Part iv – REPRESENTATIONS and instructions



part iv – REPRESENTATIONS and instructionsSECTION k – representations, certifications, and other statements of offerorsK.1. Representation, Certifications, and Other Statements of OfferorsThe Offeror shall submit this Section J.7., Attachment (7), titled, “SECTION K REPRESENTATIONS AND CERTIFICATIONS” with their proposal. No other format will be considered. The Offeror shall fill out this Section K electronically or manually in its entirety and submit in .pdf format. CAUTION: Please answer all questions and fill in all information within each provision, as applicable.The following provisions apply at the master contract level and the task order level, as applicable. These provisions automatically flow down to task orders solicited and awarded under the master contract unless otherwise stated by the OCO at the task order level. The OCO will be provided a copy of any Contractor’s Section K upon request. The ASTRO CO may at their discretion request an updated Section K. K.2.Official Legal Entity Definitions: “Data Universal Numbering System (DUNS) number”, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.(2) “Commercial and Government Entity (CAGE) code” means an identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or an identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.The Offeror is submitting a proposal in the Offeror’s name as submitted in Block 15A on the Standard Form (SF) 33, Solicitation, Offer and Award, with a corresponding CAGE Code and (DUNS) Number in that matches the Offeror name on the SF 33, Block 15A.Unless a Novation Agreement or Change-of-Name Agreement (FAR 42.12) is executed for a contract awarded under this solicitation, the Offeror acknowledges that all Task Order Awards that result from a contract awarded under this solicitation shall also be in the Offeror’s name as submitted in Block 15A on the SF 33, Solicitation, Offer and Award, with a corresponding CAGE Code and DUNS Number in that matches the Offeror name on the SF 33, Block 15A.The Offeror is instructed to provide the official Legal Entity from the SF 33 and corresponding DUNS Number and Cage Code below.Official Legal Entity (Company) Name:Click here to enter text.Official Company Address:Click here to enter text.Official Company DUNS Number:Click here to enter text.Official Company Cage Code:Click here to enter text.K.3.Authorized Negotiator/Point of Contact The Offeror is instructed to provide the Name, Title, Telephone Number, and E-Mail Address of an authorized representative with authority to commit the Offeror to contractual obligations for the master contractName:Click here to enter text.Title:Click here to enter text.Office Phone:Click here to enter text.Mobile Phone:Click here to enter text.E-Mail:Click here to enter text.K.4. FAR 52.219-1?Small Business Program Representations (OCT 2014)(a) Definitions. As used in this provision—“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.“Service-disabled veteran-owned small business concern”—(1) Means a small business concern—(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.(2) “Service-disabled veteran” means a veteran, as defined in?38 U.S.C. 101(2), with a disability that is service-connected, as defined in?38 U.S.C. 101(16).“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.“Small disadvantaged business concern,” consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.“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 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) The North American Industry Classification System (NAICS) codes for this acquisition are:Pool TitleNAICS CodeData Operations Pool541990Mission Operations Pool541990Aviation Pool488190Space Pool488190Maritime Pool336611Ground Pool488490Development/Systems Integration Pool541330 Exception A, B, or CResearch Pool541715Support Pool541990Training Pool611699 (2) The small business size standard for the Data Operations Pool is: $ 16.5 MillionThe small business size standard for the Mission Operations Pool is: $ 16.5 MillionThe small business size standard for the Aviation Pool is: $ 35 MillionThe small business size standard for the Space Pool is: $ 35 MillionThe small business size standard for the Maritime Pool is: 1,250 EmployeesThe small business size standard for the Ground Pool is: $ 8 MillionThe small business size standard for the Development/Systems Integration Pool is: $ 41.5 MillionThe small business size standard for the Research Pool is: 1,000 EmployeesThe small business size standard for the Support Pool is: $ 16.5 MillionThe small business size standard for the Training Pool is: $ 12 Million (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.(c) Representations.The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Data Operations PoolThe offeror represents as part of its offer that it ? is, ? is not a small business concern under the Mission Operations Pool The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Aviation Pool The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Space Pool The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Maritime Pool The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Ground Pool The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Development/Systems Integration Pool The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Research Pool The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Support Pool The offeror represents as part of its offer that it ? is, ? is not a small business concern under the Training Pool [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.[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 women-owned small business concern.Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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.(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that—(i) It ? is, ? is not an EDWOSB 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)(5)(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.[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.[Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it???is,???is not a service-disabled 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—(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)(8)(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) Notice.