This Is A Combined Synopsis Solicitation For Commercial Items Prepared In Accordance With The Format In Far Subpart 12 6 As Supplemented With Additional Information Included In This Notice The Solicitation Number Is Panmcc 20 P 0000 026525 And Is Issued As A Request For Quote Rfq Unless Otherwise Indicated Herein The Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular 2020 07 The Associated North American Industrial Classification System Naics Code For This Procurement Is 532490 With A Small Business Size Standard Of 32 50M This Requirement Is A Small Business Set Aside And Only Qualified Offerors May Submit Bids The Solicitation Pricing On Www Unisonmarketplace Com Will Start On The Date This Solicitation Is Posted And Unless Otherwise Displayed At Www Unisonmarketplace Com Will End On 2020 07 17 15 30 00 0 Eastern Time This Time Supersedes The Offers Due Time Listed Above Fob Destination Shall Be Ft Irwin Ca 92310The Micc Fort Carson Requires The Following Items Meet Or Exceed To The Following Li 001 Lease Of Light Towers To The United States Government Usg Military Personnel At The National Training Center Ntc To Support Their Mission Requirements Please Refer To The Performance Work Statement Pws For Additional Information Location Various Locations At Ntc Ft Irwin Ca Period Of Performance See Performance Work Statement 1 Job Li 002 Contractor Management Reporting Cmr The Officer Of The Assistant Secretary Of The Army Manpower Amp Reserve Affairs Operates And Maintains A Secure Army Data Collection Site Where The Contractor Will Report All Contractor Manpower Including Subcontractor Manpower Required For Performance Of This Contract The Contractor Is Required To Completely Fill In All The Information In The Format Using The Following Web Address Https Www Ecmra Mil Default Aspx For Further Assistance Email The Ecmra Help Desk At Dod Ecmra Support Desk Mail Mil 1 Ea Solicitation And Buy Attachments Question Submission Interested Offerers Must Submit Any Questions Concerning The Solicitation At The Earliest Time Possible To Enable The Buyer To Respond Questions Must Be Submitted By Using The Submit A Question Feature At Www Unisonmarketplace Com Questions Not Received Within A Reasonable Time Prior To Close Of The Solicitation May Not Be Considered For This Solicitation Micc Fort Carson Intends To Conduct An Online Competitive Reverse Auction To Be Facilitated By The Third Party Reverse Auction Provider Unison Inc Unison Marketplace Has Developed An Online Anonymous Browser Based Application To Conduct The Reverse Auction An Offeror May Submit A Series Of Pricing Bids Which Descend In Price During The Specified Period Of Time For The Aforementioned Reverse Auction Micc Fort Carson Is Taking This Action In An Effort To Improve Both Vendor Access And Awareness Of Requests And The Agency s Ability To Gather Multiple Competed Real Time Bids All Responsible Offerers That Respond To This Solicitation Must Submit The Pricing Portion Of Their Bid Using The Online Exchange Located At Www Unisonmarketplace Com There Is No Cost To Register Review Procurement Data Or Make A Bid On Www Unisonmarketplace Com Offerers That Are Not Currently Registered To Use Www Unisonmarketplace Com Should Proceed To Www Unisonmarketplace Com To Complete Their Free Registration Offerers That Require Special Considerations Or Assistance May Contact Marketplace Support At 1 877 933 3243 Or Via Email At Marketplacesupport Unisonglobal Com Offerers May Not Artificially Manipulate The Price Of A Transaction On Www Unisonmarketplace Com By Any Means It Is Unacceptable To Place Bad Faith Bids To Use Decoys In The Www Unisonmarketplace Com Process Or To Collude With The Intent Or Effect Of Hampering The Competitive Www Unisonmarketplace Com Process Should Offerers Require Additional Clarification Notify The Point Of Contact Or Marketplace Support At 1 877 933 3243 Or Marketplacesupport Unisonglobal Com Use Of Unison Marketplace Buyers And Sellers Agree To Conduct This Transaction Through Unison Marketplace In Compliance With The Unison Marketplace Terms Of Use Failure To Comply With The Below Terms And Conditions May Result In Offer Being Determined As Non Responsive A Definitions As Used In This Provision Electronic Funds Transfer Eft Indicator Means A Four Character Suffix To The Unique Entity Identifier The Suffix Is Assigned At The Discretion Of The Commercial Nonprofit Or Government Entity To Establish Additional System For Award Management Records For Identifying Alternative Eft Accounts See Subpart 32 11 For The Same Entity Registered In The System For Award Management Sam Database Means That 1 The Offeror Has Entered All Mandatory Information Including The Unique Entity Identifier And The Eft Indicator If Applicable The Commercial And Government Entity Cage Code As Well As Data Required By The Federal Funding Accountability And Transparency Act Of 2006 See Subpart 4 14 Into The Sam Database 2 The Offeror Has Completed The Core Assertions And Representations And Certifications And Points Of Contact Sections Of The Registration In The Sam Database 3 The Government Has Validated All Mandatory Data Fields To Include Validation Of The Taxpayer Identification Number Tin With The Internal Revenue Service Irs The Offeror Will Be Required To Provide Consent For Tin Validation To The Government As A Part Of The Sam Registration Process And 4 The Government Has Marked The Record Active Unique Entity Identifier Means A Number Or Other Identifier Used To Identify A Specific Commercial Nonprofit Or Government Entity See Www Sam Gov For The Designated Entity For Establishing Unique Entity Identifiers B 1 By Submission Of An Offer The Offeror Acknowledges The Requirement That A Prospective Awardee Shall Be Registered In The Sam Database Prior To Award During Performance And Through Final Payment Of Any Contract Basic Agreement Basic Ordering Agreement Or Blanket Purchasing Agreement Resulting From This Solicitation 2 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 Exactly As Stated In The Offer The Offeror Also Shall Enter Its Eft Indicator If Applicable The Unique Entity Identifier Will Be Used By The Contracting Officer To Verify That The Offeror Is Registered In The Sam Database C If The Offeror Does Not Have A Unique Entity Identifier It Should Contact The Entity Designated At Www Sam Gov For Establishment Of The Unique Entity Identifier Directly To Obtain One The Offeror Should Be Prepared To Provide The Following Information 1 Company Legal Business Name 2 Tradestyle Doing Business Or Other Name By Which Your Entity Is Commonly Recognized 3 Company Physical Street Address City State And Zip Code 4 Company Mailing Address City State And Zip Code If Separate From Physical 5 Company Telephone Number 6 Date The Company Was Started 7 Number Of Employees At Your Location 8 Chief Executive Officer Key Manager 9 Line Of Business Industry 10 Company Headquarters Name And Address Reporting Relationship Within Your Entity D If The Offeror Does Not Become Registered In The Sam Database In The Time Prescribed By The Contracting Officer The Contracting Officer Will Proceed To Award To The Next Otherwise Successful Registered Offeror E Processing Time Which Normally Takes 48 Hours Should Be Taken Into Consideration When Registering Offerors Who Are Not Registered Should Consider Applying For Registration Immediately Upon Receipt Of This Solicitation F Offerors May Obtain Information On Registration At Https Www Acquisition Gov A Definitions As Used In This Clause Electronic Funds Transfer Eft Indicator Means A Four Character Suffix To The Unique Entity Identifier The Suffix Is Assigned At The Discretion Of The Commercial Nonprofit Or Government Entity To Establish Additional System For Award Management Sam Records For Identifying Alternative Eft Accounts See Subpart 32 11 For The Same Entity Registered In The System For Award Management Sam Database Means That 1 The Contractor Has Entered All Mandatory Information Including The Unique Entity Identifier And The Eft Indicator If Applicable The Commercial And Government Entity Cage Code As Well As Data Required By The Federal Funding Accountability And Transparency Act Of 2006 See Subpart 4 14 Into The Sam Database 2 The Contractor Has Completed The Core Assertions Representations And Certifications And Points Of Contact Sections Of The Registration In The Sam Database 3 The Government Has Validated All Mandatory Data Fields To Include Validation Of The Taxpayer Identification Number Tin With The Internal Revenue Service Irs The Contractor Will Be Required To Provide Consent For Tin Validation To The Government As A Part Of The Sam Registration Process And 4 The Government Has Marked The Record Active System For Award Management Sam Means The Primary Government Repository For Prospective Federal Awardee And Federal Awardee Information And The Centralized Government System For Certain Contracting Grants And Other Assistance Related Processes It Includes 1 Data Collected From Prospective Federal Awardees Required For The Conduct Of Business With The Government 2 Prospective Contractor Submitted Annual Representations And Certifications In Accordance With Far Subpart 4 12 And 3 Identification Of Those Parties Excluded From Receiving Federal Contracts Certain Subcontracts And Certain Types Of Federal Financial And Non Financial Assistance And Benefits Unique Entity Identifier Means A Number Or Other Identifier Used To Identify A Specific Commercial Nonprofit Or Government Entity See Www Sam Gov For The Designated Entity For Establishing Unique Entity Identifiers B The Contractor Is Responsible For The Accuracy And Completeness Of The Data Within The Sam Database And For Any Liability Resulting From The Government S Reliance On Inaccurate Or Incomplete Data To Remain Registered In The Sam Database After The Initial Registration The Contractor Is Required To Review And Update On An Annual Basis From The Date Of Initial Registration Or Subsequent Updates Its Information In The Sam Database To Ensure It Is Current