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

16. ADMINISTERED BY CODE

7. FOR SOLICITATION 

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 

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

1. REQUISITION NUMBER

1000107297

2. CONTRACT NO.

SPE3S1-21-D-Z135

3. AWARD/EFFECTIVE 

DATE

2021 NOV 01

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE3S1-21-R-0003

6. SOLICITATION ISSUE 

 DATE 

2021 JAN 05

a. NAME b. TELEPHONE NUMBER (No collect 

 calls)

8. OFFER DUE DATE/ 

LOCAL TIME

9. ISSUED BY CODE SPE3S1

DLA TROOP SUPPORT 

SUBSISTENCE SUPPLY CHAIN 

700 ROBBINS AVENUE 

PHILADELPHIA PA 19111-5096 

USA 

Local Admin: Steven Hoenes PSPTRCC Tel: 215-737-3726 

Email: Steven.Hoenes@dla.mil

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: 311812

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA- 

 TION UNLESS BLOCK IS 

 MARKED

12. DISCOUNT TERMS

Net 30 days

 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 SPE3S1

SEE BLOCK 9 

Criticality: PAS : None

17a. CONTRACTOR/ CODE 

 OFFEROR

FACILITY 

CODE

7R8H1

STERLING BV, INC. 

DBA STERLING FOODS 

1075 ARION PKWY 

SAN ANTONIO TX 78216-2883 

USA

TELEPHONE NO. 5107540358

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC 

BSM 

P O BOX 182317 

COLUMBUS OH 43218-2317 

USA

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

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

$168,058,194.42

 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.

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)

Tiendung Nguyen 

TIENDUNG.NGUYEN@DLA.MIL

31c. DATE SIGNED

2021 SEP 20

1 FINAL PROPOSAL REVISION

2021-Jul-22

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV. 

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

ALL LINE ITEMS

See Schedule

 DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), 

 INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH , 

 HEREIN IS ACCEPTED AS TO ITEMS: 

EDWOSB

PAGE 1 OF 25 

NGUYEN.TIENDUNG.H.1284072150 Digitally signed by NGUYEN.TIENDUNG.H.1284072150 

Date: 2021.09.20 12:40:11 -04'00'
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)

36. PAYMENT

PARTIAL FINAL

19. 

ITEM NO.

20. 

 SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

 22. 

 UNIT

23. 

UNIT PRICE

24. 

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS 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

42b. RECEIVED AT (Location)

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
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SPE3S1-21-D-Z135

Part 12 Clauses

The following documents are hereby incorporated by reference into this contract: Solicitation SPE3S1-21-R-0003, solicitation 

amendments 0001 through 0005, and your final proposal revision, which is being accepted by the Government to form this 

contract. All clauses and provisions within solicitation SPE3S1-21-R-0003 have been incorporated into this contract with their 

most recent version. 

SPE3S1-21-R-0003, on page 38 of 115, after I, 2, b, i, B, add following paragraph C.: 

“C. Upon the issuance of a microbiological presumptive positive or test failure, the Government reserves the right to suspend 

Government inspection for sufficient time to allow the DLA Food Safety Officer to determine that the offeror has adequately 

demonstrated that the food safety risk of products being offered have been satisfactorily remediated.” 

Effective period of performance: 

Each tier year is for a one year period: 

Tier 1: November 1, 2021 - October 31, 2022 

Tier 2: November 1, 2022 - October 31, 2023 

Tier 3: November 1, 2023 - October 30, 2024 

Tier 4: October 31, 2024 - October 30, 2025 

Tier 5: October 31, 2025 - October 30, 2026 

Place of Performance 

Sterling BV, Inc. 