(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.(2) Under?15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—(i) Be punished by imposition of fine, imprisonment, or both;(ii) Be subject to administrative remedies, including suspension and debarment; and(iii) Be ineligible for participation in programs conducted under the authority of the Act.(End of provision)K5.FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) (a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2?U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12). (b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision. (c) Certification. The offeror, by signing its offer, hereby 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 its behalf in connection with the awarding of this contract. (d) Disclosure. 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. (e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31?U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (End of provision) K.6.FAR 52.203-18?Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)??????(a)?Definition. As used in this provision-?????“Internal confidentiality agreement or statement, subcontract, and?subcontractor”, are defined in the clause at?52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.??????(b)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 funds appropriated (or otherwise made available) 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.??????(c)?The prohibition in paragraph (b) 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.??????(d)?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).(End of provision)K.7.FAR 52.204-3 Taxpayer Identification (OCT 1998)(a) Definitions.“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.(b) All offerors must submit the information required in paragraphs (d) through (f) 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 IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR)?4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.(c) 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.(d) Taxpayer Identification Number (TIN).? TIN: Click here to enter TIN Number? 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.(e) 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 Click here to enter text.(f) Common parent.? Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.? Name and TIN of common parent:NAME:Click here to enter text.TIN:Click here to enter text.(End of provision)K.8. FAR 52.204-5?Women-Owned Business (Other Than Small Business) (OCT 2014)??????(a)?Definition.“Women-owned business concern,” as used in this provision, means a concern 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.??????(b)?Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR?52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it ? is, ? is not a women-owned business concern.(End of provision)K.9. FAR 52.204-7?System for Award Management (OCT 2018)??????(a)?Definitions. As used in this provision—?????“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see?subpart? 32.11) for the same entity.?????“Registered in the System for Award Management (SAM)” means that–???????????(1)?The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see?subpart? 4.14) into SAM???????????(2)?The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;???????????(3)?The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and???????????(4)?The Government has marked the record “Active”.?????“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See??for the designated entity for establishing unique entity identifiers.??????(b)?(1)An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.???????????(2)?The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.??????(c)If the Offeror does not have a unique entity identifier, it should contact the entity designated at??for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:???????????(1)?Company legal business name.???????????(2)?Tradestyle, doing business, or other name by which your entity is commonly recognized.???????????(3)?Company physical street address, city, state, and Zip Code.t???????????(4)?Company mailing address, city, state and Zip Code (if separate from physical).???????????(5)?Company telephone number.???????????(6)?Date the company was started.???????????(7)?Number of employees at your location.???????????(8)?Chief executive officer/key manager.???????????(9)?Line of business (industry).???????????(10)?Company headquarters name and address (reporting relationship within your entity).??????(d)?Processing t ime should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See? information on registration.(End of provision)K.10. FAR 52.204-16? Commercial and Government Entity Code Reporting (JUL 2016)??????(a)?Definition.?As used in this provision –?????“Commercial and Government Entity (CAGE) code” means–???????????(1)An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or???????????(2)An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.??????(b)?The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.??????(c)?CAGE codes may be obtained via–???????????(1)?Registration in the System for Award Management (SAM) at?. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).???????????(2)?The DLA Contractor and Government Entity (CAGE) Branch.?If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at?.???????????(3)?The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at? the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at?.??????(d)?Additional guidance for establishing and maintaining CAGE codes is available at?.??????(e)?When a CAGE Code is required for the immediate owner and/or the highest-level owner by?52.204-17?or?52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.Do not delay submission of the offer pending receipt of a CAGE code.(End of provision)K.11. FAR 52.204-17 Ownership or Control of Offeror (JUL 2016) (a) Definitions. As used in this provision–“Commercial and Government Entity (CAGE) code” means–(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.“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.