Accurate And Complete Updating Information In The Sam Does Not Alter The Terms And Conditions Of This Contract And Is Not A Substitute For A Properly Executed Contractual Document C 1 I If A Contractor Has Legally Changed Its Business Name Doing Business As Name Or Division Name Whichever Is Shown On The Contract Or Has Transferred The Assets Used In Performing The Contract But Has Not Completed The Necessary Requirements Regarding Novation And Change Of Name Agreements In Subpart 42 12 The Contractor Shall Provide The Responsible Contracting Officer A Minimum Of One Business Day s Written Notification Of Its Intention To A Change The Name In The Sam Database B Comply With The Requirements Of Subpart 42 12 Of The Far And C Agree In Writing To The Timeline And Procedures Specified By The Responsible Contracting Officer The Contractor Shall Provide With The Notification Sufficient Documentation To Support The Legally Changed Name Ii If The Contractor Fails To Comply With The Requirements Of Paragraph C 1 I Of This Clause Or Fails To Perform The Agreement At Paragraph C 1 I C Of This Clause And In The Absence Of A Properly Executed Novation Or Change Of Name Agreement The Sam Information That Shows The Contractor To Be Other Than The Contractor Indicated In The Contract Will Be Considered To Be Incorrect Information Within The Meaning Of The Suspension Of Payment Paragraph Of The Electronic Funds Transfer Eft Clause Of This Contract 2 The Contractor Shall Not Change The Name Or Address For Eft Payments Or Manual Payments As Appropriate In The Sam Record To Reflect An Assignee For The Purpose Of Assignment Of Claims See Far Subpart 32 8 Assignment Of Claims Assignees Shall Be Separately Registered In The Sam Information Provided To The Contractor S Sam Record That Indicates Payments Including Those Made By Eft To An Ultimate Recipient Other Than That Contractor Will Be Considered To Be Incorrect Information Within The Meaning Of The Suspension Of Payment Paragraph Of The Eft Clause Of This Contract 3 The Contractor Shall Ensure That The Unique Entity Identifier Is Maintained With The Entity Designated At Www Sam Gov For Establishment Of The Unique Entity Identifier Throughout The Life Of The Contract The Contractor Shall Communicate Any Change To The Unique Entity Identifier To The Contracting Officer Within 30 Days After The Change So An Appropriate Modification Can Be Issued To Update The Data On The Contract A Change In The Unique Entity Identifier Does Not Necessarily Require A Novation Be Accomplished D Contractors May Obtain Additional Information On Registration And Annual Confirmation Requirements At Https Www Acquisition Gov 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 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 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 Database 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 System For Award Management Unless Exempted By An Addendum To This Solicitation By Submission Of An Offer The Offeror Acknowledges The Requirement That A Prospective Awardee Shall Be Registered In The Sam Database Prior To Award During Performance And Through Final Payment Of Any Contract Resulting From This Solicitation If The Offeror Does Not Become Registered In The Sam Database In The Time Prescribed By The Contracting Officer The Contracting Officer Will Proceed To Award To The Next Otherwise Successful Registered Offeror Offerors May Obtain Information On Registration And Annual Confirmation Requirements Via The Sam Database Accessed Through Https Www Acquisition Gov 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 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 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 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 Database 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 System For Award Management Unless Exempted By An Addendum To This Solicitation By Submission Of An Offer The Offeror Acknowledges The Requirement That A Prospective Awardee Shall Be Registered In The Sam Database Prior To Award During Performance And Through Final Payment Of Any Contract Resulting From This Solicitation If The Offeror Does Not Become Registered In The Sam Database In The Time Prescribed By The Contracting Officer The Contracting Officer Will Proceed To Award To The Next Otherwise Successful Registered Offeror Offerors May Obtain Information On Registration And Annual Confirmation Requirements Via The Sam Database Accessed Through Https Www Acquisition Gov 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 As Prescribed In 12 301 C The Contracting Officer May Insert A Provision Substantially As Follows Evaluation Commercial Items Oct 2014 A The Government Will Award A Contract Resulting From This Solicitation To The Responsible Offeror Whose Offer Conforming To The Solicitation Will Be Most Advantageous To The Government Price And Other Factors Considered The Following Factors Shall Be Used To Evaluate Offers Price B Options The Government Will Evaluate Offers For Award Purposes By Adding The Total Price For All Options To The Total Price For The Basic Requirement The Government May Determine That An Offer Is Unacceptable If The Option Prices Are Significantly Unbalanced Evaluation Of Options Shall Not Obligate The Government To Exercise The Option S C A Written Notice Of Award Or Acceptance Of An Offer Mailed Or Otherwise Furnished To The Successful Offeror Within The Time For Acceptance Specified In The Offer Shall Result In A Binding Contract Without Further Action By Either Party Before The Offer S Specified Expiration Time The Government May Accept An Offer Or Part Of An Offer Whether Or Not There Are Negotiations After Its Receipt Unless A Written Notice Of Withdrawal Is Received Before Award The Offeror Shall Complete Only Paragraph B Of This Provision If The Offeror Has Completed The Annual Representations And Certification Electronically Via The System For Award Management Sam Website Located At Https Www Sam Gov Portal 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 Administrative Merits Determination Means Certain Notices Or Findings Of Labor Law Violations Issued By An Enforcement Agency Following An Investigation An Administrative Merits Determination May Be Final Or Be Subject To Appeal Or Further Review To Determine Whether A Particular Notice Or Finding Is Covered By This Definition It Is Necessary To Consult Section Ii B In The Dol Guidance Arbitral Award Or Decision Means An Arbitrator Or Arbitral Panel Determination That A Labor Law Violation Occurred Or That Enjoined Or Restrained A Violation Of Labor Law It Includes An Award Or Decision That Is Not Final Or Is Subject To Being Confirmed Modified Or Vacated By A Court And Includes An Award Or Decision Resulting From Private Or Confidential Proceedings To Determine Whether A Particular Award Or Decision Is Covered By This Definition It Is Necessary To Consult Section Ii B In The Dol Guidance Civil Judgment Means 1 In Paragraph H Of This Provision A Judgment Or Finding Of A Civil Offense By Any Court Of Competent Jurisdiction 2 In Paragraph S Of This Provision Any Judgment Or Order Entered By Any Federal Or State Court In Which The Court Determined That A Labor Law Violation Occurred Or Enjoined Or Restrained A Violation Of Labor Law It Includes A Judgment Or Order That Is Not Final Or Is Subject To Appeal To Determine Whether A Particular Judgment Or Order Is Covered By This Definition It Is Necessary To Consult Section Ii B In The Dol Guidance Dol Guidance Means The Department Of Labor Dol Guidance Entitled Guidance For Executive Order 13673 Fair Pay And Safe Workplaces The Dol Guidance Was Initially Published In The Federal Register On August 25 2016 And Significant Revisions Will Be Published For Public Comment In The Federal Register The Dol Guidance And Subsequent Versions Can Be Obtained From Www Dol Gov Fairpayandsafeworkplaces 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 13 Cfr Part 127 It Automatically Qualifies As A Women Owned Small Business Eligible Under The Wosb Program Enforcement Agency Means Any Agency Granted Authority To Enforce The Federal Labor Laws It Includes The Enforcement Components Of Dol Wage And Hour Division Office Of Federal Contract Compliance Programs And Occupational Safety And Health Administration The Equal Employment Opportunity Commission The Occupational Safety And Health Review Commission And The National Labor Relations Board It Also Means A State Agency Designated To Administer An Osha Approved State Plan But Only To The Extent That The State Agency Is Acting In Its Capacity As Administrator Of Such Plan It Does Not Include Other Federal Agencies Which In Their Capacity As Contracting Agencies Conduct Investigations Of Potential Labor Law Violations The Enforcement Agencies Associated With Each Labor Law Under E O 13673 Are 1 Department Of Labor Wage And Hour Division Whd For I The Fair Labor Standards Act Ii The Migrant And Seasonal Agricultural Worker Protection Act Iii 40 U S C Chapter 31 Subchapter Iv Formerly Known As The Davis Bacon Act Iv 41 U S C Chapter 67 Formerly Known As The Service Contract Act V The Family And Medical Leave Act And Vi E O 13658 Of February 12 2014 Establishing A Minimum Wage For Contractors 2 Department Of Labor Occupational Safety And Health Administration Osha For I The Occupational Safety And Health Act Of 1970 And Ii Osha Approved State Plans 3 Department Of Labor Office Of Federal Contract Compliance Programs Ofccp For I Section 503 Of The Rehabilitation Act Of 1973 Ii The Vietnam Era Veterans Readjustment Assistance Act Of 1972 And The Vietnam Era Veterans Readjustment Assistance Act Of 1974 And Iii E O 11246 Of September 24 1965 Equal Employment Opportunity 4 National Labor Relations Board Nlrb For The National Labor Relations Act And 5 Equal Employment Opportunity Commission Eeoc For I Title Vii Of The Civil Rights Act Of 1964 Ii The Americans With Disabilities Act Of 1990 Iii The Age Discrimination In Employment Act Of 1967 And Iv Section 