SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000171468

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE 

DATE

4. ORDER NUMBER

SPE300-23-R-0039

5. SOLICITATION NUMBER

2023 NOV 16

6. SOLICITATION ISSUE 

 DATE

Alyssa Marley DAM0137

a. NAME

Phone: 215-737-4281

b. TELEPHONE NUMBER (No Collect

 calls)

2023 DEC 21

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE300

DLA TROOP SUPPORT 

DIRECTORATE OF SUBSISTENCE 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

 WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED 

VETERAN-OWNED 

SMALL BUSINESS

NAICS: 312111

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

12. DISCOUNT TERMS 

 

13a. THIS CONTRACT IS A 

RATED ORDER UNDER 

DPAS (15 CFR 700)

 13b. RATING

 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 

BELOW IS CHECKED

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

See Schedule

 

 

 

 

 

 

 

 

 

 

 

 

 

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

 

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY 

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

 

DATED . YOUR OFFER ON SOLICITATION 

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

1

SEE SCHEDULE

7. FOR SOLICITATION 

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

PAGE 1 OF 25
32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

19. 

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 

CORRECT FOR 

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Form

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN 

SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE 

WEB AT: 

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN 

EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF 

THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOWON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. 

 

PID Data - Custom Clause

 

Insert (copy and paste) text for the PID information here 

 

 

 

 

 

Part 12 Clauses

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS --- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 

(SEP 2023) FAR

As prescribed in 12.301(b)(2), insert the following provision: 

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the 

System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications 

electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. 

(a) Definitions. As used in this provision - 

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain 

Telecommunications and Video Surveillance Services or Equipment. 

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, and the concern is certified by SBA or an approved third-party certifier 

in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program. 

Forced or indentured child labor means all work or service - 

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself 

voluntarily; or 

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. 

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an 

immediate owner of the offeror. No entity owns or exercises control of the highest level owner. 

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or 

more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the 

common use of employees. 

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), 

applied in accordance with the rules and definitions of 6 U.S.C. 395(c). 

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except - 

(1) PSC 5510, Lumber and Related Basic Wood Materials; 

(2) Product or Service Group (PSG) 87, Agricultural Supplies; 

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

(5) PSC 9410, Crude Grades of Plant Materials; 

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; 

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; 

(8) PSC 9610, Ores; 

(9) PSC 9620, Minerals, Natural and Synthetic; and 

(10) PSC 9630, Additive Metal Materials. 

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the 

finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

manufacture. 

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. 

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance 

Services or Equipment. 

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 - (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and 

qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation. 

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third 

party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors 

including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 

121.103. 

Small disadvantaged business concern, consistent with 13 CFR 124.1001, 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 the threshold 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. 

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often 

through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. 

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. 

Veteran-owned small business concern means a small business concern - 

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not 

less than 51 percent of the stock of which is owned by one or more veterans; and 

(2) The management and daily business operations of which are controlled by one or more veterans. 

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 

(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 in SAM. 

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, 

Offeror Representations and Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, 

accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this 

solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

 [Offeror to identify the applicable paragraphs at (c) through (v) 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 is for supplies to be delivered or services to be performed in the United 

States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply. 

(1) Small business concern. The offeror represents as part of its offer that - 

(i) It [] is, [] is not a small business concern; or 

(ii) It [] is, [] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall 

enter the name and unique entity identifier of each party to the joint venture .] 

(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 - 

(i) It [] is [] is not a service-disabled veteran-owned small business concern; or 

(ii) It [] is, [] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity 

identifier of each party to the joint venture: ]. Each service-disabled veteran-owned small business concern participating in the joint venture shall provide 

representation of its service-disabled veteran-owned small business concern status. 

(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 joint venture eligible under the WOSB Program. The offeror represents that it [] is, [] is not a joint venture that complies with the requirements of 

13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] 

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [] is, [] is not a joint venture that 

complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint 

venture: .] 

Note to paragraphs (c)(8) and (9): 

Complete paragraphs (c)(8) and (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, as having been certified by SBA as a HUBZone small 

business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of 

its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and 

(ii) It [] is, [] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and 

unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide 

representation of its HUBZone status. 

(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.) 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(1)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic 

end product listed in paragraph (f)(3) of this provision contains a critical component. 

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For 

those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these 

foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select 

“no”. 

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105). 

(iv) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” “domestic end product,” “end product,” “foreign end product,” and 

“United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.” 