(b) 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 (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:Immediate owner CAGE code: Click here to enter text.Immediate owner legal name: Click here to enter text.(Do not use a “doing business as” name)Is the immediate owner owned or controlled by another entity?: ? Yes or ? No.(d) If the Offeror indicates “yes” in paragraph (c) 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: Click here to enter text.Highest-level owner legal name: Click here to enter text.(Do not use a “doing business as” name)(End of provision)K.12. FAR 52.204-20?Predecessor of Offeror (JUL 2016) (a) Definitions. As used in this provision–“Commercial and Government Entity (CAGE) code” means–(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.“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.(b) 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.(c) If the Offeror has indicated “is” in paragraph (b) 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: Click here to enter text. (or mark “Unknown”)Predecessor legal name: Click here to enter text.(Do not use a “doing business as” name)(End of provision)K.13. FAR 52.204-24?Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019)The Offeror shall not complete the representation in 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 the provision at?52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at?52.212-3, Offeror Representations and Certifications-Commercial Items.??????(a)?Definitions.?As used in this provision—??????“Covered telecommunications equipment or services”, “critical technology”, and “substantial or?essential component” have the meanings provided in clause?52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.??????(b)?Prohibition. 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. Contractors are not prohibited from providing—???????????(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or???????????(2)?Telecommunications equipment that cannot route or redirect user data traffic or 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) () for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.??????(d)?Representation.?The Offeror represents that 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.??????(e)?Disclosures.?If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—???????????(1)?A description of all?covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);???????????(2)?Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;???????????(3)?For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and???????????(4)?For equipment, 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).(End of provision)K.14. FAR 52.204-26? Covered Telecommunications Equipment or Services-Representation (DEC 2019)??????(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.Procedures.?The Offeror shall review the list of excluded parties in the System for Award Management (SAM) () 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.(End of provision)K.15. FAR 52.209-2?Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015) (a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).(b) 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.(c) Representation. The Offeror represents that—It ? is, ? is not an inverted domestic corporation; and(2) It ? is, ? is not a subsidiary of an inverted domestic corporation.(End of provision)K.16. FAR 52.209-5?Certification Regarding Responsibility Matters (OCT 2015)(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—(i) The Offeror and/or any of its Principals—(A) Are ? are not ? presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see?52.209-7, if included in this solicitation);(C) Are ? are not ? presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;(D) Have ?, have not ?, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.(1) Federal taxes are considered delinquent if both of the following criteria apply:(i) 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.(ii) 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.(2) Examples.(i) 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.(ii) 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.(iii) 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.(iv) 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).(ii) The Offeror has???has not??, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.(End of provision)K.17. FAR 52.209-7? Information Regarding Responsibility Matters (OCT 2018)??????(a)?Definitions. As used in this provision—?????“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.?????“Federal contracts and grants with total value greater than $10,000,000” means—???????????(1)?The total value of all current, active contracts and grants, including all priced options; and???????????(2)?The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).??????????“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).??????(b)?The offeror ???has?? does not have, current active Federal contracts and grants with total value greater than $10,000,000.??????(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:???????????(1)?Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:????????????????(i)In a criminal proceeding, a conviction.????????????????(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.????????????????(iii)In an administrative proceeding, a finding of fault and liability that results in–?????????????????????(A)?The payment of a monetary fine or penalty of $5,000 or more; or?????????????????????(B)?The payment of a reimbursement, restitution, or damages in excess of $100,000.????????????????(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.???????????(2)If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.??????(d)?The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via ?(see?52.204-7).(End of provision)K.18. FAR 52.209-11?Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) (a) 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—(1) 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(2) 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.