D.B.A. Sterling Foods

1075 Arion Parkway

San Antonio, TX 78216-2883

Line 0001: Cookies, Regular, Chocolate Chip, Plain, Crisp 

NSN: 8920-01-479-1847

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

Product Demonstration Model: Lot 1029 

Line 0002: Cookies, Regular, Oatmeal, Chocolate Chunk, Crisp 

NSN: 8920-01-610-1980

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 

Product Demonstration Model: Lot 1042 

Line 0003: Cookies, Regular Oatmeal, Plain, Crisp

NSN: 8920-01-490-3557

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 

Product Demonstration Model: Lot 1014 

Line 0004: Muffin Top, Maple, Trans Fat Free 
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

NSN: 8920-01-579-3687

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 

Product Demonstration Model: Lot 1014 

Line 0005: Pound Cake, Applesauce, Trans Fat Free 

NSN: 8920-01-620-9442

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 

Product Demonstration Model: Lot 1006 

Line 0006: Pound Cake, Lemon Poppy Seed, Trans Fat Free 

NSN: 8920-01-458-0130

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 

Product Demonstration Model: Lot 1020 

Line 0007: Pound Cake, Marble, Trans Fat Free 

NSN: 8920-01-545-1391

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 

Product Demonstration Model: Lot 1005 

Line 0008: Pound Cake, Vanilla, Trans Fat Free 

NSN: 8920-01-348-4694

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

Offered Prices: 

Product Demonstration Model: Lot 1013 

Line 0009: Bread, Mini-Loaf, Sliced 

NSN: 8920-01-691-5153

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 2,252,000 EA (inclusive of all Tiers)

Estimated Quantity: 3,030,000 EA per year

Maximum Quantity: 37,875,000 EA

Surge Quantity: 7,996,793 EA

Offered Prices: 

Product Demonstration Model: Lot 1019 

Line 0010: Snack Bread, Fortified, White Wheat Snack Bread 

NSN: 8920-01-610-1857

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

Product Demonstration Model: Lot 1014 

Line 0011: Tortillas, Plain 

NSN: 8920-01-525-3622

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 5,050,000 EA (inclusive of all Tiers)

Estimated Quantity: 6,060,000 EA per year

Maximum Quantity: 75,750,000 EA

Surge Quantity: 15,993,586 EA

Offered Prices: 

Product Demonstration Model: Lot 1007 

Line 0012: Tortilla, Chipotle 

NSN: 8920-01-621-2384

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 1,262,500 EA (inclusive of all Tiers)

Estimated Quantity: 1,515,000 EA per year

Maximum Quantity: 18,937,500 EA

Surge Quantity: 3,998,397 EA

Offered Prices: 

Product Demonstration Model: Lot 1019 
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

Line 0013: Tortilla, Whole Grain 

NSN: 8920-01-691-4844

Delivery Terms: F.O.B Destination

Inspection and Acceptance: Origin

Guaranteed Minimum Quantity: 2,525,000 EA (inclusive of all Tiers)

Estimated Quantity: 3,030,000 EA per year

Maximum Quantity: 37,875,000 EA

Surge Quantity: 7,996,793 EA

Offered Prices: 

Product Demonstration Model: Lot 1015 

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUL 2021) FAR

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (FEB 2021) FAR

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. 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).
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

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

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

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

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence; 

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

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

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

(8) PSC 9610, Ores; 

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

(10) PSC 9630, Additive Metal Materials. 

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

materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of 

reassembly is not the place of manufacture.

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

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, oilrelated 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 the field of operation in which it is 

bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this 

solicitation. 

(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 124.1002, means a small business concern under the size standard applicable 
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

to the acquisition, that --

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -- 

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) 

individuals who are citizens of the United States; and 

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable 

exclusions set forth at 13 CFR 124.104(c)(2); and 

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the 

criteria in paragraphs (1)(i) and (ii) of this definition. 

Subsidiary means an entity in which more than 50 percent of the entity is owned --

(1) Directly by a parent corporation; or 

(2) Through another subsidiary of a parent corporation. 

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.

(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 SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted 

electronically at FAR 52.212-3, Offeror Representations and Certifications --Commercial Items, have been entered or updated in the last 12 

months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(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 will be performed in the United States or its outlying areas. 

Check all that apply. 

(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. 

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) 

of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. 

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small 

business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled 

veteran-owned small business concern. 

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) 

of this provision.] The offeror represents that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. 

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) 
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SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. 

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business 

concern in paragraph (c)(5) of this provision.] The offeror represents that -- 

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB 

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and 

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)

(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror 

shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating 

in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate 

signed copy of the WOSB representation. 

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a 

WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that -- 

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in 

circumstances or adverse decisions have been issued that affects its eligibility; and 

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)

(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of 

the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating 

in the joint venture shall submit a separate signed copy of the EDWOSB representation. 

