1_13_3_RFQ_20231010.pdf

U.S. Citizenship and Immigration Services (USCIS)

Nebraska Service Center (NSC)

Freight Shipping Services

Request for Quote: 70SBUR24Q00000002

PART I – REQUEST FOR QUOTE

(1) ACTION CODE:

N/A

(2) DATE:

See PART II – ATTACHMENT B – STATEMENT OF WORK (SOW) for the total estimated Period of Performance (PoP).

(3) YEAR:

This is a Fiscal Year (FY) 2024 Requirement.

(4) CONTRACTING OFFICE ZIP CODE:

05403

(5) PRODUCT OR SERVICE (PSC) CODE:

V112 – Motor Freight

(6) CONTRACTING OFFICE ADDRESS:

124 Leroy Road Williston, VT 05495

(7) SUBJECT:

Freight Shipping Services for the Nebraska Service Center (NSC).

(8) PROPOSED SOLICITATION NUMBER:

70SBUR24Q00000002

(9) CLOSING RESPONSE DATE:

10/13/2023 @ 4:00 PM Eastern Time (ET)

(10) CONTRACT POINT OR CONTRACTING OFFICER:

PRIMARY:

Charles W. Brown Contract Specialist USCIS, Office of Contracting Charles.W.Brown@uscis.dhs.gov | (802) 872-4129

SECONDARY:

Felicia R. London Contracting Officer USCIS, Office of Contracting Felicia.R.London@uscis.dhs.gov | (802) 872-4641

(11) CONTRACT AWARD AND SOLICITATION NUMBER:

AWARD NUMBER: N/A

SOLICITATION NUMBER: 70SBUR24Q00000002

(12) CONTRACT AWARD DOLLAR AMOUNT:

(13) LINE-ITEM NUMBER:

See (v) below.

(14) CONTRACT AWARD DATE:

(15) CONTRACTOR:

(16) DESCRIPTION:

i. This is a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

ii. Solicitation number 70SBUR24Q00000002 is issued as a Request for Quote (RFQ).

iii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

iv. This solicitation is an open market, competitive small business set-aside and the associated NAICS code is 484121, General Freight Trucking, Long-Distance, Truckload, which has a small business size standard of $30.00 million.

The associated PSC Code is V112 – Motor Freight.

v. See PART II – ATTACHMENT A – SCHEDULE OF SERVICES – PRICING spreadsheet for a list of line-item number(s) and items, quantities, and units of measure. Quoter shall fill this attachment out and submit it with its quote.

vi. U.S. Citizenship and Immigration Services (USCIS) provides a requirement for the shipment of files from the NSC to the National Records Center (NRC) & Remote Maintenance File Facility (HBG). See the attachments for a description of requirements for the services to be acquired and all other details.

vii. Please see PART II – ATTACHMENT B – STATEMENT OF WORK below for the total estimated PoP and more information. Delivery and acceptance of deliverables shall be in accordance with the SOW.

viii. The FAR provision 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition as does the addendum to the provision as shown below.

ix. The FAR provision 52.212-2 applies to this acquisition with the evaluation factors consisting of price and technical acceptability. The award decision shall be based off the lowest price technically acceptable source selection process.

x. Quoters shall include a completed copy of the FAR provision(s) –

1. 52.212-3, Offeror Representations and Certifications—Commercial Items (if not currently registered in System for Award Management (SAM));

2. 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment;

3. 52.204-26, Covered Telecommunications Equipment or Services—Representation;

4. 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation; and

5. 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, with its quote.

xi. The FAR clause 52.212-4, Contract Terms and Conditions Commercial Items, applies to this acquisition.

xii. The FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items, applies to this acquisition. Additional FAR clauses cited in this clause are applicable to the acquisition and can be found attached. Additional contract requirements or terms and conditions necessary for this acquisition and consistent with customary commercial practices shall be found in the contract clauses attached.

xiii. There are no additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) necessary for this acquisition.

xiv. No Defense Priorities and Allocations System rating will be assigned to this solicitation or resulting contract.

xv. Please see section 9 above for the date and time quotes are due.

xvi. To be considered for award, please provide a complete quote as a part of your submission by email to the points of contact shown in section 10 above.