(b) The Offeror represents that—(1) 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(2) It is ? is not ? a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(End of provision)K.19FAR 52.209-13?Violation of Arms Control Treaties or Agreements-Certification (JUN 2018)??????(a)?This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR?2.101.??????(b)?Certification. [Offeror shall check either (1) or (2).]????????????? (1)?The Offeror certifies that–????????????????(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at?; and????????????????(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the Internet at?; or????????????? (2)?The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.??????(c)?Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.???????????(1)?Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.???????????(2)If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:????????????????(i)An inability to certify compliance.????????????????(ii)An inability to conclude compliance.????????????????(iii)A statement about compliance concerns.???????????(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.???????????(4)?The Offeror may submit any questions with regard to this report by email to?NDAA1290Cert@. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.??????(d) Do not submit an offer unless—???????????(1)A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or???????????(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has????????????????(i)?Waived application under?22 U.S.C. 2593e(d) or (e); or????????????????(ii)?Determined under?22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under?22 U.S.C. 2593e(b).??????(e)?Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.(End of provision)K.20. FAR 52.222-22?Previous Contracts and Compliance Reports (FEB 1999)The offeror represents that— It ? has, ?? has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It ? has, ? has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) K.21.FAR 52.222-25?Affirmative Action Compliance (APR 1984)The offeror represents that— It ? has developed and has on file, ? has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41?CFR 60-1 and 60-2); or (b) It ? has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (End of provision) K.22.FAR 52.222-38 Compliance with Veterans’ Employment Reporting Requirements (FEB 2016)By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of?38 U.S.C. 4212(d)?(i.e., if it has any contract containing Federal Acquisition Regulation clause52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212A Report required by that clause. (End of provision)K.23. FAR 52.222-48?Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (MAY 2014)??????(a)?The offeror shall check the following certification:?????Certification?????The offeror ? does, ? does not?certify that-???????????(1)?The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;???????????(2)?The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.????????????????(i)An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.????????????????(ii)An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and???????????(3)?The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.??????(b)?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. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR?22.1003-4(c)(3) that the Service Contract Labor Standards statute-???????????(1)?Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or???????????(2)?Will apply to this offeror, then the clause at?52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.??????(c)If the offeror does not certify to the conditions in paragraph (a) of this provision-???????????(1)?The clause in this solicitation at?52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and???????????(2)?The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.??????(d)?The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.(End of provision)K.24. FAR 52.222-52?Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (MAY 2014)The offeror shall check the following certification:?????Certification?????The offeror ? does, ? does not?certify that-???????????(1)?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;???????????(2)?The contract services are furnished at prices that are, or are based on, established catalog or market prices. An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An “established market price” is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror;???????????(3)?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???????????(4)?The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers.??????(b)?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. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR?22.1003-4(d)(3) that the Service Contract Labor Standards statute-???????????(1)?Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or???????????(2)?Will apply to this offeror, then the clause at FAR?52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis.??????(c)If the offeror does not certify to the conditions in paragraph (a) of this provision-???????????(1)?The clause of this solicitation at?52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements, will not be included in any resultant contract to this offeror; and???????????(2)?The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.??????(d)?The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.(End of provision)K.25. FAR 52.222-56?Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015)??????(a)?The term “commercially available off-the-shelf (COTS) item,” is defined in the clause of this solicitation entitled “Combating Trafficking in Persons” (FAR clause?52.222-50).??????(b)?The apparent successful Offeror shall submit, prior to award, a certification, as specified in paragraph (c) of this provision, for the portion (if any) of the contract that-Is for supplies, other than commercially available off-the-shelf items, to be acquired outside the United States, or services to be performed outside the United States; and???????????(2)?Has an estimated value that exceeds $500,000.??????(c)?The certification shall state that-It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of the clause at?52.222-50, Combating Trafficking in Persons, and to monitor, detect, and terminate the contract with a subcontractor engaging in prohibited activities identified at paragraph (b) of the clause at?52.222-50, Combating Trafficking in Persons; and???????????