(2) Foreign End Products: 

Line Item No. Country of Origin Exceeds 55% domestic 

content (yes/no)

[List as necessary] 

(3) Domestic end products containing a critical component: 

Line Item No. 

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. 

(g)(1) Buy American - Free Trade Agreements - Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American - Free Trade 

Agreements - Israeli Trade Act, is included in this solicitation.) 

(i)(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each 

domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component. 

(B) The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “critical 

component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” 

“Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American - Free Trade Agreements - Israeli Trade Act.” 

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, 

or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American - Free Trade Agreements - Israeli Trade 

Act.” 

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: 

Line Item No. Country of Origin

[List as necessary] 

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause 

of this solicitation entitled “Buy American - Free Trade Agreements - Israeli Trade Act.” The Offeror shall list as other foreign end products those end 

products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or 

predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic 

content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”. 

Other Foreign End Products:

Line Item No. Country of Origin

Exceeds 55% domestic 

content 

(yes/no) 

[List as necessary] 

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105). 

Line Item No. 

[List as necessary] 

(v) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. 

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this 

solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this solicitation entitled “Buy American --Free 

Trade Agreements --Israeli Trade Act”: 

Israeli End Products 

Line Item No.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

Line Item No.

[List as necessary] 

(3) Buy American - Free Trade Agreements - Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this 

solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: 

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, 

Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American - Free Trade Agreements - 

Israeli Trade Act”: 

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End 

Products: 

Line Item No. Country of Origin

[List as necessary] 

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, 

as defined in the clause of this solicitation entitled “Trade Agreements”. 

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. 

Other End Products:

Line Item No. Country of Origin

[List as necessary] 

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the 

Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The 

Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no 

offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. 

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified 

acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals - 

(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; 

(2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission 

of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; 

violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or 

destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property, 

(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses 

enumerated in paragraph (h)(2) of this clause; and 

(4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the 

threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. 

(i) Taxes are considered delinquent if both of the following criteria apply: 

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending 

administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have 

been exhausted. 

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and 

required. A taxpayer is not delinquent in cases where enforced collection action is precluded. 

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a 

proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final 

tax liability until the taxpayer has exercised all judicial appeal rights. 

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 

entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS 

determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had 

no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this 

will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. 

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with 

the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. 

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the 

Bankruptcy Code). 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)

(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or 

Indentured Child Labor, unless excluded at 22.1503(b).] 

(1) Listed end products. 

Line Item No Country of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must 

certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] 

[] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding 

country as listed for that product. 

[] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding 

country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to 

mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any 

such use of child labor. 

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes 

only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly - 

(1) [] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total 

anticipated price of offered end products manufactured outside the United States); or 

(2) [] Outside the United States. 

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with 

respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting 

officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] 

(1) [] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [] does [] does not certify that - 

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or 

subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; 

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the 

maintenance, calibration, or repair of such equipment; and 

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these 

employees and equivalent employees servicing the same equipment of commercial customers. 

(2) [] Certain services as described in FAR 22.1003-4(d)(1). The offeror [] does [] does not certify that - 

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the 

case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; 

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); 

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less 

than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less 

than a month) servicing the Government contract; and 

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these 

employees and equivalent employees servicing commercial customers. 

(3) If paragraph (k)(1) or (k)(2) of this clause applies - 

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards 

wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and 

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or 

to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. 

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to SAM to 

be eligible for award.) 

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 

U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue 

Service (IRS). 

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government 

(31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may 

be matched with IRS records to verify the accuracy of the offeror's TIN. 

(3) Taxpayer Identification Number (TIN). 

[] TIN: 

[] TIN has been applied for. 

[] TIN is not required because: 

[] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or 

business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; 

[] Offeror is an agency or instrumentality of a foreign government; 

[] Offeror is an agency or instrumentality of the Federal Government. 

(4) Type of organization. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

[] Sole proprietorship; 

[] Partnership; 

[] Corporate entity (not tax-exempt); 

[] Corporate entity (tax-exempt); 

[] Government entity (Federal, State, or local); 

[] Foreign government; 

[] International organization per 26 CFR 1.6049-4; 

[] Other 

(5) Common parent. 

[] Offeror is not owned or controlled by a common parent; 

[] Name and TIN of common parent: 

Name: 

TIN: . 

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business 

operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made 

available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 

9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. 