6 D Of The Fair Labor Standards Act Equal Pay Act Forced Or Indentured Child Labor Means All Work Or Service 6 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 7 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 Labor Compliance Agreement Means An Agreement Entered Into Between A Contractor Or Subcontractor And An Enforcement Agency To Address Appropriate Remedial Measures Compliance Assistance Steps To Resolve Issues To Increase Compliance With The Labor Laws Or Other Related Matters Labor Laws Means The Following Labor Laws And E O S 1 The Fair Labor Standards Act 2 The Occupational Safety And Health Act Osha Of 1970 3 The Migrant And Seasonal Agricultural Worker Protection Act 4 The National Labor Relations Act 5 40 U S C Chapter 31 Subchapter Iv Formerly Known As The Davis Bacon Act 6 41 U S C Chapter 67 Formerly Known As The Service Contract Act 7 E O 11246 Of September 24 1965 Equal Employment Opportunity 8 Section 503 Of The Rehabilitation Act Of 1973 9 The Vietnam Era Veterans Readjustment Assistance Act Of 1972 And The Vietnam Era Veterans Readjustment Assistance Act Of 1974 10 The Family And Medical Leave Act 11 Title Vii Of The Civil Rights Act Of 1964 12 The Americans With Disabilities Act Of 1990 13 The Age Discrimination In Employment Act Of 1967 14 E O 13658 Of February 12 2014 Establishing A Minimum Wage For Contractors 15 Equivalent State Laws As Defined In The Dol Guidance The Only Equivalent State Laws Implemented In The Far Are Osha Approved State Plans Which Can Be Found At Www Osha Gov Dcsp Osp Approved State Plans Html Labor Law Decision Means An Administrative Merits Determination Arbitral Award Or Decision Or Civil Judgment Which Resulted From A Violation Of One Or More Of The Laws Listed In The Definition Of Labor Laws 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 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 Veterans Or 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 With 13 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 At 13 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 Cfr 124 104 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 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 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 Women Owned Business Concern Means A Concern Which Is At Least 51 Percent Owned By One Or More Women Or In The Case Of Any Publicly Owned Business At Least 51 Percent Of Its Stock Is Owned By One Or More Women And Whose Management And Daily Business Operations Are Controlled By One Or More Women 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 Least 51 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 Women Owned Small Business Wosb Concern Eligible Under The Wosb Program In Accordance With 13 Cfr Part 127 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 Note To Paragraph A By A Court Order Issued On October 24 2016 The Following Definitions In This Paragraph A Are Enjoined Indefinitely As Of The Date Of The Order Administrative Merits Determination Arbitral Award Or Decision Paragraph 2 Of Civil Judgment Dol Guidance Enforcement Agency Labor Compliance Agreement Labor Laws And Labor Law Decision The Enjoined Definitions Will Become Effective Immediately If The Court Terminates The Injunction At That Time Gsa Dod And Nasa Will Publish A Document In The Federal Register Advising The Public Of The Termination Of The Injunction B 1 Annual Representations And Certifications Any Changes Provided By The Offeror In Paragraph B 2 Of This Provision Do Not Automatically Change The Representations And Certifications Posted On The Sam Website 2 The Offeror Has Completed The Annual Representations And Certifications Electronically Via The Sam Website Accessed Through Http Www Acquisition Gov After Reviewing The Sam Database 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 As Of The Date Of This Offer And Are Incorporated In This Offer By Reference See Far 4 1201 Except For Paragraphs Offeror To Identify The Applicable Paragraphs At C Through T 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 Cfr 124 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 Women Owned 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 Order 11246 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 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 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 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 31 U 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 41 U S C Chapter 71 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 Quantity Unit 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 Part 1315 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 Part 1315 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 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 Standard Form 1449 8 Other Documents Exhibits And Attachments 9 The Specification T System For Award Management Sam 1 Unless Exempted By An Addendum To This Contract The Contractor Is Responsible During Performance And Through Final Payment Of Any Contract For The Accuracy And Completeness Of The Data Within The Sam Database And For Any Liability Resulting From The Government S Reliance On Inaccurate Or Incomplete Data To Remain Registered In The Sam Database After The Initial Registration The Contractor Is Required To Review And Update On An Annual Basis From The Date Of Initial Registration Or Subsequent Updates Its Information In The Sam Database To Ensure It Is Current Accurate And Complete Updating Information In The Sam Does Not Alter The Terms And Conditions Of This Contract And Is Not A Substitute For A Properly Executed Contractual Document 2 I If A Contractor Has Legally Changed Its Business Name Doing Business As Name Or Division Name Whichever Is Shown On The Contract Or Has Transferred The Assets Used In Performing The Contract But Has Not Completed The Necessary Requirements Regarding Novation And Change Of Name Agreements In Far Subpart 42 12 The Contractor Shall Provide The Responsible Contracting Officer A Minimum Of One Business Day S Written Notification Of Its Intention To A Change The Name In The Sam Database B Comply With The Requirements Of Subpart 42 12 And C Agree In Writing To The Timeline And Procedures Specified By The Responsible Contracting Officer The Contractor Must Provide With The Notification Sufficient Documentation To Support The Legally Changed Name Ii If The Contractor Fails To Comply With The Requirements Of Paragraph T 2 I Of This Clause Or Fails To Perform The Agreement At Paragraph T 2 I C Of This Clause And In The Absence Of A Properly Executed Novation Or Change Of Name Agreement The Sam Information That Shows The Contractor To Be Other Than The Contractor Indicated In The Contract Will Be Considered To Be Incorrect Information Within The Meaning Of The Suspension Of Payment Paragraph Of The Electronic Funds Transfer Eft Clause Of This Contract 3 The Contractor Shall Not Change The Name Or Address For Eft Payments Or Manual Payments As Appropriate In The Sam Record To Reflect An Assignee For The Purpose Of Assignment Of Claims See Subpart 32 8 Assignment Of Claims Assignees Shall Be Separately Registered In The Sam Database Information Provided To The Contractor S Sam Record That Indicates Payments Including Those Made By Eft To An Ultimate Recipient Other Than That Contractor Will Be Considered To Be Incorrect Information Within The Meaning Of The Suspension Of Payment Paragraph Of The Eft Clause Of This Contract 4 Offerors And Contractors May Obtain Information On Registration And Annual Confirmation Requirements Via Sam Accessed Through Https Www Acquisition Gov 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 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 52 209 10 Prohibition On Contracting With Inverted Domestic Corporations Nov 2015 3 52 233 3 Protest After Award Aug 1996 31 U S C 3553 4 52 233 4 Applicable Law For Breach Of Contract Claim Oct 2004 Public Laws 108 77 And 108 78 19 U 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 41 U S C 4704 And 10 U S C 2402 2 52 203 13 Contractor Code Of Business Ethics And Conduct Oct 2015 41 U 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 2016 Pub L 109 282 31 U S C 6101 Note 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 31 U S C 6101 Note 9 52 209 9 Updates Of Publicly Available Information Regarding Responsibility Matters Jul 2013 41 U S C 2313 10 Reserved 11 I 52 219 3 Notice Of Hubzone Set Aside Or Sole Source Award Nov 2011 15 U 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 15 U 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 15 U 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 15 U 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 Nov 2016 15 U S C 637 D 2 And 3 17 I 52 219 9 Small Business Subcontracting Plan Jan 2017 15 U S C 637 D 4 Ii Alternate I Nov 2016 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 Nov 2016 Of 52 219 9 18 52 219 13 Notice Of Set Aside Of Orders Nov 2011 15 U S C 644 R 19 52 219 14 Limitations On Subcontracting Jan 2017 15 U S C 637 A 14 20 52 219 16 Liquidated Damages Subcon Tracting Plan Jan 1999 15 U S C 637 D 4 F I 21 52 219 27 Notice Of Service Disabled Veteran Owned Small Business Set Aside Nov 2011 15 U S C 657 F 22 52 219 28 Post Award Small Business Program Rerepresentation Jul 2013 15 U 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 15 U 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 Dec 2015 15 U 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 Oct 2016 E O 13126 27 52 222 21 Prohibition Of Segregated Facilities Apr 2015 28 52 222 26 Equal Opportunity Sept 2016 E O 11246 29 52 222 35 Equal Opportunity For Veterans Oct 2015 38 U S C 4212 30 52 222 36 Equal Opportunity For Workers With Disabilities Jul 2014 29 U S C 793 31 52 222 37 Employment Reports On Veterans Feb 2016 38 U 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 Mar 2015 22 U S C Chapter 78 And E O 13627 Ii Alternate I Mar 2015 Of 52 222 50 22 U 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 52 