(2)?After having conducted due diligence, either-To the best of the Offeror’s knowledge and belief, neither it nor any of its proposed agents, subcontractors, or their agents is engaged in any such activities; orIf abuses relating to any of the prohibited activities identified in?52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions.(End of provision)K.26. FAR 52.223-1?Biobased Product Certification (MAY 2012)As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (?7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.(End of provision)K.27. FAR 52.223-22?Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (DEC 2016)??????(a)?This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.??????(b)?Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).]???????????(1)?The Offeror (itself or through its immediate owner or highest-level owner) ? does, ? does not?publicly disclose greenhouse gas emissions,?i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.???????????(2)?The Offeror (itself or through its immediate owner or highest-level owner) ? does, ? does not? publicly disclose a quantitative greenhouse gas emissions reduction goal,?i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.???????????(3) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program.??????(c) If the Offeror checked “does” in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported: Click here to enter website, if applicable (End of provision)K.28. FAR 52.225-7?Waiver of Buy American Statute for Civil Aircraft and Related Articles (FEB 2016)??????(a)?Definition. “Civil aircraft and related articles,” as used in this provision, means-???????????(1)?All aircraft other than aircraft to be purchased for use by the Department of Defense or the U.S. Coast Guard;???????????(2)?The engines (and parts and components for incorporation into the engines) of these aircraft;???????????(3)?Any other parts, components, and subassemblies for incorporation into the aircraft; and???????????(4)?Any ground flight simulators, and parts and components of these simulators, for use with respect to the aircraft, whether to be used as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of the aircraft, and without regard to whether the aircraft or articles receive duty-free treatment under section 601(a)(2) of the Trade Agreements Act.??????(b)?The U.S. Trade Representative has waived the Buy American statute for acquisitions of civil aircraft and related articles from countries that are parties to the Agreement on Trade in Civil Aircraft. Those countries are Albania, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Macao China, Malta, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan (Chinese Taipei), and the United Kingdom.??????(c)?For the purpose of this waiver, an article is a product of a country only if-It is wholly the growth, product, or manufacture of that country; or???????????(2) In the case of an article that consists in whole or in part of materials from another country, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.??????(d)?The waiver is subject to modification or withdrawal by the U.S. Trade Representative.(End of provision)K.29. FAR 52.225-20?Prohibition on Conducting Restricted Business Operations in Sudan-Certification (AUG 2009) (a) Definitions. As used in this provision— “Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. “Marginalized populations of Sudan” means— (1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and (2) Marginalized areas in Northern Sudan described in section 4(9) of such Act. “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. (b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (End of provision) K.30. FAR 52.225-25?Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (AUG 2018)??????(a)?Definitions. As used in this provision-?????“Person”-???????????(1)?Means-????????????????(i)A natural person;????????????????(ii)A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and????????????????(iii)?Any successor to any entity described in paragraph (1)(ii) of this definition; and???????????(2)?Does not include a government or governmental entity that is not operating as a business enterprise.?????“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)).??????(b)?The offeror shall e-mail questions concerning sensitive technology to the Department of State at?CISADA106@.??????(c)?Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with?25.703-4, by submission of its offer, the offeror-???????????(1)?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;???????????(2)?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. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies; and???????????(3)?Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at?).??????(d)?Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if-???????????(1)?This solicitation includes a trade agreements notice or certification (e.g.,?52.225-4,?52.225-6,?52.225-12,?52.225-24, or comparable agency provision); and???????????(2)?The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.(End of provision)K.31. FAR 52.230-1?Cost Accounting Standards Notices and Certification (OCT 2015)Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.If the offeror is an educational institution, PartII does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.I. Disclosure Statement-Cost Accounting Practices and Certification??????(a)?Any contract in excess of $750,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.??????(b)?Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of PartI of this provision.?????Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.??????(c)?Check the appropriate box below:???????????(1) ? Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:????????????????(i)?Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and????????????????(ii)?One copy to the cognizant Federal auditor.???????????????