(2) Representation. The Offeror represents that - 

(i) It [] is, [] is not an inverted domestic corporation; and 

(ii) It [] is, [] is not a subsidiary of an inverted domestic corporation. 

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning 

sensitive technology to the Department of State at CISADA106@state.gov. 

(2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of 

its offer, the offeror - 

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or 

individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under 

section 5 of the Iran Sanctions Act; and 

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold at 

FAR 25.703-2(a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are 

blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked 

Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). 

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if - 

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and 

(ii) The offeror has certified that all the offered products to be supplied are designated country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique 

entity identifer in the solicitation). 

(1) The Offeror represents that it [] has or [] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), 

then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. 

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information: 

Immediate owner CAGE code:

Immediate owner legal name: 

(Do not use a “doing business as” name) 

Is the immediate owner owned or controlled by another entity: []. Yes or []. No. 

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then 

enter the following information: 

Highest-level owner CAGE code: 

Highest-level owner legal name: 

(Do not use a “doing business as” name) 

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 

745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent 

appropriations acts, The Government will not enter into a contract with any corporation that - 

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and 

that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is 

aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or 

debarment is not necessary to protect the interests of the Government; or 

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the 

conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect 

the interests of the Government. 

(2) The Offeror represents that - 

(i) It is []. is not [] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been 

exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; 

and 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(ii) It is [] is not [] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. 

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) 

(1) The Offeror represents that it [] is or [] is not a successor to a predecessor that held a Federal contract or grant within the last three years. 

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or 

grant within the last three years (if more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code: (or mark “Unknown”). 

Predecessor legal name: 

(Do not use a “doing business as” name). 

(s) [Reserved] 

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (12.301(d)(1)). 

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation 

is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. 

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highestlevel owner) []. does, []. does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a 

greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the 

Greenhouse Gas Protocol Corporate Standard. 

(ii) The Offeror (itself or through its immediate owner or highest-level owner) []. does, [], does not publicly disclose a quantitative greenhouse gas emissions 

reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or 

percentage. 

(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. 

(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site

(s) where greenhouse gas emissions and/or reduction goals are reported. 

(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and 

its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use 

appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, 

fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully 

reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive 

such information. 

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information 

Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department 

or agency governing the nondisclosure of classified information. 

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal 

confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse 

related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency 

authorized to receive such information (e.g., agency Office of the Inspector General). 

(v) Covered Telecommunications Equipment or Services - Representation. Section 889(a)(1)(A) and section 889 (a)(1)(B) of Public Law 115-232. 

(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from 

receiving federal awards for “covered telecommunications equipment or services”. 

(2) The Offeror represents that - 

(i) It [] does, []. does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the 

performance of any contract, subcontract, or other contractual instrument. 

(ii) After conducting a reasonable inquiry for purposes of this representation, that it [] does, [] does not use covered telecommunications equipment or 

services, or any equipment, system, or service that uses covered telecommunications equipment or services. 

(End of provision)

 

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES -- 

ALTERNATE I (OCT 2014) FAR

Alternate I. As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) 

[ ] Black American.

[ ] Hispanic American.

[ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

[ ] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia 

(Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of 

the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

[ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

[ ] Individual/concern, other than one of the preceding.

 

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) FAR

 

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS --- COMMERCIAL 

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) FAR
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

As prescribed in 12.301(b)(4), insert the following clause: 

(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 products and commercial services: 

(1) 52.203 -19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the 

Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113 -235) and its successor provisions in subsequent appropriations acts (and as 

extended in continuing resolutions)). 

(2) 52.204 -23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 

(NOV 2021) (Section 1634 of Pub. L. 115 -91). 

(3) 52.204 -25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)

(A) of Pub. L. 115 -232). 

(4) 52.209 -10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). 

(5) 52.232 -40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). 

(6) 52.233 -3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 

(7) 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 products and commercial services: 

[Contracting Officer check as appropriate.] 

 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 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 (JUN 2020) (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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

 (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) 

(31 U.S.C. 6101 note).

 (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

 (11) [Reserved]

 (12) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (OCT 2022) (15 U.S.C. 657a).

 (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it 

shall so indicate in its offer) (15 U.S.C. 657a).

 (14) [Reserved]

 (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

 (ii) Alternate I (MAR 2020) of 52.219-6.

 (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

 (ii) Alternate I (MAR 2020) of 52.219-7. 

 (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

 (18)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 (JUN 2020) of 52.219-9.