222 59 Compliance With Labor Laws Executive Order 13673 Oct 2016 Applies At 50 Million For Solicitations And Resultant Contracts Issued From October 25 2016 Through April 24 2017 Applies At 500 000 For Solicitations And Resultant Contracts Issued After April 24 2017 Note To Paragraph B 35 By A Court Order Issued On October 24 2016 52 222 59 Is Enjoined Indefinitely As Of The Date Of The Order The Enjoined Paragraph Will Become Effective Immediately If The Court Terminates The Injunction At That Time Gsa Dod And Nasa Will Publish A Document In The Federal Register Advising The Public Of The Termination Of The Injunction 36 52 222 60 Paycheck Transparency Executive Order 13673 Oct 2016 37 I 52 223 9 Estimate Of Percentage Of Recovered Material Content For Epa Designated Items May 2008 42 U 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 42 U S C 6962 I 2 C Not Applicable To The Acquisition Of Commercially Available Off The Shelf Items 38 52 223 11 Ozone Depleting Substances And High Global Warming Potential Hydrofluorocarbons Jun 2016 E O 13693 39 52 223 12 Maintenance Service Repair Or Disposal Of Refrigeration Equipment And Air Conditioners Jun 2016 E O 13693 40 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 41 I 52 223 14 Acquisition Of Epeat Registered Televisions Jun 2014 E O S 13423 And 13514 Ii Alternate I Jun 2014 Of 52 223 14 42 52 223 15 Energy Efficiency In Energy Consuming Products Dec 2007 42 U S C 8259B 43 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 44 52 223 18 Encouraging Contractor Policies To Ban Text Messaging While Driving Aug 2011 E O 13513 45 52 223 20 Aerosols Jun 2016 E O 13693 46 52 223 21 Foams Jun 2016 E O 13693 47 I 52 224 3 Privacy Training Jan 2017 5 U S C 552A Ii Alternate I Jan 2017 Of 52 224 3 48 52 225 1 Buy American Supplies May 2014 41 U S C Chapter 83 49 I 52 225 3 Buy American Free Trade Agreements Israeli Trade Act May 2014 41 U S C Chapter 83 19 U S C 3301 Note 19 U S C 2112 Note 19 U S C 3805 Note 19 U 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 50 52 225 5 Trade Agreements Oct 2016 19 U S C 2501 Et Seq 19 U S C 3301 Note 51 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 52 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 10 U S C 2302 Note 53 52 226 4 Notice Of Disaster Or Emergency Area Set Aside Nov 2007 42 U S C 5150 54 52 226 5 Restrictions On Subcontracting Outside Disaster Or Emergency Area Nov 2007 42 U S C 5150 55 52 232 29 Terms For Financing Of Purchases Of Commercial Items Feb 2002 41 U S C 4505 10 U S C 2307 F 56 52 232 30 Installment Payments For Commercial Items Jan 2017 41 U S C 4505 10 U S C 2307 F 57 52 232 33 Payment By Electronic Funds Transfer System For Award Management Jul 2013 31 U S C 3332 58 52 232 34 Payment By Electronic Funds Transfer Other Than System For Award Management Jul 2013 31 U S C 3332 59 52 232 36 Payment By Third Party May 2014 31 U S C 3332 60 52 239 1 Privacy Or Security Safeguards Aug 1996 5 U S C 552A 61 52 242 5 Payments To Small Business Subcontractors Jan 2017 15 U S C 637 D 12 62 I 52 247 64 Preference For Privately Owned U S Flag Commercial Vessels Feb 2006 46 U S C Appx 1241 B And 10 U S C 2631 Ii Alternate I Apr 2003 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 May 2014 41 U S C Chapter 67 3 52 222 42 Statement Of Equivalent Rates For Federal Hires May 2014 29 U S C 206 And 41 U S C Chapter 67 4 52 222 43 Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment Multiple Year And Option Contracts May 2014 29 U S C 206 And 41 U S C Chapter 67 5 52 222 44 Fair Labor Standards Act And Service Contract Labor Standards Price Adjustment May 2014 29 U S C 206 And 41 U S C Chapter 67 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 41 U S C Chapter 67 7 52 222 53 Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements May 2014 41 U S C Chapter 67 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 Organizations May 2014 42 U S C 1792 11 52 237 11 Accepting And Dispensing Of 1 Coin Sept 2008 31 U S C 5112 P 1 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 41 U 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 52 219 8 Utilization Of Small Business Concerns Nov 2016 15 U 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 Iv 52 222 17 Nondisplacement Of Qualified Workers May 2014 E O 13495 Flow Down Required In Accordance With Paragraph L Of Far Clause 52 222 17 V 52 222 21 Prohibition Of Segregated Facilities Apr 2015 Vi 52 222 26 Equal Opportunity Sept 2016 E O 11246 Vii 52 222 35 Equal Opportunity For Veterans Oct 2015 38 U S C 4212 Viii 52 222 36 Equal Opportunity For Workers With Disabilities Jul 2014 29 U S C 793 Ix 52 222 37 Employment Reports On Veterans Feb 2016 38 U S C 4212 X 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 Xi 52 222 41 Service Contract Labor Standards May 2014 41 U S C Chapter 67 Xii 52 222 50 Combating Trafficking In Persons Mar 2015 22 U S C Chapter 78 And E O 13627 Alternate I Mar 2015 Of 52 222 50 22 U S C Chapter 78 And E O 13627 Xiii 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 41 U S C Chapter 67 Xiv 52 222 53 Exemption From Application Of The Service Contract Labor Standards To Contracts For Certain Services Requirements May 2014 41 U S C Chapter 67 Xv 52 222 54 Employment Eligibility Verification Oct 2015 E O 12989 Xvi 52 222 55 Minimum Wages Under Executive Order 13658 Dec 2015 Xvii 52 222 59 Compliance With Labor Laws Executive Order 13673 Oct 2016 Applies At 50 Million For Solicitations And Resultant Contracts Issued From October 25 2016 Through April 24 2017 Applies At 500 000 For Solicitations And Resultant Contracts Issued After April 24 2017 Note To Paragraph E 1 Xvii By A Court Order Issued On October 24 2016 52 222 59 Is Enjoined Indefinitely As Of The Date Of The Order The Enjoined Paragraph Will Become Effective Immediately If The Court Terminates The Injunction At That Time Gsa Dod And Nasa Will Publish A Document In The Federal Register Advising The Public Of The Termination Of The Injunction Xviii 52 222 60 Paycheck Transparency Executive Order 13673 Oct 2016 Xix 52 222 62 Paid Sick Leave Under Executive Order 13706 Jan 2017 E O 13706 Xx A 52 224 3 Privacy Training Jan 2017 5 U S C 552A B Alternate I Jan 2017 Of 52 224 3 Xxi 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 10 U S C 2302 Note Xxii 52 226 6 Promoting Excess Food Donation To Nonprofit Organizations May 2014 42 U S C 1792 Flow Down Required In Accordance With Paragraph E Of Far Clause 52 226 6 Xxiii 52 247 64 Preference For Privately Owned U S Flag Commercial Vessels Feb 2006 46 U S C Appx 1241 B And 10 U 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 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 Abuse Or Threatened Abuse Of The Legal Process 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 Accessible To The Worker 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 Cost To Be Charged To The 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 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 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 Web Site 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 Employee 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 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 A Definitions As Used In This Clause Controlled Substance Means A Controlled Substance In Schedules I Through V Of Section 202 Of The Controlled Substances Act 21 U S C 812 And As Further Defined In Regulation At 21 Cfr 1308 11 1308 15 Conviction Means A Finding Of Guilt Including A Plea Of Nolo Contendere Or Imposition Of Sentence Or Both By Any Judicial Body Charged With The Responsibility To Determine Violations Of The Federal Or State Criminal Drug Statutes Criminal Drug Statute Means A Federal Or Non Federal Criminal Statute Involving The Manufacture Distribution Dispensing Possession Or Use Of Any Controlled Substance Drug Free Workplace Means The Site S For The Performance Of Work Done By The Contractor In Connection With A Specific Contract Where Employees Of The Contractor Are Prohibited From Engaging In The Unlawful Manufacture Distribution Dispensing Possession Or Use Of A Controlled Substance Employee Means An Employee Of A Contractor Directly Engaged In The Performance Of Work Under A Government Contract Directly Engaged Is Defined To Include All Direct Cost Employees And Any Other Contractor Employee Who Has Other Than A Minimal Impact Or Involvement In Contract Performance Individual Means An Offeror Contractor That Has No More Than One Employee Including The Offeror Contractor B The Contractor If Other Than An Individual Shall Within 30 Days After Award Unless A Longer Period Is Agreed To In Writing For Contracts Of 30 Days Or More Performance Duration Or As Soon As Possible For Contracts Of Less Than 30 Days Performance Duration 1 Publish A Statement Notifying Its Employees That The Unlawful Manufacture Distribution Dispensing Possession Or Use Of A Controlled Substance Is Prohibited In The Contractor S Workplace And Specifying The Actions That Will Be Taken Against Employees For Violations Of Such Prohibition 2 Establish An Ongoing Drug Free Awareness Program To Inform Such Employees About I The Dangers Of Drug Abuse In The Workplace Ii The Contractor S Policy Of Maintaining A Drug Free Workplace Iii Any Available Drug Counseling Rehabilitation And Employee Assistance Programs And Iv The Penalties That May Be Imposed Upon Employees For Drug Abuse Violations Occurring In The Workplace 3 Provide All Employees Engaged In Performance Of The Contract With A Copy Of The Statement Required By Subparagraph B 1 Of This Clause 4 Notify Such Employees In Writing In The Statement Required By Subparagraph B 1 Of This Clause That As A Condition Of Continued Employment On This Contract The Employee Will I Abide By The Terms Of The Statement And Ii Notify The Employer In Writing Of The Employee S Conviction Under A Criminal Drug Statute For A Violation Occurring In The Workplace No Later Than 5 Days After Such Conviction 5 Notify The Contracting Officer In Writing Within 10 Days