Note 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, on the List of Qualified HUBZone 

Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal 

office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and 

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in 

paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. 

[The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each 

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone 

representation. 

(d) Representations required to implement provisions of Executive Order 11246 -- 

(1) Previous contracts and compliance. The offeror represents that -- 

(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this 

solicitation; and 

(ii) It ] has, [ ] has not filed all required compliance reports. 

(2) Affirmative Action Compliance. The offeror represents that -- 

(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action 

programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or 

(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of 

the Secretary of Labor. 

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed 

$150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been 

paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an 

officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant 

contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this 

contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name 

of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable 

compensation were made. 

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is 

included in this solicitation.) 
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(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for 

other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside 

the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as 

domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the 

definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” 

“end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American --Supplies.” 

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary] 

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

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

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

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

product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or 

manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” 

“commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free 

Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the 

clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act.” 

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

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

--Free Trade Agreements --Israeli Trade Act” 

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

End Products:

Line Item No. Country of Origin

[List as necessary] 

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

defined in the clause of this solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act.” The offeror shall list as 

other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an 

end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” 

Other Foreign End Products

Line Item No. Country of Origin

[List as necessary] 

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

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

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

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

American --Free Trade Agreements --Israeli Trade Act”: 

Canadian End Products

Line Item No.
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[List as necessary] 

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

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this 

solicitation entitled “Buy American --Free Trade Agreements --Israeli Trade Act”: 

Canadian or Israeli End Products: 

Line Item No. Country of Origin

[List as necessary] 

(g)(4) 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] 

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated 

country end product, as defined in the clause of this solicitation entitled “Trade Agreements”. 

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

Other End Products:

Line Item No Country of Origin

[List as necessary] 

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

WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the 

Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the 

Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the 

requirements of the solicitation. 

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

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

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

Federal agency; 

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

them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local 

government contract or subcontract; violation of Federal or state antitrust statutes 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. 
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(i) Taxes are considered delinquent if both of the following criteria apply: 

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

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

judicial appeal rights have been exhausted. 

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

payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. 

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

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

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

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

R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the 

Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax 

liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax 

liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal 

rights. 

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

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

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

U.S.C. 362 (the Bankruptcy Code). 

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

paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor 

Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] 

(1) Listed end products. 

Listed End Product

Listed End Product Listed Countries of Origin

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

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

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

in the corresponding country as listed for that product. 

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

the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced 

or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of 

those efforts, the offeror certifies that it is not aware of any such use of child labor. 

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

statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to 

this solicitation is predominantly -- 

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

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

(2) [ ] Outside the United States. 

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

compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt 

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

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

certify that -- 

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

traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course 

of normal business operations; 

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

for the maintenance, calibration, or repair of such equipment; and 

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

that used for these employees and equivalent employees servicing the same equipment of commercial customers. 

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

[ ] 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. 
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(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 

(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 
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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 highest-level 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) of Public Law 115-232. 

(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) 

 

 

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) FAR

 

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

ITEMS (JUL 2021) FAR

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by 

reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 

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

Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent 
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appropriations acts (and as extended in continuing resolutions)). 

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

Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). 

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) 

(Section 889(a)(1)(A) of Pub. L. 115-232). 

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). 

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in 

this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting 

Officer check as appropriate.] 

 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.

S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

X (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).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for 

Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

 (10) [Reserved]

 (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a).

 (ii) Alternate I (MAR 2020) of 52.219-3.

X (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive 

the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

 (ii) Alternate I (MAR 2020) of 52.219-4.

 (13) [Reserved]

 (14)(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.

 (15)(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. 

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

X (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

 (18)(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.

 (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages --Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

 (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

X (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

 (ii) Alternate I (MAR 2020) of 52.219-28.
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 (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business 

(EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

 (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the WomenOwned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

 (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

 (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

X (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

X (32)(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.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available 

off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

 (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)

(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

 (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf 

items.)

X (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

X (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

 (40)(i) 52.223-13, Acquisition of EPEAT ® -Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

 (ii) Alternate I (OCT 2015) of 52.223-13.

 (41)(i) 52.223-14, Acquisition of EPEAT ® -Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

 (ii) Alternate I (Jun 2014) of 52.223-14.