(17) PLACE OF CONTRACT PERFORMANCE:

See PART II – ATTACHMENT B – STATEMENT OF WORK for the place(s) of contract performance.

(18) SET-ASIDE STATUS:

This acquisition has a set-aside of 100% for Small Business.

70SBUR24Q00000002

TABLE OF CONTENTS

PART II – DOCUMENTS, EXHIBITS & ATTACHMENTS

ATTACHMENT A – SCHEDULE OF SERVICES – PRICING

ATTACHMENT B – STATEMENT OF WORK

ATTACHMENT C – SCA WAGE DETERMINATIONS – NSC

ATTACHMENT D – SCA WAGE DETERMINATIONS – NRC

ATTACHMENT E – SCA WAGE DETERMINATIONS – HBG

PART III – PURCHASE ORDER CLAUSES

ATTACHMENT F – SECURITY REQUIREMENTS | SECURITY REQUIREMENT 3

PART IV – SOLICITATION PROVISIONS, INSTRUCTIONS & EVALUATIONS

ATTACHMENT G – TECHNICAL ACCEPTABILITY CHECKLIST

ATTACHMENT A – SCHEDULE OF SERVICES – PRICING

Price Quotes shall be submitted using the attached Excel Spreadsheet – PART II – ATTACHMENT A – SCHEDULE OF

SERVICES – PRICING.

PART II – DOCUMENTS, EXHIBITS & ATTACHMENTS – ATTACHMENT B

STATEMENT OF WORK

Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS)

Nebraska Service Center (NSC) National Record Center (NRC)

Remote Maintenance File Facility (HBG)

1. TITLE PROJECT:

The DHS, USCIS, NSC, located in Lincoln, Nebraska (NE) support the USCIS mission by providing accurate and useful information to our customer, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.

To support this mission, the NSC has a need for regularly scheduled shipments of palletized boxes of

Sensitive Files including Non-Classified A-Files from the NSC to be delivered to the NRC and HBG.

2. PROJECT BACKGROUND:

The NSC requires scheduled pick-ups of pre-wrapped pallets of non-classified Receipt files and A-files from the Service Centers for transport to NRC in Lee’s Summit, Missouri (MO), and the HBG in

Harrisonburg, Virginia (VA) where they will be stored.

In the twelve (12) month base period, there’s a potential for twelve (12) total shipments to the NRC and five (5) total shipments to the HBG. Furthermore, in the optional period 1 and 2, there’s a potential for twelve (12) total shipments to the NRC and five (5) total shipments to the HBG for each optional period, for a potential grand total of fifty-one (51) shipments.

3. PERIOD OF PERFORMANCE (PoP):

This requirement consists of a base period of performance and two (2) optional period of performance, each being twelve (12) months in length, for a total period of performance of thirty-six (36) months. Please see below for more information.

Base PoP: 12 Months 11/01/2023 – 10/31/2024 Optional Period #1 PoP: 12 Months 11/01/2024 – 10/31/2025 Optional Period #2 PoP: 12 Months 11/01/2025 – 10/31/2026

Total Estimated PoP: 36 Months 11/01/2023 – 10/31/2026

4. PLACE (S) OF PERFORMANCE:

PRIMARY Pick-up (Shipment) Location:

Nebraska Service Center (NSC) Denney Federal Building, Loading Dock

100 Centennial Mall North Lincoln, NE 68508

ALTERNATE Pick-up (Shipment) Locations:

a. 850 S Street

Lincoln, NE 68508

b. 1301 West Highland Blvd Lincoln, NE 68521

Delivery Location (s):

1. National Record Center (NRC)

150 Space Center Loop Lee’s Summit, MO 64064

Delivery Point of Contact (POC): Heidi Bond

Phone: (816) 527-3367

Deliveries accepted at the NRC from 8:00 AM – 4:00 PM CT with the last delivery accepted NLT 2:00 PM CT. Inside Delivery Required.