After Receiving Notice Under Subdivision B 4 Ii Of This Clause From An Employee Or Otherwise Receiving Actual Notice Of Such Conviction The Notice Shall Include The Position Title Of The Employee 6 Within 30 Days After Receiving Notice Under Subdivision B 4 Ii Of This Clause Of A Conviction Take One Of The Following Actions With Respect To Any Employee Who Is Convicted Of A Drug Abuse Violation Occurring In The Workplace I Taking Appropriate Personnel Action Against Such Employee Up To And Including Termination Or Ii Require Such Employee To Satisfactorily Participate In A Drug Abuse Assistance Or Rehabilitation Program Approved For Such Purposes By A Federal State Or Local Health Law Enforcement Or Other Appropriate Agency And 7 Make A Good Faith Effort To Maintain A Drug Free Workplace Through Implementation Of Subparagraphs B 1 Though B 6 Of This Clause C The Contractor If An Individual Agrees By Award Of The Contract Or Acceptance Of A Purchase Order Not To Engage In The Unlawful Manufacture Distribution Dispensing Possession Or Use Of A Controlled Substance While Performing This Contract D In Addition To Other Remedies Available To The Government The Contractor S Failure To Comply With The Requirements Of Paragraph B Or C Of This Clause May Pursuant To Far 23 506 Render The Contractor Subject To Suspension Of Contract Payments Termination Of The Contract Or Default And Suspension Or Debarment A Definitions As Used In This Clause Driving 1 Means Operating A Motor Vehicle On An Active Roadway With The Motor Running Including While Temporarily Stationary Because Of Traffic A Traffic Light Stop Sign Or Otherwise 2 Does Not Include Operating A Motor Vehicle With Or Without The Motor Running When One Has Pulled Over To The Side Of Or Off An Active Roadway And Has Halted In A Location Where One Can Safely Remain Stationary Text Messaging Means Reading From Or Entering Data Into Any Handheld Or Other Electronic Device Including For The Purpose Of Short Message Service Texting E Mailing Instant Messaging Obtaining Navigational Information Or Engaging In Any Other Form Of Electronic Data Retrieval Or Electronic Data Communication The Term Does Not Include Glancing At Or Listening To A Navigational Device That Is Secured In A Commercially Designed Holder Affixed To The Vehicle Provided That The Destination And Route Are Programmed Into The Device Either Before Driving Or While Stopped In A Location Off The Roadway Where It Is Safe And Legal To Park B This Clause Implements Executive Order 13513 Federal Leadership On Reducing Text Messaging While Driving Dated October 1 2009 C The Contractor Is Encouraged To 1 Adopt And Enforce Policies That Ban Text Messaging While Driving I Company Owned Or Rented Vehicles Or Government Owned Vehicles Or Ii Privately Owned Vehicles When On Official Government Business Or When Performing Any Work For Or On Behalf Of The Government 2 Conduct Initiatives In A Manner Commensurate With The Size Of The Business Such As I Establishment Of New Rules And Programs Or Re Evaluation Of Existing Programs To Prohibit Text Messaging While Driving And Ii Education Awareness And Other Outreach To Employees About The Safety Risks Associated With Texting While Driving D Subcontracts The Contractor Shall Insert The Substance Of This Clause Including This Paragraph D In All Subcontracts That Exceed The Micro Purchase Threshold A Method Of Payment 1 All Payments By The Government Under This Contract Shall Be Made By Electronic Funds Transfer Eft Except As Provided In Paragraph A 2 Of This Clause As Used In This Clause The Term Eft Refers To The Funds Transfer And May Also Include The Payment Information Transfer 2 In The Event The Government Is Unable To Release One Or More Payments By Eft The Contractor Agrees To Either I Accept Payment By Check Or Some Other Mutually Agreeable Method Of Payment Or Ii Request The Government To Extend The Payment Due Date Until Such Time As The Government Can Make Payment By Eft But See Paragraph D Of This Clause B Contractor s Eft Information The Government Shall Make Payment To The Contractor Using The Eft Information Contained In The System For Award Management Sam Database In The Event That The Eft Information Changes The Contractor Shall Be Responsible For Providing The Updated Information To The Sam Database C Mechanisms For Eft Payment The Government May Make Payment By Eft Through Either The Automated Clearing House Ach Network Subject To The Rules Of The National Automated Clearing House Association Or The Fedwire Transfer System The Rules Governing Federal Payments Through The Ach Are Contained In 31 Cfr Part 210 D Suspension Of Payment If The Contractor S Eft Information In The Sam Database Is Incorrect Then The Government Need Not Make Payment To The Contractor Under This Contract Until Correct Eft Information Is Entered Into The Sam Database And Any Invoice Or Contract Financing Request Shall Be Deemed Not To Be A Proper Invoice For The Purpose Of Prompt Payment Under This Contract The Prompt Payment Terms Of The Contract Regarding Notice Of An Improper Invoice And Delays In Accrual Of Interest Penalties Apply E Liability For Uncompleted Or Erroneous Transfers 1 If An Uncompleted Or Erroneous Transfer Occurs Because The Government Used The Contractor S Eft Information Incorrectly The Government Remains Responsible For I Making A Correct Payment Ii Paying Any Prompt Payment Penalty Due And Iii Recovering Any Erroneously Directed Funds 2 If An Uncompleted Or Erroneous Transfer Occurs Because The Contractor S Eft Information Was Incorrect Or Was Revised Within 30 Days Of Government Release Of The Eft Payment Transaction Instruction To The Federal Reserve System And I If The Funds Are No Longer Under The Control Of The Payment Office The Government Is Deemed To Have Made Payment And The Contractor Is Responsible For Recovery Of Any Erroneously Directed Funds Or Ii If The Funds Remain Under The Control Of The Payment Office The Government Shall Not Make Payment And The Provisions Of Paragraph D Of This Clause Shall Apply F Eft And Prompt Payment A Payment Shall Be Deemed To Have Been Made In A Timely Manner In Accordance With The Prompt Payment Terms Of This Contract If In The Eft Payment Transaction Instruction Released To The Federal Reserve System The Date Specified For Settlement Of The Payment Is On Or Before The Prompt Payment Due Date Provided The Specified Payment Date Is A Valid Date Under The Rules Of The Federal Reserve System G Eft And Assignment Of Claims If The Contractor Assigns The Proceeds Of This Contract As Provided For In The Assignment Of Claims Terms Of This Contract The Contractor Shall Require As A Condition Of Any Such Assignment That The Assignee Shall Register Separately In The Sam Database And Shall Be Paid By Eft In Accordance With The Terms Of This Clause Notwithstanding Any Other Requirement Of This Contract Payment To An Ultimate Recipient Other Than The Contractor Or A Financial Institution Properly Recognized Under An Assignment Of Claims Pursuant To Subpart 32 8 Is Not Permitted In All Respects The Requirements Of This Clause Shall Apply To The Assignee As If It Were The Contractor Eft Information That Shows The Ultimate Recipient Of The Transfer To Be Other Than The Contractor In The Absence Of A Proper Assignment Of Claims Acceptable To The Government Is Incorrect Eft Information Within The Meaning Of Paragraph D Of This Clause H Liability For Change Of Eft Information By Financial Agent The Government Is Not Liable For Errors Resulting From Changes To Eft Information Made By The Contractor S Financial Agent I Payment Information The Payment Or Disbursing Office Shall Forward To The Contractor Available Payment Information That Is Suitable For Transmission As Of The Date Of Release Of The Eft Instruction To The Federal Reserve System The Government May Request The Contractor To Designate A Desired Format And Method S For Delivery Of Payment Information From A List Of Formats And Methods The Payment Office Is Capable Of Executing However The Government Does Not Guarantee That Any Particular Format Or Method Of Delivery Is Available At Any Particular Payment Office And Retains The Latitude To Use The Format And Delivery Method Most Convenient To The Government If The Government Makes Payment By Check In Accordance With Paragraph A Of This Clause The Government Shall Mail The Payment Information To The Remittance Address Contained In The Sam Database As Prescribed In 32 706 3 Insert The Following Clause Unenforceability Of Unauthorized Obligations Jun 2013 A Except As Stated In Paragraph B 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 1 Any Such Clause Is Unenforceable Against The Government 2 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 3 Any Such Clause Is Deemed To Be Stricken From The Eula Tos Or Similar Legal Instrument Or Agreement B Paragraph A 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 A Upon Receipt Of Accelerated Payments From The Government The Contractor Shall Make Accelerated Payments To Its Small Business Subcontractors Under This Contract To The Maximum Extent Practicable And Prior To When Such Payment Is Otherwise Required Under The Applicable Contract Or Subcontract After Receipt Of A Proper Invoice And All Other Required Documentation From The Small Business Subcontractor B The Acceleration Of Payments Under This Clause Does Not Provide Any New Rights Under The Prompt Payment Act C Include The Substance Of This Clause Including This Paragraph C In All Subcontracts With Small Business Concerns Including Subcontracts With Small Business Concerns For The Acquisition Of Commercial Items A This Contract Is Subject To 41 U S C Chapter 71 Contract Disputes B Except As Provided In 41 U S C Chapter 71 All Disputes Arising Under Or Relating To This Contract Shall Be Resolved Under This Clause C Claim As Used In This Clause Means A Written Demand Or Written Assertion By One Of The Contracting Parties Seeking As A Matter Of Right The Payment Of Money In A Sum Certain The Adjustment Or Interpretation