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

 (43)(i) 52.223-16, Acquisition of EPEAT ® -Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

 (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

 (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

 (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

X (48) 52.225-1, Buy American --Supplies (JAN 2021) (41 U.S.C. chapter 83).

X (49)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 

U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 

109-283, 110-138, 112-41, 112-42, and 112-43.

 (ii) Alternate I (JAN 2021) of 52.225-3.

 (iii) Alternate II (JAN 2021) of 52.225-3.

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

 (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of 
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Foreign Assets Control of the Department of the Treasury).

 (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the 

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

 (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

 (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

 (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

 (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C. 2307(f)).

 (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

 (58) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (OCT 2018) (31 U.S.C. 3332).

 (59) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

 (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

 (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

X (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

 (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 155305 and 10 U.S.C. 

2631).

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

 (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer 

has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to 

acquisitions of commercial items: [Contracting Officer check as appropriate.] 

 (1) 52.222-41, 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.C. chapter 67).

 (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

 (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

X (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) of this paragraph in a subcontract for commercial items. Unless otherwise 

indicated below, the extent of the flow down shall be as required by the clause -- 

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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, 
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Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in 

subsequent appropriations acts (and as extended in continuing resolutions)). 

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

Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). 

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) 

(Section 889(a)(1)(A) of Pub. L. 115-232). 

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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. 

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in 

accordance with paragraph (f) of FAR clause 52.222-40. 

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

(xiv) 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). 

(xv) 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). 

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). 

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). 

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of 

the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). 

(xxi) 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. 

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 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 items a minimal number of additional clauses 

necessary to satisfy its contractual obligations. 

(End of clause) 

 

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

 

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

INFORMATION (OCT 2016) DFARS

 

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, 

SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020) FAR

 

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) FAR

 

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) FAR

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 
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313 (including revisions adopted during the term of the contract). 

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous 

material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. 

This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert 

None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to 

be delivered under this contract is hazardous. 

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, 

meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material 

identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not 

the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior 

to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. 

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders 

incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the 

Contracting Officer and resubmit the data. 

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any 

responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. 

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, 

codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. 

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows: 

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to -- 

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or 

disposing of hazardous materials; 

(ii) Obtain medical treatment for those affected by the material; and 

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes. 

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in 

precedence over any other clause of this contract providing for rights in data. 

(3) The Government is not precluded from using similar or identical data acquired from other sources. 

(End of Clause) 

 

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENT (FEB 2021) FAR

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

 

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

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2020) DFARS

 

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR 

EQUIPMENT (OCT 2020) FAR

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “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” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications 

Equipment or Services --Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and CertificationsCommercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it 
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“does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered 

telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 

52.212-3. 

(a) Definitions. As used in this provisionBackhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming,

and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain 

Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) 

prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to 

procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or 

essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a thirdparty, such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or 

packets that such equipment transmits or otherwise handles. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the 

head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity 

that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential 

component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications 

equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be 

construed to -- 

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, 

such as backhaul, roaming, or interconnection arrangements; or 

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or 

packets that such equipment transmits or otherwise handles. 

(c) 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.” 

(d) Representations. The Offeror represents that -- 

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any 

contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure 

information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and 

(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 use any equipment, system, or service that uses 

covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph 

(e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section. 

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the 

representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: 

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and 

whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, 

manufacturer part number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would 

be permissible under the prohibition in paragraph (b)(1) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item 

being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, 

as applicable); or 

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed 

use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the 

prohibition in paragraph (b)(1) of this provision. 

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in 

paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: 
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 25 OF 25 PAGES

SPE3S1-21-D-Z135

Part 12 Clauses (CONTINUED)

(i) For covered equipment -- 

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and 

whether the entity was the OEM or a distributor, if known); 

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, 

manufacturer part number, or wholesaler number; and item description, as applicable); and 

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would 

be permissible under the prohibition in paragraph (b)(2) of this provision. 

(ii) For covered services -- 

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item 

being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, 

as applicable); or 

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered 

telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph 

(b)(2) of this provision. 

(End of provision)

 

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

(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)

 

252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION (MAY 2021) DFARS

 

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

(JAN 2021) DFARS

 

Attachments

List of Attachments

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ATTACH_Contractor_Signe

d_1449

Cont