2. Remote File Maintenance Facility (HBG)

1344 Pleasants Drive Harrisonburg, VA 22801

Delivery POC: Samuel (Sam) Kesterson

Phone: (540) 438-5167

Deliveries accepted at The HGB from 8:00 AM – 5:00 PM Eastern Time (ET) with the last delivery accepted NLT 4:00 PM ET. Inside Delivery Required.

5. TECHNICAL POINT OF CONTACT (TPOC):

Thi A. Luong 850 S Street Lincoln, NE 68508 Phone: (402) 219-6079 Email: Thi.A.Luong@uscis.dhs.gov

6. SERVICE REQUIREMENTS:

The contractor shall arrive no later than the times specified in Sections 6.1 and 6.2 of the Statement of Work (SOW) at the NSC on the scheduled date in accordance with PART II- ATTACHMENT B- SHIPPING SCHEDULE, to transport the pallets. The contractor must notify the TPOC of any change or delay in arrival at least four (4) hours in advance or as soon as possible in the event of a delay (i.e. vehicle breaks down, unable to show up for pick up). Any deviations from the schedule or arrival time shall be coordinated with the TPOC.

Pallets will be filled and shrink-wrapped by the NSC Staff prior to the arrival of the shipping contractor. The pallets will be staged at the dock area for pick-up. The shipment shall be picked up at the Primary Pick-Up Location. In the event the shipment is to be picked up at one of the Alternate Pick-Up Locations, the NSC will provide the contractor with up to three

(3) business days advanced noticed of pickup location.

USCIS File Operations Supervisor will be present to ensure the content of the files in the filled/shrink-wrapped pallets are loaded by the shipping contractor and all pallets are accounted for. The contractor is required to have a high security cable seal or bolt seal to secure the trailer door at the time of pickup.

Upon arrival, the contractor shall single load the pallets into the enclosed shipping container (dry van trailer) at the dock of the Primary or Alternate Pick-Up Locations. The driver shall only load the pallets as packaged and shall not manipulate the load in any way; this includes restacking the pallets, doubling the load or stacking the pallets on top of one another in the trailer. The driver shall not attempt to load more pallets than will fit into the trailer. Extra pallets shall be transported at another time. The driver shall transport the pallets exactly as they were loaded onto the vehicle at the NSC and unload in the same manner at the Delivery Location's dock.

USCIS safety regulations prohibit Government personnel from entering the trailer or loading the pallets onto and off of the truck. The contractor shall load and unload the pallets without Government employee assistance.

The loading dock at the Primary Pick-Up Location has an incline of 5.7%. The shipping contractor will unload the pallets at the Delivery Location’s dock. All locations involved (pick-up and delivery) have dock facilities for loading and unloading and normal dock height. All locations can provide the truck driver with a pallet jack to load and unload the shipment. NSC will provide the contractor with an electric pallet jack at time of pickup. The HBG provides a manual pallet jack. The NRC provides a walk-behind electric jack. The contractor is to use the electric pallet jack or other equipment at their own risk and liability. Any injury or liability shall fall with the contractor and not with USCIS.

The contractor shall provide a dedicated truck with an enclosed container (dry van trailer), which shall transport NSC pallets only, regardless of quantity, to destination. The shipment of pallets, including as few as one (1), shall be considered a Full Truck Load (FTL). The driver shall not mix loads to transport contents from other businesses, individuals, or Government agencies with the NSC pallets.

The driver shall not create compartments inside the container with intent to transport items from other entities.

The number of pallets may vary, including as few as one (1) pallet with up to twenty-four

(24) pallets shipped to the NRC and HBG. Contents of the pallets includes cardboard file storage containing unclassified but sensitive A-File and/or receipt files. Pallets will be loaded with up to forty-five (45) boxes per pallet. Each box weight approximately thirty-two (32) pounds (lbs.). A full pallet will measure approximately 48” x 40” and weighs approximately 1,440 lbs.