Of Contract Terms Or Other Relief Arising Under Or Relating To This Contract However A Written Demand Or Written Assertion By The Contractor Seeking The Payment Of Money Exceeding 100 000 Is Not A Claim Under 41 U S C Chapter 71 Until Certified A Voucher Invoice Or Other Routine Request For Payment That Is Not In Dispute When Submitted Is Not A Claim Under 41 U S C Chapter 71 The Submission May Be Converted To A Claim Under 41 U S C Chapter 71 By Complying With The Submission And Certification Requirements Of This Clause If It Is Disputed Either As To Liability Or Amount Or Is Not Acted Upon In A Reasonable Time D 1 A Claim By The Contractor Shall Be Made In Writing And Unless Otherwise Stated In This Contract Submitted Within 6 Years After Accrual Of The Claim To The Contracting Officer For A Written Decision A Claim By The Government Against The Contractor Shall Be Subject To A Written Decision By The Contracting Officer 2 I The Contractor Shall Provide The Certification Specified In Paragraph D 2 Iii Of This Clause When Submitting Any Claim Exceeding 100 000 Ii The Certification Requirement Does Not Apply To Issues In Controversy That Have Not Been Submitted As All Or Part Of A Claim Iii The Certification Shall State As Follows I Certify That The Claim Is Made In Good Faith That The Supporting Data Are Accurate And Complete To The Best Of My Knowledge And Belief That The Amount Requested Accurately Reflects The Contract Adjustment For Which The Contractor Believes The Government Is Liable And That I Am Authorized To Certify The Claim On Behalf Of The Contractor 3 The Certification May Be Executed By Any Person Authorized To Bind The Contractor With Respect To The Claim E For Contractor Claims Of 100 000 Or Less The Contracting Officer Must If Requested In Writing By The Contractor Render A Decision Within 60 Days Of The Request For Contractor Certified Claims Over 100 000 The Contracting Officer Must Within 60 Days Decide The Claim Or Notify The Contractor Of The Date By Which The Decision Will Be Made F The Contracting Officer S Decision Shall Be Final Unless The Contractor Appeals Or Files A Suit As Provided In 41 U S C Chapter 71 G If The Claim By The Contractor Is Submitted To The Contracting Officer Or A Claim By The Government Is Presented To The Contractor The Parties By Mutual Consent May Agree To Use Alternative Dispute Resolution Adr If The Contractor Refuses An Offer For Adr The Contractor Shall Inform The Contracting Officer In Writing Of The Contractor S Specific Reasons For Rejecting The Offer H The Government Shall Pay Interest On The Amount Found Due And Unpaid From 1 The Date That The Contracting Officer Receives The Claim Certified If Required Or 2 The Date That Payment Otherwise Would Be Due If That Date Is Later Until The Date Of Payment With Regard To Claims Having Defective Certifications As Defined In Far 33 201 Interest Shall Be Paid From The Date That The Contracting Officer Initially Receives The Claim Simple Interest On Claims Shall Be Paid At The Rate Fixed By The Secretary Of The Treasury As Provided In The Act Which Is Applicable To The Period During Which The Contracting Officer Receives The Claim And Then At The Rate Applicable For Each 6 Month Period As Fixed By The Treasury Secretary During The Pendency Of The Claim I The Contractor Shall Proceed Diligently With Performance Of This Contract Pending Final Resolution Of Any Request For Relief Claim Appeal Or Action Arising Under The Contract And Comply With Any Decision Of The Contracting Officer As Prescribed In 33 106 Insert The Following Provision Service Of Protest Sept 2006 A Protests As Defined In Section 33 101 Of The Federal Acquisition Regulation That Are Filed Directly With An Agency And Copies Of Any Protests That Are Filed With The Government Accountability Office Gao Shall Be Served On The Contracting Officer Addressed As Follows By Obtaining Written And Dated Acknowledgment Of Receipt From Contracting Officer Designate The Official Or Location Where A Protest May Be Served On The Contracting Officer B The Copy Of Any Protest Shall Be Received In The Office Designated Above Within One Day Of Filing A Protest With The Gao A Definition Covered Dod Official As Used In This Clause Means An Individual That 1 Leaves Or Left Dod Service On Or After January 28 2008 And 2 I Participated Personally And Substantially In An Acquisition As Defined In 41 U S C 131 With A Value In Excess Of 10 Million And Serves Or Served A In An Executive Schedule Position Under Subchapter Ii Of Chapter 53 Of Title 5 United States Code B In A Position In The Senior Executive Service Under Subchapter Viii Of Chapter 53 Of Title 5 United States Code Or C In A General Or Flag Officer Position Compensated At A Rate Of Pay For Grade O 7 Or Above Under Section 201 Of Title 37 United States Code Or Ii Serves Or Served In Dod In One Of The Following Positions Program Manager Deputy Program Manager Procuring Contracting Officer Administrative Contracting Officer Source Selection Authority Member Of The Source Selection Evaluation Board Or Chief Of A Financial Or Technical Evaluation Team For A Contract In An Amount In Excess Of 10 Million B The Contractor Shall Not Knowingly Provide Compensation To A Covered Dod Official Within 2 Years After The Official Leaves Dod Service Without First Determining That The Official Has Sought And Received Or Has Not Received After 30 Days Of Seeking A Written Opinion From The Appropriate Dod Ethics Counselor Regarding The Applicability Of Post Employment Restrictions To The Activities That The Official Is Expected To Undertake On Behalf Of The Contractor C Failure By The Contractor To Comply With Paragraph B Of This Clause May Subject The Contractor To Rescission Of This Contract Suspension Or Debarment In Accordance With 41 U S C 2105 C Control Of Government Personnel Work Product Apr 1992 The Contractor s Procedures For Protecting Against Unauthorized Disclosure Of Information Shall Not Require Department Of Defense Employees Or Members Of The Armed Forces To Relinquish Control Of Their Work Products Whether Classified Or Not To The Contractor Compliance With Safeguarding Covered Defense Information Controls Oct 2016 A Definitions As Used In This Provision Controlled Technical Information Covered Contractor Information System Covered Defense Information Cyber Incident Information System And Technical Information Are Defined In Clause 252 204 7012 Safeguarding Covered Defense Information And Cyber Incident Reporting B The Security Requirements Required By Contract Clause 252 204 7012 Shall Be Implemented For All Covered Defense Information On All Covered Contractor Information Systems That Support The Performance Of This Contract C For Covered Contractor Information Systems That Are Not Part Of An Information Technology Service Or System Operated On Behalf Of The Government See 252 204 7012 B 2 1 By Submission Of This Offer The Offeror Represents That It Will Implement The Security Requirements Specified By National Institute Of Standards And Technology Nist Special Publication Sp 800 171 Protecting Controlled Unclassified Information In Nonfederal Information Systems And Organizations See Http Dx Doi Org 10 6028 Nist Sp 800 171 That Are In Effect At The Time The Solicitation Is Issued Or As Authorized By The Contracting Officer Not Later Than December 31 2017 2 I If The Offeror Proposes To Vary From Any Of The Security Requirements Specified By Nist Sp 800 171 That Are In Effect At The Time The Solicitation Is Issued Or As Authorized By The Contracting Officer The Offeror Shall Submit To The Contracting Officer For Consideration By The Dod Chief Information Officer Cio A Written Explanation Of A Why A Particular Security Requirement Is Not Applicable Or B How An Alternative But Equally Effective Security Measure Is Used To Compensate For The Inability To Satisfy A Particular Requirement And Achieve Equivalent Protection Ii An Authorized Representative Of The Dod Cio Will Adjudicate Offeror Requests To Vary From Nist Sp 800 171 Requirements In Writing Prior To Contract Award Any Accepted Variance From Nist Sp 800 171 Shall Be Incorporated Into The Resulting Contract Limitations On The Use Or Disclosure Of Third Party Contractor Reported Cyber Incident Information Oct 2016 A Definitions As Used In This Clause Compromise Means Disclosure Of Information To Unauthorized Persons Or A Violation Of The Security Policy Of A System In Which Unauthorized Intentional Or Unintentional Disclosure Modification Destruction Or Loss Of An Object Or The Copying Of Information To Unauthorized Media May Have Occurred Controlled Technical Information Means Technical Information With Military Or Space Application That Is Subject To Controls On The Access Use Reproduction Modification Performance Display Release Disclosure Or Dissemination Controlled Technical Information Would Meet The Criteria If Disseminated For Distribution Statements B Through F Using The Criteria Set Forth In Dod Instruction 5230 24 Distribution Statements On Technical Documents The Term Does Not Include Information That Is Lawfully Publicly Available Without Restrictions Covered Defense Information Means Unclassified Controlled Technical Information Or Other Information As Described In The Controlled Unclassified Information Cui Registry At Http Www Archives Gov Cui Registry Category List Html That Requires Safeguarding Or Dissemination Controls Pursuant To And Consistent With Law Regulations And Governmentwide Policies And Is 1 Marked Or Otherwise Identified In The Contract Task Order Or Delivery Order And Provided To The Contractor By Or On Behalf Of Dod In Support Of The Performance Of The Contract Or 2 Collected Developed Received Transmitted Used Or Stored By Or On Behalf Of The Contractor In Support Of The Performance Of The Contract Cyber Incident Means Actions Taken Through The Use Of Computer Networks That Result In A Compromise Or An Actual Or Potentially Adverse Effect On An Information System And Or The Information Residing Therein Information System