 (v) Alternate IV (SEP 2023) of 52.219-9.

 (19)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

 (ii) Alternate I (MAR 2020) of 52.219-13.

 (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s .

 (21) 52.219-16, Liquidated Damages --Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

 (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

 (23)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

 (ii) Alternate I (MAR 2020) of 52.219-28.

 (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 

U.S.C. 637(m)).

 (25) 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 (OCT 2022) (15 U.S.C. 637(m)).

 (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

 (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

 (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

 (29) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

 (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

 (31)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

 (ii) Alternate I (Feb 1999) of 52.222-26.

 (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

 (ii) Alternate I (July 2014) of 52.222-35.

 (33)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

 (ii) Alternate I (July 2014) of 52.222-36.

 (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

 (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

 (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

 ((37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf 

items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

 (38)(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.)

 (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

 (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

 (41)(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.

 (42)(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.

 (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

 (44)(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.

 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

 (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

 (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

 (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

 (ii) Alternate I (JAN 2017) of 52.224-3.

 (49) 52.225-1, Buy American - Supplies (NOV 2021)) (41 U.S.C. chapter 83).

 (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 

U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [RESERVED].

 (iii) Alternate II (DEC 2022) of 52.225-3.

 (iv) Alternate III (JAN 2021) of 52.225-3.

 (51) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

 (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets 

Control of the Department of the Treasury).

 (53) 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. Subtitle A, Part V, Subpart G Note).

 (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

 (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

 (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

 (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

 (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). 

 (59) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (OCT 2018) (31 U.S.C. 3332).

 (60) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

 (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

 (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

 (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

 (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

 (ii) Alternate I (Apr 2003) of 52.247-64.

 (iii) Alternate II (NOV 2021) 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 products and 

commercial services: [Contracting Officer check as appropriate.] 

 (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

 (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.

S.C. 206 and 41 U.S.C. chapter 67).

 (4) 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).

 (5) 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).

 (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (MAY 2014) (41 U.S.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

C. chapter 67).

 (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

 (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

 (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using 

other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) (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) 52.204 -23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 

(NOV 2021) (Section 1634 of Pub. L. 115 -91). 

(iv) 52.204 -25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)

(A) of Pub. L. 115 -232). 

(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). 

(vi) 52.219 -8, Utilization of Small Business Concerns (SEP 2023) (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 the applicable threshold specified in FAR 19.702(a) on the date of 

subcontract award, the subcontractor must include 52.219 -8 in lower tier subcontracts that offer subcontracting opportunities. 

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015). 

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246). 

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). 

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). 

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). 

(xii) 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. 

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018)(41 U.S.C. chapter 67). 

(xiv) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). 

 (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 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). 

(xvi) 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). 

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). 

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022) 

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. Subtitle A, Part V, Subpart G Note). 

(xxii) 52.226 -6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with 

paragraph (e) of FAR clause 52.226 -6. 

(xxiii) 52.232 -40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down 

required in accordance with paragraph (c) of 52.232 -40. 

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional 

clauses necessary to satisfy its contractual obligations. 

(End of clause) 

 

52.215-6 PLACE OF PERFORMANCE (OCT 1997) FAR
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check 

applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated 

in this proposal or response to request for information. 

(b) If the offeror or respondent checks “i ntends” in paragraph (a) of this provision, it shall insert in the following spaces the required 

information: 

 

Place of Performance

(Street Address, City, State, County, ZIP Code) 

____________________ ______________________________ 

__________________________________________________ 

__________________________________________________ 

 

Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent 

__________________________________________________ 

__________________________________________________ 

__________________________________________________ 

(End of Provision) 

 

52.216-18 ORDERING (AUG 2020) FAR

As prescribed in 16.506(a), insert the following clause: 

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities 

designated in the Schedule. Such orders may be issued from through . 

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order 

and this contract, the contract shall control. 

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by 

facsimile, or by electronic commerce methods only if authorized in the Schedule. 

(End of clause)

 

52.216-19 ORDER LIMITATIONS (OCT 1995) FAR

As prescribed in 16.506(b), insert a clause substantially the same as follows: 

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than [insert dollar figure or quantity], 

the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. 

(b) Maximum order. The Contractor is not obligated to honor -- 

(1) Any order for a single item in excess of [insert dollar figure or quantity]; 

(2) Any order for a combination of items in excess of [insert dollar figure or quantity]; or 

(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this 

section. 