Once the pallets are loaded onto the truck, the driver shall seal the container doors with a contractor-furnished seal. The seal shall be either a high security cable seal or bolt seal and must have an identification number which will be recorded on the Bill of Lading (BOL) at the time that the container is secured. The same type of seal shall be used for all locations. The seal serial number used for the shipment shall be written on the BOL and provide a copy of the signed BOL to NSC personnel at the pick-up location prior to departure. The cargo, once loaded and sealed into the container (dry van trailer), shall not be accessed or rearranged unless in the presence of a Government employee.

Neither the driver nor any other person shall tamper with, break, or replace the seal until arrival at destination. Should it become necessary to tamper with, break, or remove the seal due to unexpected circumstances, such as law enforcement requirement or weigh station inspections, etc., the contractor shall notify the TPOC immediately to report the reason for such actions. In addition, the contractor shall replace the seal with a new one and provide the TPOC with the replacement seal ID number. If the TPOC is not available, the contractor shall leave a voicemail message and send an e-mail explaining the situation. In any such case, the contractor shall provide copies of all written documentation (if it exists) regarding the incident to the TPOC.

The contractor shall be able to provide real-time updates on the status of the shipment(s).

After each delivery, the contractor will e-mail the TPOC a delivery confirmation statement to include the BOL number or ID and the date the pallets were delivered to the destination. In lieu of a written statement, the contractor may email a revised BOL with the delivery information.

In the event the truck is need of repairs or unable to operate for any reason (i.e. being repaired) at the time of shipment, the contractor shall secure another vehicle to ensure timely delivery in accordance with PART II-ATTACHMENT B-SHIPPING SCHEDULE.

The contractor is required to report any lost, damaged, misplaced or destroyed file pallets to the

TPOC as soon as the incident occurs. The contractor shall be financially responsible for the lost, damaged, misplaced or destroyed pallets if it’s determined to be caused by the contractor to include credit monitoring services, if required.

For all pick-ups or deliveries that fall on a Federal holiday, the contractor shall pick-up the shipment(s) on the following business day.

6.1. NRC SHIPMENT PICK-UP/DELIVERY REQUIREMENT:

The contractor shall, without deviation, arrive no later than 10:00 AM CT at the NSC on the scheduled date, as listed in PART II-ATTACHMENT B-SHIPPING SCHEDULE, to transport the pallets to the NRC.

The contractor shall, without deviation, deliver the pallets to NRC on the same day as pick up. The truck shall arrive at the NRC between the accepted delivery hours at the NRC, which are from 8:00 AM-4:00 PM CT before the last delivery accepted NLT 2:00 PM CT. Inside delivery is required. The contractor shall notify the TPOC via email/phone of the date and time the pallets were delivered to the destination. In the event of a known delay in delivery, the contractor shall immediately notify the TPOC to allow coordination with the NRC.

6.2. HBG SHIPMENT PICK-UP/DELIVERY REQUIREMENT:

The contractor shall, without deviation, arrive no later than 12:00 PM CT at the NSC on the scheduled date, as listed in PART II-ATTACHMENT B-SHIPPING SCHEDULE, to transport the pallets to the HBG.

The contractor shall, without deviation, deliver the pallets to HBG within three (3) business days of pick up. The truck shall arrive at the HBG between the accepted delivery hours at the HBG, which are from 8:00 AM-5:00 PM ET, with the last delivery accepted NLT 4:00 PM ET. Inside delivery is required. The contractor shall notify the TPOC via email/phone of the date and time the pallets were delivered to the destination. In the event of a known delay in delivery, the contractor shall immediately notify the TPOC to allow coordination with the HBG.

6.3. BILL OF LADING (BOL)

The shipping contractor shall provide a BOL to be given to the TPOC within two (2) business days prior to the scheduled pick-up date. The BOL shall be delivered to the TPOC via e-mail. The driver shall provide the NSC personnel the BOL at the time of pick-up.