Means A Discrete Set Of Information Resources Organized For The Collection Processing Maintenance Use Sharing Dissemination Or Disposition Of Information Media Means Physical Devices Or Writing Surfaces Including But Is Not Limited To Magnetic Tapes Optical Disks Magnetic Disks Large Scale Integration Memory Chips And Printouts Onto Which Covered Defense Information Is Recorded Stored Or Printed Within A Covered Contractor Information System Technical Information Means Technical Data Or Computer Software As Those Terms Are Defined In The Clause At Dfars 252 227 7013 Rights In Technical Data Noncommercial Items Regardless Of Whether Or Not The Clause Is Incorporated In This Solicitation Or Contract Examples Of Technical Information Include Research And Engineering Data Engineering Drawings And Associated Lists Specifications Standards Process Sheets Manuals Technical Reports Technical Orders Catalog Item Identifications Data Sets Studies And Analyses And Related Information And Computer Software Executable Code And Source Code B Restrictions The Contractor Agrees That The Following Conditions Apply To Any Information It Receives Or Creates In The Performance Of This Contract That Is Information Obtained From A Third Party s Reporting Of A Cyber Incident Pursuant To Dfars Clause 252 204 7012 Safeguarding Covered Defense Information And Cyber Incident Reporting Or Derived From Such Information Obtained Under That Clause 1 The Contractor Shall Access And Use The Information Only For The Purpose Of Furnishing Advice Or Technical Assistance Directly To The Government In Support Of The Government s Activities Related To Clause 252 204 7012 And Shall Not Be Used For Any Other Purpose 2 The Contractor Shall Protect The Information Against Unauthorized Release Or Disclosure 3 The Contractor Shall Ensure That Its Employees Are Subject To Use And Non Disclosure Obligations Consistent With This Clause Prior To The Employees Being Provided Access To Or Use Of The Information 4 The Third Party Contractor That Reported The Cyber Incident Is A Third Party Beneficiary Of The Non Disclosure Agreement Between The Government And Contractor As Required By Paragraph B 3 Of This Clause 5 A Breach Of These Obligations Or Restrictions May Subject The Contractor To I Criminal Civil Administrative And Contractual Actions In Law And Equity For Penalties Damages And Other Appropriate Remedies By The United States And Ii Civil Actions For Damages And Other Appropriate Remedies By The Third Party That Reported The Cyber Incident As A Third Party Beneficiary Of This Clause C Subcontracts The Contractor Shall Include This Clause Including This Paragraph C In Subcontracts Or Similar Contractual Instruments For Services That Include Support For The Government s Activities Related To Safeguarding Covered Defense Information And Cyber Incident Reporting Including Subcontracts For Commercial Items Without Alteration Except To Identify The Parties A Definitions As Used In This Clause Adequate Security Means Protective Measures That Are Commensurate With The Consequences And Probability Of Loss Misuse Or Unauthorized Access To Or Modification Of Information Compromise Means Disclosure Of Information To Unauthorized Persons Or A Violation Of The Security Policy Of A System In Which Unauthorized Intentional Or Unintentional Disclosure Modification Destruction Or Loss Of An Object Or The Copying Of Information To Unauthorized Media May Have Occurred Contractor Attributional Proprietary Information Means Information That Identifies The Contractor S Whether Directly Or Indirectly By The Grouping Of Information That Can Be Traced Back To The Contractor S E G Program Description Facility Locations Personally Identifiable Information As Well As Trade Secrets Commercial Or Financial Information Or Other Commercially Sensitive Information That Is Not Customarily Shared Outside Of The Company Controlled Technical Information Means Technical Information With Military Or Space Application That Is Subject To Controls On The Access Use Reproduction Modification Performance Display Release Disclosure Or Dissemination Controlled Technical Information Would Meet The Criteria If Disseminated For Distribution Statements B Through F Using The Criteria Set Forth In Dod Instruction 5230 24 Distribution Statements On Technical Documents The Term Does Not Include Information That Is Lawfully Publicly Available Without Restrictions Covered Contractor Information System Means An Unclassified Information System That Is Owned Or Operated By Or For A Contractor And That Processes Stores Or Transmits Covered Defense Information Covered Defense Information Means Unclassified Controlled Technical Information Or Other Information As Described In The Controlled Unclassified Information Cui Registry At Http Www Archives Gov Cui Registry Category List Html That Requires Safeguarding Or Dissemination Controls Pursuant To And Consistent With Law Regulations And Governmentwide Policies And Is 1 Marked Or Otherwise Identified In The Contract Task Order Or Delivery Order And Provided To The Contractor By Or On Behalf Of Dod In Support Of The Performance Of The Contract Or 2 Collected Developed Received Transmitted Used Or Stored By Or On Behalf Of The Contractor In Support Of The Performance Of The Contract Cyber Incident Means Actions Taken Through The Use Of Computer Networks That Result In A Compromise Or An Actual Or Potentially Adverse Effect On An Information System And Or The Information Residing Therein Forensic Analysis Means The Practice Of Gathering Retaining And Analyzing Computer Related Data For Investigative Purposes In A Manner That Maintains The Integrity Of The Data Information System Means A Discrete Set Of Information Resources Organized For The Collection Processing Maintenance Use Sharing Dissemination Or Disposition Of Information Malicious Software Means Computer Software Or Firmware Intended To Perform An Unauthorized Process That Will Have Adverse Impact On The Confidentiality Integrity Or Availability Of An Information System This Definition Includes A Virus Worm Trojan Horse Or Other Code Based Entity That Infects A Host As Well As Spyware And Some Forms Of Adware Media Means Physical Devices Or Writing Surfaces Including But Is Not Limited To Magnetic Tapes Optical Disks Magnetic Disks Large Scale Integration Memory Chips And Printouts Onto Which Covered Defense Information Is Recorded Stored Or Printed Within A Covered Contractor Information System Operationally Critical Support Means Supplies Or Services Designated By The Government As Critical For Airlift Sealift Intermodal Transportation Services Or Logistical Support That Is Essential To The Mobilization Deployment Or Sustainment Of The Armed Forces In A Contingency Operation Rapidly Report Means Within 72 Hours Of Discovery Of Any Cyber Incident Technical Information Means Technical Data Or Computer Software As Those Terms Are Defined In The Clause At Dfars 252 227 7013 Rights In Technical Data Noncommercial Items Regardless Of Whether Or Not The Clause Is Incorporated In This Solicitation Or Contract Examples Of Technical Information Include Research And Engineering Data Engineering Drawings And Associated Lists Specifications Standards Process Sheets Manuals Technical Reports Technical Orders Catalog Item Identifications Data Sets Studies And Analyses And Related Information And Computer Software Executable Code And Source Code B Adequate Security The Contractor Shall Provide Adequate Security On All Covered Contractor Information Systems To Provide Adequate Security The Contractor Shall Implement At A Minimum The Following Information Security Protections 1 For Covered Contractor Information Systems That Are Part Of An Information Technology It Service Or System Operated On Behalf Of The Government The Following Security Requirements Apply I Cloud Computing Services Shall Be Subject To The Security Requirements Specified In The Clause 252 239 7010 Cloud Computing Services Of This Contract Ii Any Other Such It Service Or System I E Other Than Cloud Computing Shall Be Subject To The Security Requirements Specified Elsewhere In This Contract 2 For Covered Contractor Information Systems That Are Not Part Of An It Service Or System Operated On Behalf Of The Government And Therefore Are Not Subject To The Security Requirement Specified At Paragraph B 1 Of This Clause The Following Security Requirements Apply I Except As Provided In Paragraph B 2 Ii Of This Clause The Covered Contractor Information System Shall Be Subject To The Security Requirements In National Institute Of Standards And Technology Nist Special Publication Sp 800 171 Protecting Controlled Unclassified Information In Nonfederal Information Systems And Organizations Available Via The Internet At Http Dx Doi Org 10 6028 Nist Sp 800 171 In Effect At The Time The Solicitation Is Issued Or As Authorized By The Contracting Officer Ii A The Contractor Shall Implement Nist Sp 800 171 As Soon As Practical But Not Later Than December 31 2017 For All Contracts Awarded Prior To October 1 2017 The Contractor Shall Notify The Dod Chief Information Officer Cio Via Email At Osd Dibcsia Mail Mil Within 30 Days Of Contract Award Of Any Security Requirements Specified By Nist Sp 800 171 Not Implemented At The Time Of Contract Award B The Contractor Shall Submit Requests To Vary From Nist Sp 800 171 In Writing To The Contracting Officer For Consideration By The Dod Cio The Contractor Need Not Implement Any Security Requirement Adjudicated By An Authorized Representative Of The Dod Cio To Be Nonapplicable Or To Have An Alternative But Equally Effective Security Measure That May Be Implemented In Its Place C If The Dod Cio Has Previously Adjudicated The Contractor S Requests Indicating That A Requirement Is Not Applicable Or That An Alternative Security Measure Is Equally Effective A Copy Of That Approval Shall Be Provided To The Contracting Officer When Requesting Its Recognition Under This Contract D If The Contractor Intends To Use An External Cloud Service Provider