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the 

Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in 

paragraph (b) of this section. 

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), 

unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the 

item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 

(End of clause)

 

CLAUSES ADDED TO PART 12 BY ADDENDUM

 

52.203-14 DISPLAY OF HOTLINE POSTER (NOV 2021) FAR

As prescribed in 3.1004(b), insert the following clause: 

(a) Definition. 

“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas. 

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c). 

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing 

work under this contract and at contract work sites. 

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and 

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer. 

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an 

electronic version of the poster(s) at the website. 

(3) Any required posters may be obtained as follows: 

Poster(s) Obtain from 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

 

 

(Contracting Officer shall insert --- 

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and 

(ii) The website(s) or other contact information for obtaining the poster(s).) 

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the 

Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters. 

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified 

in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract— 

(1) Is for the acquisition of a commercial product or commercial service; or 

(2) Is performed entirely outside the United States. 

(End of clause) 

 

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS

 

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

 

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS

 

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT 

INFORMATION (JAN 2023) DFARS

 

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023) DFARS

 

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN 

2023) DFARS

 

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (DEC 2019) DFARS

As prescribed in 204.2105 (a), use the following provision: 

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered defense telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its 

offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(End of provision)

 

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022) DFARS

(a) Definitions. 

“Basic Assessment”, “Medium Assessment”, and “High Assessment” have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD 

Assessments. 

“Covered contractor information system” has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident 

Reporting, of this solicitation. 

(b) Requirement. In order to be considered for award, if the Offeror is required to implement NIST SP 800-171, the Offeror shall have a current assessment 

(i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is 

relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 

800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171. 

(c) Procedures. 

(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time 

is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor 

information systems relevant to the offer. 

(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time 

is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in 

the format identified in paragraph (d) of this provision. 

(d) Summary level scores. Summary level scores for all assessments will be posted 30 days post-assessment in SPRS to provide DoD Components visibility 

into the summary level scores of strategic assessments. 

(1) Basic Assessments. An Offeror may follow the procedures in paragraph (c)(2) of this provision for posting Basic Assessments to SPRS. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(i) The email shall include the following information: 

(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1). 

(B) Organization conducting the assessment (e.g., Contractor self-assessment). 

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract -- 

(1) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system 

security plan; and 

(2) A brief description of the system security plan architecture, if more than one plan exists. 

(D) Date the assessment was completed. 

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement). 

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from 

associated plan(s) of action developed in accordance with NIST SP 800-171. 

(ii) If multiple system security plans are addressed in the email described at paragraph (d)(1)(i) of this section, the Offeror shall use the following 

format for the report:

System Security Plan CAGE Codes 

supported by this plan 

Brief description of the 

plan architecture Date of assessment Total Score Date score of 110 will achieved 

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system 

assessed: 

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1). 

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code 

(DoDAAC)). 

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan. 

(iv) A brief description of the system security plan architecture, if more than one system security plan exists. 

(v) Date and level of the assessment, i.e., medium or high. 

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement). 

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from 

associated plan(s) of action developed in accordance with NIST SP 800-171. 

(3) Accessibility. 

(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in 

DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI). 

(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in 

accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf. 

(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and protect any 

such documentation as “Controlled Unclassified Information (CUI)” and intended for internal DoD use only. The information will be protected against 

unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 

covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential). 

(End of provision)

 

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

 

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

 

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (MAR 2023)

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (JAN 2023) DFARS

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM — ALTERNATE I (JAN 2023) DFARS

 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022) DFARS

 

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022) DFARS
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(a) Definitions. As used in this clause -- 

“Component” means any item supplied to the Government as part of an end product or of another component. 

“End product” means supplies delivered under a line item of this contract. 

"Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with 

the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services 

performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 

36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: 

Australia 

Austria 

Belgium 

Canada 

Czech Republic 

Denmark 

Egypt 

Estonia 

Finland 

France 

Germany 

Greece 

Israel 

Italy 

Japan 

Latvia 

Lithuania 

Luxembourg 

Netherlands 

Norway 

Poland 

Portugal 

Slovenia 

Spain 

Sweden 

Switzerland 

Turkey 

United Kingdom of Great Britain and Northern Ireland. 

“Structural component of a tent” -- 

(1) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs); and 

(2) Does not include equipment such as heating, cooling, or lighting. 

“United States” means the 50 States, the District of Columbia, and outlying areas. 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national 

status under the laws of the United States. 