The BOL shall include:

a. BOL number

b. Contract number

c. Scheduled shipment date

d. Contractor carrier name & address

e. Trailer number

f. Trailer plate number

g. Shipper Address

h. Consignee Address

i. Shipper: full name, signature & date

j. Carrier: driver full name, signature & date

k. Receiver: full name, signature & date

After each delivery, the contractor shall email the TPOC a copy of the BOL signed by the receiving site.

The contractor’s BOL shall become property of the Government to be kept with the contract. The shipping contractor shall also furnish the National Traffic Service with a copy of the BOL.

6.4. DELAY & CANCELLATION:

In the event of a delivery delay of one (1) day or more, even though it may fall within the allotted delivery time frame, the contractor shall immediately notify the TPOC via email or by phone.

Should cancellation of a scheduled delivery occur, the NSC shall inform the contractor within five (5) business days in advance of shipment pick-up or as soon as possible.

In the event the contractor fails to deliver shipments within the required timeframe, the following monetary deductions shall apply:

1st delay pick-up/drop-off: Waived, no charge.

2nd delay pickup/drop-off: Waived, no charge.

3rd delay pickup/drop-off: Waived, no charge.

4th delay pickup/drop-off: Reimburse 5% of shipment cost.

5th delay pickup/drop-off: Reimburse 7% of shipment cost.

Any delayed pickup/delivery after the fifth (5th) penalty shall be in an additional increment of 2% reimbursement per shipment.

7. CONTRACTOR ACCOUNTABILITY PROCESS:

NSC places manifests in each box and transfers them electronically to NRC and HBG. NRC and HBG personnel inspect the pallets of files upon delivery. If they find that files are missing or have been tampered with during transport, they contact the NSC Contractor & Performance Analysis Unit (CPAU). CPAU contacts the USCIS Office of Contracting (OCON). The Contracting Officer (CO) opens an investigation with the contractor. If the investigation finds that the contractor did not follow the procedures stated in this SOW and the written terms in the formal contract, the contractor will reimburse the Government for any cost associated with the compromised files.

8. SHIPMENT SCHEDULE: SEE PART II-ATTACHMENT B-SHIPPING SCHEDULE

The shipment schedule outlines the dates that the shipments shall be picked up from the NSC for transport to either the NRC or HBG. Shipment (pick-up) dates may be changed by agreement of the TPOC and contractor. Changes shall be noted on the shipment schedule and a copy provided to the TPOC, Contractor and to the OCON.

For all pick-ups or drop offs that fall on a Federal holiday, the contractor shall pick-up the shipment(s) on the following business day. Please see PART II-ATTACHMENT B-SHIPPING SCHEDULE for complete details.

OPTIONAL CONTRACT LINE ITEMS (CLINs)/SHIPMENTS

The NSC may have the requirement for shipments to the HBG in addition to the pick-up and transport frequency identified in PART II-ATTACHMENT B-SHIPPING SCHEDULE.

Optional CLIN Shipment(s) Schedule, if exercised in accordance with FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item, shall be provided by the Government to the contractor within fifteen (15) calendar days of first requested pick-up date and subsequently, made a part of the order at that time.