To Store Process Or Transmit Any Covered Defense Information In Performance Of This Contract The Contractor Shall Require And Ensure That The Cloud Service Provider Meets Security Requirements Equivalent To Those Established By The Government For The Federal Risk And Authorization Management Program Fedramp Moderate Baseline Https Www Fedramp Gov Resources Documents And That The Cloud Service Provider Complies With Requirements In Paragraphs C Through G Of This Clause For Cyber Incident Reporting Malicious Software Media Preservation And Protection Access To Additional Information And Equipment Necessary For Forensic Analysis And Cyber Incident Damage Assessment 3 Apply Other Information Systems Security Measures When The Contractor Reasonably Determines That Information Systems Security Measures In Addition To Those Identified In Paragraphs B 1 And 2 Of This Clause May Be Required To Provide Adequate Security In A Dynamic Environment Or To Accommodate Special Circumstances E G Medical Devices And Any Individual Isolated Or Temporary Deficiencies Based On An Assessed Risk Or Vulnerability These Measures May Be Addressed In A System Security Plan C Cyber Incident Reporting Requirement 1 When The Contractor Discovers A Cyber Incident That Affects A Covered Contractor Information System Or The Covered Defense Information Residing Therein Or That Affects The Contractor S Ability To Perform The Requirements Of The Contract That Are Designated As Operationally Critical Support And Identified In The Contract The Contractor Shall I Conduct A Review For Evidence Of Compromise Of Covered Defense Information Including But Not Limited To Identifying Compromised Computers Servers Specific Data And User Accounts This Review Shall Also Include Analyzing Covered Contractor Information System S That Were Part Of The Cyber Incident As Well As Other Information Systems On The Contractor S Network S That May Have Been Accessed As A Result Of The Incident In Order To Identify Compromised Covered Defense Information Or That Affect The Contractor S Ability To Provide Operationally Critical Support And Ii Rapidly Report Cyber Incidents To Dod At Http Dibnet Dod Mil 2 Cyber Incident Report The Cyber Incident Report Shall Be Treated As Information Created By Or For Dod And Shall Include At A Minimum The Required Elements At Http Dibnet Dod Mil 3 Medium Assurance Certificate Requirement In Order To Report Cyber Incidents In Accordance With This Clause The Contractor Or Subcontractor Shall Have Or Acquire A Dod Approved Medium Assurance Certificate To Report Cyber Incidents For Information On Obtaining A Dod Approved Medium Assurance Certificate See Http Iase Disa Mil Pki Eca Pages Index Aspx D Malicious Software When The Contractor Or Subcontractors Discover And Isolate Malicious Software In Connection With A Reported Cyber Incident Submit The Malicious Software To Dod Cyber Crime Center Dc3 In Accordance With Instructions Provided By Dc3 Or The Contracting Officer Do Not Send The Malicious Software To The Contracting Officer E Media Preservation And Protection When A Contractor Discovers A Cyber Incident Has Occurred The Contractor Shall Preserve And Protect Images Of All Known Affected Information Systems Identified In Paragraph C 1 I Of This Clause And All Relevant Monitoring Packet Capture Data For At Least 90 Days From The Submission Of The Cyber Incident Report To Allow Dod To Request The Media Or Decline Interest F Access To Additional Information Or Equipment Necessary For Forensic Analysis Upon Request By Dod The Contractor Shall Provide Dod With Access To Additional Information Or Equipment That Is Necessary To Conduct A Forensic Analysis G Cyber Incident Damage Assessment Activities If Dod Elects To Conduct A Damage Assessment The Contracting Officer Will Request That The Contractor Provide All Of The Damage Assessment Information Gathered In Accordance With Paragraph E Of This Clause H Dod Safeguarding And Use Of Contractor Attributional Proprietary Information The Government Shall Protect Against The Unauthorized Use Or Release Of Information Obtained From The Contractor Or Derived From Information Obtained From The Contractor Under This Clause That Includes Contractor Attributional Proprietary Information Including Such Information Submitted In Accordance With Paragraph C To The Maximum Extent Practicable The Contractor Shall Identify And Mark Attributional Proprietary Information In Making An Authorized Release Of Such Information The Government Will Implement Appropriate Procedures To Minimize The Contractor Attributional Proprietary Information That Is Included In Such Authorized Release Seeking To Include Only That Information That Is Necessary For The Authorized Purpose S For Which The Information Is Being Released I Use And Release Of Contractor Attributional Proprietary Information Not Created By Or For Dod Information That Is Obtained From The Contractor Or Derived From Information Obtained From The Contractor Under This Clause That Is Not Created By Or For Dod Is Authorized To Be Released Outside Of Dod 1 To Entities With Missions That May Be Affected By Such Information 2 To Entities That May Be Called Upon To Assist In The Diagnosis Detection Or Mitigation Of Cyber Incidents 3 To Government Entities That Conduct Counterintelligence Or Law Enforcement Investigations 4 For National Security Purposes Including Cyber Situational Awareness And Defense Purposes Including With Defense Industrial Base Dib Participants In The Program At 32 Cfr Part 236 Or 5 To A Support Services Contractor Recipient That Is Directly Supporting Government Activities Under A Contract That Includes The Clause At 252 204 7009 Limitations On The Use Or Disclosure Of Third Party Contractor Reported Cyber Incident Information J Use And Release Of Contractor Attributional Proprietary Information Created By Or For Dod Information That Is Obtained From The Contractor Or Derived From Information Obtained From The Contractor Under This Clause That Is Created By Or For Dod Including The Information Submitted Pursuant To Paragraph C Of This Clause Is Authorized To Be Used And Released Outside Of Dod For Purposes And Activities Authorized By Paragraph I Of This Clause And For Any Other Lawful Government Purpose Or Activity Subject To All Applicable Statutory Regulatory And Policy Based Restrictions On The Government S Use And Release Of Such Information K The Contractor Shall Conduct Activities Under This Clause In Accordance With Applicable Laws And Regulations On The Interception Monitoring Access Use And Disclosure Of Electronic Communications And Data L Other Safeguarding Or Reporting Requirements The Safeguarding And Cyber Incident Reporting Required By This Clause In No Way Abrogates The Contractor S Responsibility For Other Safeguarding Or Cyber Incident Reporting Pertaining To Its Unclassified Information Systems As Required By Other Applicable Clauses Of This Contract Or As A Result Of Other Applicable U S Government Statutory Or Regulatory Requirements M Subcontracts The Contractor Shall 1 Include This Clause Including This Paragraph M In Subcontracts Or Similar Contractual Instruments For Operationally Critical Support Or For Which Subcontract Performance Will Involve Covered Defense Information Including Subcontracts For Commercial Items Without Alteration Except To Identify The Parties The Contractor Shall Determine If The Information Required For Subcontractor Performance Retains Its Identity As Covered Defense Information And Will Require Protection Under This Clause And If Necessary Consult With The Contracting Officer And 2 Require Subcontractors To I Notify The Prime Contractor Or Next Higher Tier Subcontractor When Submitting A Request To Vary From A Nist Sp 800 171 Security Requirement To The Contracting Officer In Accordance With Paragraph B 2 Ii B Of This Clause And Ii Provide The Incident Report Number Automatically Assigned By Dod To The Prime Contractor Or Next Higher Tier Subcontractor As Soon As Practicable When Reporting A Cyber Incident To Dod As Required In Paragraph C Of This Clause A Definitions As Used In This Clause Computer Software Means Computer Programs Source Code Source Code Listings Object Code Listings Design Details Algorithms Processes Flow Charts Formulae And Related Material That Would Enable The Software To Be Reproduced Recreated Or Recompiled Computer Software Does Not Include Computer Data Bases Or Computer Software Documentation Litigation Support Means Administrative Technical Or Professional Services Provided In Support Of The Government During Or In Anticipation Of Litigation Litigation Support Contractor Means A Contractor Including Its Experts Technical Consultants Subcontractors And Suppliers Providing Litigation Support Under A Contract That Contains The Clause At 252 204 7014 Limitations On The Use Or Disclosure Of Information By Litigation Support Contractors Sensitive Information Means Controlled Unclassified Information Of A Commercial Financial Proprietary Or Privileged Nature The Term Includes Technical Data And Computer Software But Does Not Include Information That Is Lawfully Publicly Available Without Restriction Technical Data Means Recorded Information Regardless Of The Form Or Method Of The Recording Of A Scientific Or Technical Nature Including Computer Software Documentation The Term Does Not Include Computer Software Or Data Incidental To Contract Administration Such As Financial And Or Management Information B Notice Of Authorized Disclosures Notwithstanding Any Other Provision Of This Solicitation Or Contract The Government May Disclose To A Litigation Support Contractor For The Sole Purpose Of Litigation Support Activities Any Information Including Sensitive Information Received 1 Within Or In Connection With A Quotation Or Offer Or 2 In The Performance Of Or In Connection With A Contract C Flowdown Include The Substance Of This Clause Including This Paragraph C In All Subcontracts Including Subcontracts For Commercial Items
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