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been 

grown, reprocessed, reused, or produced in the United States: 

(1) Food. 

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally 

associated with, clothing and the materials components thereof. Clothing includes items such as outerwear, headwear, underwear, 

nightwear. footwear, hosiery, handwear, belts, badges, and insignia. 

(3)(i) Tents and structural components of tents; 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(ii) Tarpaulins; or 

(iii) Covers. 

(4) Cotton and other natural fiber products. 

(5) Woven silk or woven silk blends. 

(6) Spun silk yarn for cartridge cloth. 

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics. 

(8) Canvas products. 

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). 

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed 

in this paragraph (b). 

(c) This clause does not apply -- 

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation, or other items for which the Government has determined that 

a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices; 

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, 

other natural fibers, or wool -- 

(i) Is not more than 10 percent of the total price of the end product; and 

(ii) Does not exceed the threshold at Defense Federal Acquisition Regulation Supplement 225.7002-2(a); 

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; 

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the 

foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United 

States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance 

with paragraph (d) of this clause; 

(5) To chemical warfare protective clothing produced in a qualifying country; or 

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic 

fabric itself), if -- 

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or 

in part of fabric, include 3⁄4 

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and 

Appliances); 

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal 

Supply Group 84, Clothing, Individual Equipment and Insignia; 

(C) Upholstered seats (whether for household, office, or other use); and 

(D) Parachutes (Federal Supply Class 1670); or 

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country. 

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract -- 

(i) Shall be taken from the sea by U.S.-flag vessels; or 

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and 

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States. 

(End of clause)

 

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (JAN 2023) DFARS

 

252.225-7054 PROHIBITION ON USE OF CERTAIN ENERGY SOURCED FROM INSIDE THE RUSSIAN FEDERATION (JAN 2023) 

FAR

 

252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023) DFARS

 

252.225-7058 POSTAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF 

CHINA (JAN 2023) DFARS

 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

 

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) DFARS

As prescribed in 232.7004 (b), use the following clause: 

(a) Definitions. As used in this clause - 

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. 

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). 

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. 

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by 

Defense Federal Acquisition Regulation System (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

(c) WAWF access. To access WAWF, the Contractor shall - 

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov and 

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. 

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site 

before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://

wawf.eb.mil/. 

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. 

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for 

this contract or task or delivery order: 

(1) Document type. The Contractor shall submit payment requests using the following document type(s): 

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. 

(ii) For fixed price line items - 

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. 

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.) 

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving 

report, or the applicable invoice and receiving report, as specified by the Contracting Officer. 

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.) 

(iii) For customary progress payments based on costs incurred, submit a progress payment request. 

(iv) For performance based payments, submit a performance based payment request. 

(v) For commercial financing, submit a commercial financing request. 

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. 

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.] 

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating 

payment requests and receiving reports in the system. 

Routing Data Table * 

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver 

(DoDAAC)

Service Acceptor 

(DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(* Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) 

(** Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration 

office assigned the functions under FAR 42.302(a)(13).) 

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with 

the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. 

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF 

point of contact. 

(Contracting Officer: Insert applicable information or “Not applicable.”) 

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. 

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

 

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (JAN 2023) DFARS

 

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

 

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (JAN 2023) DFARS

 

252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023) DFARS

 

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

 

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information 

will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to 

permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose 

offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer's best estimate of the actual transportation costs. If the 

item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the 

contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been 

incurred if the evaluated shipping characteristics had been accurate. 

(1) To be completed by the offeror: 

(i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ; 

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ; 

(iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft; 

(iv) Number of items per container each; 

(v) Gross weight of container and contents Lbs; 

(vi) Palletized/skidded [ ] Yes [ ] No; 

(vii) Number of containers per pallet/skid ; 

(viii) Weight of empty pallet bottom/skid and sides Lbs; 

(ix) Size of pallet/skid and contents Lbs Cube ; 

(x) Number of containers or pallets/skids per railcar * 

(A) Size of railcar 

(B) Type of railcar 

(xi) Number of containers or pallets/skids per trailer * 

(A) Size of trailer Ft 

(B) Type of trailer 

* Number of complete units (line item) to be shipped in carrier's equipment. 

(2) To be completed by the Government after evaluation but before contract award: 

(i) Rate used in evaluation ; 

(ii) Tender/Tariff ; 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 21 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(iii) Item . 

