. (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging
in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents,
subcontracts, or subcontractor employees that have engaged in such activities. (4) Posting. (i) The Contractor shall post
the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless
the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained).
If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the
compliance plan to each worker in writing. (ii) The Contractor shall provide the compliance plan to the Contracting Officer
upon request. (5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting
Officer that- (i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this
clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited
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activities; and (ii) After having conducted due diligence, either- (A) To the best of the Contractor's knowledge and belief,
neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or (B) If abuses relating to
any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has
taken the appropriate remedial and referral actions. (i) Subcontracts. (1) The Contractor shall include the substance of this
clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of
this clause apply only to any portion of the subcontract that- (A) Is for supplies, other than commercially available off-the-shelf
items, acquired outside the United States, or services to be performed outside the United States; and (B) Has an estimated
value that exceeds $500,000. (2) If any subcontractor is required by this clause to submit a certification, the Contractor shall
require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in
paragraph (h)(5) of this clause.
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List of Attachments
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FA486119QA037
Representations, Certification, and other Statements of Offerors
FAR Clauses Incorporated by Reference
Number Title Effective Date
52.204-16 Commercial and Government Entity Code Reporting. 2016-07
DFARS Clauses Incorporated by Reference
Number Title Effective Date
252.203-7005 Representation Relating to Compensation of Former DoD Officials. As
prescribed in 203.171-4(b), insert the following provision:
2011-11
FAR Clauses Incorporated by Full Text
52.212-1 Instructions to Offerors-Commercial Items. 2018-10
As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors-Commercial Items (Oct 2018) (a) North
American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small
business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small
business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it
did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified
in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead
stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1) The solicitation number; (2)
The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in
the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty;
(6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the
representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the
offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information,
when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other
references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms,
conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or
reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers.
The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless
another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation,
product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this
solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and
expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple
offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items
are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the
requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications,
revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions,
or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.
If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office
on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at
the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not
be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer
would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized
by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was
received at the Government installation designated for receipt of offers and was under the Government's control prior to
the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii)
However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will
be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence
of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or
unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office
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FA486119QA037
designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude
amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers
will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal
Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time
set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes
facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers,
subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an
offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting
withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for
Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the
offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government
reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government
may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities
and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items
of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers
may not be submitted for quantities less than those specified. The Government reserves the right to make an award on
any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the
offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications,
Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial
item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service
Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile
(202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs
issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation
may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional
copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the
following ASSIST websites: (i) ASSIST ( https://assist.dla.mil/online/start/). (ii) Quick Search ( http://quicksearch.dla.mil/). (iii)
ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of
Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii)
Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP,
Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215)
697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,
publication, or maintenance. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less
if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall
enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed
by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds
Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix
is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts
(see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity
designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that
it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique
entity identifier. (k) [Reserved] (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall
disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in
the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed
offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking
was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of
commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to
relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation,
applicable regulations, and other applicable authorities were followed by the agency. (End of provision)
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FA486119QA037
Instrs., Conds., and Notices to Offerors
FAR Clauses Incorporated by Reference
Number Title Effective Date
52.204-7 System for Award Management. 2018-10
DFARS Clauses Incorporated by Reference
Number Title Effective Date
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.2018-01
FAR Clauses Incorporated by Full Text
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
2016-12
As prescribed in 23.804(b), insert the following provision: Public Disclosure of Greenhouse Gas Emissions and Reduction
Goals-Representation (Dec 2016) (a) This representation shall be completed if the Offeror received $7.5 million or more
in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than
$7.5 million in Federal contract awards in the prior Federal fiscal year. (b) Representation. [Offeror is to check applicable
blocks in paragraphs (1) and (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) [_]does,
[_]does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of
a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently
applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (2) The Offeror (itself or through its immediate
owner or highest-level owner) [_]does, [_]does not publicly disclose a quantitative greenhouse gas emissions reduction goal,
i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific
quantity or percentage. (3) A publicly accessible website includes the Offeror's own website or a recognized, third-party
greenhouse gas emissions reporting program. (c) If the Offeror checked does in paragraphs (b)(1) or (b)(2) of this provision,
respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction
goals are reported:____. (End of provision)
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Evaluation Factors for Award
PAGE 30 OF 30.