(Disclosure must be on FormNo.CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)????????Date of Disclosure Statement: Click here to enter text. Name and Address of Cognizant ACO or Federal Official Where Filed: Click here to enter text. ???????????????The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.???????????(2) ? Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:Date of Disclosure Statement: Click here to enter text. Name and Address of Cognizant ACO or Federal Official Where Filed: Click here to enter text. ??????????The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.???????????(3) ??Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.???????????(4) ??Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii)in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under paragraph (c)(1) or (c)(2) of PartI of this provision, as appropriate, to verify submission of a completed Disclosure Statement.???????????Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.??????????II. Cost Accounting Standards-Eligibility for Modified Contract Coverage??????????If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.???????????? The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.???????????Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.??????????III. Additional Cost Accounting Standards Applicable to Existing Contracts??????????The offeror shall indicate below whether award of the contemplated contract would, in accordance with paragraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.? Yes? No(End of provision)K.32. FAR 52.230-7?Proposal Disclosure-Cost Accounting Practice Changes (APR 2005)The offeror shall check “yes” below if the contract award will result in a required or unilateral change in cost accounting practice, including unilateral changes requested to be desirable changes.? Yes? NoIf the offeror checked “Yes” above, the offeror shall-???????????(1)?Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and???????????(2)?Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal.(End of provision)K.33. FAR 52.237-8?Restriction on Severance Payments to Foreign Nationals (AUG 2003)??????(a)?The Federal Acquisition Regulation (FAR), at?31.205-6(g)(6), limits the cost allowability of severance payments to foreign nationals employed under a service contract performed outside the United States unless the agency grants a waiver pursuant to FAR?37.113-1?before contract award.??????(b)In making the determination concerning the granting of a waiver, the agency will determine that-???????????(1)?The application of the severance pay limitations to the contract would adversely affect the continuation of a program, project, or activity that provides significant support services for-????????????????(i)?Members of the armed forces stationed or deployed outside the United States; or????????????????(ii)?Employees of an executive agency posted outside the United States;???????????(2)?The Contractor has taken (or has established plans to take) appropriate actions within its control to minimize the amount and number of incidents of the payment of severance pay to employees under the contract who are foreign nationals; and???????????(3)?The payment of severance pay is necessary in order to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract, or is necessary to comply with a collective bargaining agreement.(End of provision)K.34. DFARS 252.203-7005??Representation Relating to Compensation of Former DoD Officials (NOV 2011) ??????(a)??Definition.??“Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.??????(b)??By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.(End of provision)K.35. DFARS 252.204-7008??Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)??????(a)??Definitions. As used in this provision—“Controlled technical information,” “covered contractor information system,” “covered?defense information,” “cyber incident,” “information system,” and “technical information” are defined in clause252.204-7012, Safeguarding Covered Defense?Information and Cyber Incident Reporting.??????(b)??The security requirements required by contract clause252.204-7012, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.???????(c)??For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see?252.204-7012(b)(2)—(1)??By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see ) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.?(2)(i)??If the Offeror proposes to vary from any of the security requirements?specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or?as authorized by the Contracting Officer, the Offeror shall submit to the Contracting?Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—??????(A)??Why a particular security requirement is not applicable; or?????(B)??How an alternative but equally effective, security measure is used to?compensate for the inability to satisfy a particular requirement and achieve equivalent protection.???????????????(ii)??An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the?resulting contract.(End of provision)K.36. DFARS 252.204-7016??Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)??????(a)??Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause252.204-7018, 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) () for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.??????(c)??Representation. The Offeror represents that it ? does ? does not 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)K.37. DFARS 252. 204-7017?Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)??????The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”??????(a)??Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the252.204-7018clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.??????(b)??Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.??????(c)??Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.??????(d)??Representation. If in its annual representations and certifications?in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:?The Offeror represents that it ? will ? will not will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.???????(e)??Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:???????????????(1)??A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).???????????????(2)??An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.???????????????