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are 

specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any 

liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation 

in accordance with paragraph (a) of this clause. 

(End of clause)

 

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA --- BASIC (JAN 2023) DFARS

Basic. As prescribed in 247.574 (b) and (b)(1), use the following clause: 

(a) Definitions. As used in this clause -- 

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the 

Contractor or any subcontractor. 

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. 

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. 

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. 

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results 

from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract. 

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of 

transportation by sea. 

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract 

number or a military destination. 

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, 

and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; 

construction materials; and components of the foregoing. 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the 

laws of the United States. 

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. 

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if -- 

(i) This contract is a construction contract; or 

(ii) The supplies being transported are -- 

(A) Noncommercial items; or 

(B) Commercial items that -- 

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it 

subcontracts for f.o.b. destination shipment); 

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping 

operations; or 

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643. 

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-

flag vessels, if the Contractor or a subcontractor believes that -- 

(1) U.S.-flag vessels are not available for timely shipment; 

(2) The freight charges are inordinately excessive or unreasonable; or 

(3) Freight charges are higher than charges to private persons for transportation of like goods. 

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date 

necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the 

Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other 

clause of this contract. Requests shall contain at a minimum -- 

(1) Type, weight, and cube of cargo; 

(2) Required shipping date; 

(3) Special handling and discharge requirements; 

(4) Loading and discharge points; 

(5) Name of shipper and consignee; 

(6) Prime contract number; and 

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at 

least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose. 

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office 

of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating 

carrier's ocean bill of lading, which shall contain the following information: 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 22 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

(1) Prime contract number; 

(2) Name of vessel; 

(3) Vessel flag of registry; 

(4) Date of loading; 

(5) Port of loading; 

(6) Port of final discharge; 

(7) Description of commodity; 

(8) Gross weight in pounds and cubic feet if available; 

(9) Total ocean freight in U.S. dollars; and 

(10) Name of steamship company. 

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to 

the best of its knowledge and belief -- 

(1) No ocean transportation was used in the performance of this contract; 

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; 

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; 

or 

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the 

Contracting Officer. The Contractor shall describe these shipments in the following format: 

* ITEM DESCRIPTION CONTRACT LINE 

 ITEMS QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject 

and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized 

use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized 

use. 

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate 

transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall 

-- 

(1) Notify the Contracting Officer of that fact; and 

 (2) Comply with all the terms and conditions of this clause. 

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the 

Contractor shall flow down the requirements of this clause as follows: 

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition 

threshold in part 2 of the Federal Acquisition Regulation. 

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below 

the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

(End of clause)

 

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

 

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

As prescribed in 52.107(b), insert the following clause: 

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting 

Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): 

FAR: https://www.acquisition.gov/?q=browsefar

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

 (End of clause)

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 

(JAN 2023) DFARS
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 23 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Clauses (CONTINUED)

 

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

 

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2022) DFARS

 

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) FAR

 

Attachments

List of Attachments

Description File Name

ATTACH_ATTACHMENT_

1_STATEMENT_OF_WOR

K

ATTACHEMNT 1 -

STATEMENT OF WORK 

(SOW).pdf

ATTACH_ATTACHMENT_

2_SCHEDULE_OF_ITEMS

ATTACHMENT 2-

SCHEDULE OF ITEMS.

xlsx

ATTACH_ATTACHMENT_

3___FPCON

ATTACHMENT 3-FPCON.

pdf

ATTACH_ATTACHMENT_

4___EDI_IMPLEMENTATI

ON_GUIDELINES_FOR_S

UBSISTENCE

ATTACHMENT 4-EDI 

IMPLEMENTATION 

GUIDELINES FOR 

SUBSISTENCE PRIME 

VENDORS (STORES).pdf

ATTACH_ATTACHMENT_

5___STORES_AMPS_CU

STOMER_VENDOR_REQ

UESTS

ATTACHMENT 5-

STORES-AMPS 

CUSTOMER_VENDOR_R

EQUEST.pdf

ATTACH_ATTACHMENT_

6___FEMA_NOTIFICATIO

N_SPREADSHEET

ATTACHMENT 6-FEMA 

NOTIFICATION 

SPREADSHEET.xlsx

 

PID Data - Custom Clause

Header

 C1

 

Part 12 Provisions

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) FAR

52.212-2 EVALUATION---COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) FAR

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: 

(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: 

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; 

(ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order 

of importance.) 