Base Period

CLIN NRC CLIN HBG

11/20/2023

0002 ‐ Optional

DATE TBD

12/18/2023 DATE TBD

1/22/2024 DATE TBD

2/20/2024 DATE TBD

3/18/2024 DATE TBD

4/15/2024

5/20/2024 6/17/2024 7/15/2024 8/19/2024 9/16/2024 10/21/2024

Option Period 2

11/17/2025

2002 ‐ Optional

DATE TBD

12/15/2025 DATE TBD

1/20/2026 DATE TBD

2/17/2026 DATE TBD

3/16/2026 DATE TBD

4/20/2026

5/18/2026 6/15/2026 7/20/2026 8/17/2026 9/21/2026 10/19/2026

Base Period of Performance (Pop) 11/01/2023 ‐ 10/31/2024

CLIN 0001 ‐ NSC TO NRC 12

CLIN 0002 ‐ NSC TO HBG 5

Option 1 Period of Performance (Pop) 11/01/2024 ‐ 10/31/2025

CLIN 1001 ‐ NSC TO NRC 12

CLIN 1002 ‐ NSC TO HBG 5

Option 2 Period of Performance (Pop) 11/01/2025 ‐ 10/31/2026

CLIN 2001 ‐ NSC TO NRC 12

CLIN 2002 ‐ NSC TO HBG 5

Total NSC to NRC (inclusive of options) 36 Total NSC to HBG (inclusive of options) 15 Total Potential Shipment 51

Option Period 1

11/18/2024

1002 ‐ Optional

DATE TBD

12/16/2024 DATE TBD

1/21/2025 DATE TBD

2/18/2025 DATE TBD

3/17/2025 DATE TBD

4/21/2025

5/19/2025 6/16/2025 7/21/2025 8/18/2025 9/15/2025 10/20/2025

ATTACHMENT(S) C, D, & E – SCA WAGE DETERMINATION(S)

ATTACHMENT C – SCA WAGE DETERMINATION – NSC

SCA Wage Determination Number 2015-5351 Rev 22, dated 07/20/2023, State: Nebraska, Area: Lancaster County is incorporated into this solicitation and resulting award.

ATTACHMENT D – SCA WAGE DETERMINATION – NRC

SCA Wage Determination Number 2015-5105 Rev 20, dated 07/13/2023, State: Missouri, Area: Jackson County is incorporated into this solicitation and resulting award.

ATTACHMENT E – SCA WAGE DETERMINATION – HBG

SCA Wage Determination Number 2015-4309 Rev 22, dated 06/29/2023, State: Virginia, Area: Harrisonburg County is incorporated into this solicitation and resulting award.

SCA Wage Determination(s) may be accessed at https://sam.gov/content/wage-determinations.

Request for a wage determination for another location shall be submitted in accordance with FAR Clause 52.222-49 – Service Contract Act—Place of Performance Unknown.

PART III – PURCHASE ORDER CLAUSES

FEDERAL ACQUSITION REGULATION (FAR) INCORPORATED BY REFERANCE (IBR)

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

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

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: http://www.acquisition.gov/far.

(End of clause)

FAR 52.202-1 DEFINITIONS (JUN 2020)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

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

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (DEC 2022)

FAR 52.232-1 PAYMENTS (APR 1984)

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

(End of IBR)

FAR CLAUSES IN FULL TEXT

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (DEVIATION 20-05) (APR 2020)

(a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing via email, to the Contracting Officer, Contracting Officer’s Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information contained in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable;

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05) (DEC 2020)

(a) Definitions. As used in this clause—

“Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

“Covered foreign country” means The People’s Republic of China.

“Covered telecommunications equipment or services” means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

“Critical technology” means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

“Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

“Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

“Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

“Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115– 232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115– 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors 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.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer’s Representative, and the Network Operations Security Center (NOSC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer’s Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable;

supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXCUTIVE

ORDERS—COMMERCIAL ITEMS (SEP 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

_X_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (14) [Reserved]

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

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

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

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

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

__ (18) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

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

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

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

_X_ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

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

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

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

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

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

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

__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

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

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

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

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

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (32) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

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

__ (ii) Alternate I (JUL 2014) of 52.222-36.

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

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

_X_ (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (37) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

13693).

__ (41)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

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

__ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

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

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

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

__ (49) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

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

__ (iv) Alternate II (JAN 2021) of 52.225-3.

__ (v) Alternate III (OCT 2022) of 52.225-3.

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

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

__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

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

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

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

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

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

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

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

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

EMPLOYEE CLASS: SERIES/GRADE/WAGES/FRINGE BENEFITS:

Motor Vehicle Operator WG-5703-08

Lincoln, NE $26.43 / hour

Lee’s Summit, MO $30.52 / hour

Harrisonburg, VA $29.76 / hour

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.