(3)??For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).???????????????(4)??For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).?(End of provision)K.38. DFARS 252.209-7002??Disclosure of Ownership or Control by a Foreign Government (JUN 2010)??????(a)??Definitions.??As used in this provision—??????????????(1)??“Effectively owned or controlled” means that?a foreign government or any entity controlled by a foreign government has the?power, either directly or indirectly, whether exercised or exercisable, to?control the election, appointment, or tenure of the Offeror’s officers or a?majority of the Offeror’s board of directors by any means, e.g., ownership,?contract, or operation of law (or equivalent power for unincorporated organizations).??????????????(2)??“Entity controlled by a foreign government”—?????(i)??Means—?????????????(A)??Any domestic or foreign organization or?corporation that is effectively owned or controlled by a foreign government;?or?????????????(B)??Any individual acting on behalf of a foreign?government.?????(ii)??Does not include an organization or?corporation that is owned, but is not controlled, either directly or?indirectly, by a foreign government if the ownership of that organization or?corporation by that foreign government was effective before October 23, 1992.??????????????(3)??“Foreign government” includes the state and?the government of any country (other than the??United States?and its outlying?areas) as well as any political subdivision, agency, or instrumentality?thereof.??????????????(4)??“Proscribed information” means—?????(i)??Top Secret information;?????(ii)??Communications security (COMSEC) material, excluding controlled?cryptographic items when unkeyed or utilized with unclassified keys;??????(iii)??Restricted Data as defined in the U.S. Atomic?Energy Act of 1954, as amended;?????(iv)??Special Access Program (SAP) information; or?????(v)??Sensitive Compartmented Information (SCI).??????(b)??Prohibition?on award.??No contract under a?national security program may be awarded to an entity controlled by a foreign?government if that entity requires access to proscribed information to perform?the contract, unless the Secretary of Defense or a designee has waived?application of 10 U.S.C. 2536(a).??????(c)??Disclosure.??The Offeror shall disclose any interest a?foreign government has in the Offeror when that interest constitutes control by?a foreign government as defined in this provision.??If the Offeror is a subsidiary, it shall also?disclose any reportable interest a foreign government has in any entity that owns?or controls the subsidiary, including reportable interest concerning the?Offeror’s immediate parent, intermediate parents, and the ultimate parent.??Use separate paper as needed, and provide the?information in the following format:?Offeror’s Point of Contact for Questions about Disclosure(Name and Phone Number with Country Code, City Codeand Area Code, as applicable)?Click here to enter text.?Name and Address of OfferorClick here to enter text.?Name and Address of Entity Controlled by a Foreign GovernmentClick here to enter text.?Description of Interest, Ownership Percentage, and Identification of??Foreign Government?Click here to enter text.?(End of provision)K.39. DFARS 252.215-7013? Supplies and Services Provided by Nontraditional Defense Contractors (JAN 2018)Offerors are advised that in accordance with 10 U.S.C. 2380a, supplies and services provided by a nontraditional defense contractor, as defined in DFARS 212.001, may be treated as commercial items. The decision to apply commercial item procedures to the procurement of supplies and services from a nontraditional defense contractor does not require a commercial item determination and does not mean the supplies or services are commercial.?(End of provision)K.40. DFARS 252.219-7000?Advancing Small Business Growth (SEP 2016)??????(a)??This provision implements 10 U.S.C. 2419.??????(b)??The Offeror acknowledges by submission of its offer that by acceptance of the contract resulting from this solicitation, the Offeror may exceed the applicable small business size standard of the North American Industry Classification System (NAICS) code assigned to the contract and would no longer qualify as a small business concern for that NAICS code. (Small business size standards matched to industry NAICS codes are published by the Small Business Administration and are available at .) The Offeror is therefore encouraged to develop the capabilities and characteristics typically desired in contractors that are competitive as other-than-small contractors in this industry.???????(c)??For procurement technical assistance, the Offeror may contact the nearest Procurement Technical Assistance Center (PTAC). PTAC locations are available at?.?(End of provision)K.41. DFARS 252.239-7017??Notice of Supply Chain Risk (FEB 2019)??????(a)??Definitions.??“Supply chain risk,” as used in this provision, means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system (10 U.S.C. 2339a).???????(b)??In order to manage supply chain risk, the Government may use the authorities provided by section 10 U.S.C. 2339a. In exercising these authorities, the Government may consider information, public and non-public, including all-source intelligence, relating to an offeror and its supply chain.??????(c)??If the Government exercises the authority provided in 10 U.S.C. 2339a to limit disclosure of information, no action undertaken by the Government under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court.?(End of provision)K.42.AUTHORIZED SIGNATUREBy signing below, the Offeror acknowledges that the falsification of any acknowledgements herein may subject the Offeror to civil or criminal prosecution under Section?1001 of Title?18 of the United States Code.An authorized company representative with authority to commit to the provisions herein must enter Name, Signature, Title, and Date below.Name:Click here to enter text.______________________________________________SignatureTitle:Click here to enter text.Date:Click here to enter text.(END OF SECTION K) ................
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