Technical and past performance, when combined, are (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other 

evaluation factors, when combined, when compared to 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 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 24 OF 25 PAGES

CONTINUED ON NEXT PAGE

SPE300-23-R-0039

Part 12 Provisions (CONTINUED)

(or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 

(End of provision)

PROVISIONS ADDED TO PART 12 BY ADDENDUM

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY 

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES---REPRESENTATION (OCT 2020) FAR

As prescribed in 4.2105(c), insert the following provision: 

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, 

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities 

excluded from receiving federal awards for “covered telecommunications equipment or services”. 

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered 

products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. 

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered 

telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. 

 (End of provision)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2022) DFARS

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) DFARS

52.207-4 ECONOMIC PURCHASE QUANTITY---SUPPLIES (AUG 1987) FAR

As prescribed in 7.203 , insert the following provision: 

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) 

economically advantageous to the Government. 

 

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. 

If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which 

a a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well. 

OFFEROR RECOMMENDATIONS

ITEM QUANTITY PRICE QUOTATION TOTAL

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in 

developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit 

with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired. 

(End of provision)

M05 EVALUATION FACTOR FOR USED, RECONDITIONED, REMANUFACTURED SUPPLIES OR UNUSED FORMER GOVERNMENT 

SURPLUS PROPERTY (SEP 2016)

52.216-1 TYPE OF CONTRACT (APR 1984) FAR

As prescribed in 16.105 , complete and insert the following provision: 

The Government contemplates award of a contract resulting from this solicitation. 

(End of provision)

252.225-7000 BUY AMERICAN STATUTE - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (NOV 2014) DFARS

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying 

country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and 

Balance of Payments Program --Basic clause of this solicitation. 

(b) Evaluation. The Government -- 

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation 

Supplement; and 

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of 

Payments Program. 

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program --Basic clause of this solicitation, the offeror certifies 

that -- 

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 25 OF 25 PAGES

SPE300-23-R-0039

Part 12 Provisions (CONTINUED)

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or 

manufactured outside the United States or a qualifying country. 

(2) The offeror certifies that the following end products are qualifying country end products: 

Line Item Number Country of Origin 

 

 (3) The following end products are other foreign end products, including 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 (ii) of the 

definition of “domestic end product”: 

Line Item Number Country of Origin (If known) 

 

(End of provision) 

252.225-7000 BUY AMERICAN STATUTE---BALANCE OF PAYMENTS PROGRAM CERTIFICATE)---ALTERNATE I (NOV 2014) 

DFARS

Alternate I. As prescribed in 225.1101 (1) and (1)(ii), use the following provision, which adds “South Caucasus/Central and South Asian (SC/CASA) state” 

and “South Caucasus/Central and South Asian (SC/CASA) state end product” in paragraph (a), and replaces “qualifying country end products” in paragraphs 

(b)(2) and (c)(2) with “qualifying country end products or SC/CASA state end products”:

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” 

“qualifying country end product,” “South Caucasus/Central and South Asian (SC/CASA) state,” “South Caucasus/Central and South Asian (SC/CASA) state 

end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments Program --Alternate I 

clause of this solicitation. 

(b) Evaluation. The Government -- 

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and 

(2) Will evaluate offers of qualifying country end products or SC/CASA state end products without regard to the restrictions of the Buy American statute 

or the Balance of Payments Program. 

(c) Certifications and identification of country of origin. 

(1) For all line items subject to the Buy American and Balance of Payments Program --Alternate I clause of this solicitation, the offeror certifies that -- 

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and 

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside 

the United States or a qualifying country. 

(2) The offeror certifies that the following end products are qualifying country end products or SC/CASA state end products: 

Line Item Number Country of Origin 

 

(3) The following end products are other foreign end products, including 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 (ii) of the definition of “domestic end 

product”: 

Line Item Number Country of Origin (If known) 

 

(End of provision)

252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (MAY 2022) DFARS

252.225-7057 PREAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF CHINA 

(AUG 2022) DFARS

L06 AGENCY PROTESTS (DEC 2016)

252.204-7024 NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023) DFARS

252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK 

IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES---REPRESENTATION (DEVIATION 2021-O0003) (APR 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that 

extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act 

for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to 

pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement 

agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the 

national defense, including intelligence activities. 

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or 

establish a computer network unless such network is designed to block access to pornography websites. 

(End of provision)